Yevamos 24a

יבמות כ״ד ע״א

Yevamot 24a

Learn Yevamos 24a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Why doubtful cases (even with כהנים) are not separated, and the new משנה on the oldest brother's priority in ייבום, including what the word 'בכור' in the פסוק does and does not mean

Overview

This amud opens by finishing an answer. Another משנה makes brothers who married separate, but in our case each brother may well have the right woman, so they may stay married. שילא teaches that this holds even if both brothers are כהנים, because a חלוצה is forbidden to a כהן only מדרבנן, and the רבנן made no rule for a ספק חלוצה. The פסוק that seems to teach the ban is only an אסמכתא. A new משנה then teaches that the oldest brother should do ייבום, but if a younger brother goes first, the ייבום counts. A ברייתא reads the ייבום פסוק phrase by phrase: the oldest goes first, an אילונית and a סריס are left out, and 'שם' means inheritance, proven by a גזירה שוה. רבא notes that here the גזירה שוה removes the plain meaning completely. The גמרא then tests several ways to give the בכור a special role and rejects each one: any brother may do ייבום, and his ייבום works. The eldest goes first because of his age, and whoever does ייבום inherits. The amud ends by asking why the תורה says 'בכור' at all, and the answer comes on the next amud.

Opening lines

The steps (28)

1. ResolutionWhy the other case requires separation but ours does not
2. StatementEven if both brothers are כהנים, they need not separate
3. ResponseThe reason: a doubtful חלוצה was not forbidden
4. ChallengeA ברייתא seems to learn the חלוצה ban from a פסוק
5. ResolutionThe verse is only a support for a rabbinic rule
6. StatementNew משנה: the oldest brother should do ייבום first
7. StatementA ברייתא reads the ייבום verse phrase by phrase
8. QuestionMaybe 'name' means naming the child
9. ResponseA גזירה שוה proves 'name' means inheritance
10. StatementA סריס has no ייבום
11. Statementרבא: here the plain meaning is fully set aside
12. ChallengeCould 'name' ever have meant an actual name?
13. ResolutionThe plain meaning was possible, so the גזירה שוה removed it completely
14. ChallengeMaybe only the firstborn brother may do ייבום
15. ResolutionThe exclusion of a later-born brother proves other brothers can do ייבום
16. Challengeרב אחא: maybe the exclusion is about the mother's firstborn
17. Resolutionייבום follows inheritance, which comes from the father
18. ChallengeMaybe ייבום only happens when a firstborn exists
19. Resolution'One of them dies' includes the firstborn
20. ChallengeMaybe the verse means only a younger brother died
21. ResolutionThe exclusion of a later-born brother proves younger brothers do ייבום
22. ChallengeMaybe a younger brother who goes first does not acquire her if a firstborn exists
23. ResolutionAll brothers are equal: 'If brothers dwell together'
24. ChallengeMaybe the eldest only gets a second chance when there is a real firstborn
25. ResolutionThe eldest is treated like a firstborn because of his age
26. ChallengeMaybe only a firstborn who does ייבום inherits his dead brother
27. ResolutionWhoever does ייבום stands in his brother's place, so he inherits
28. QuestionWhy does the תורה say 'firstborn' at all?