Yevamos 36b

יבמות ל״ו ע״ב

Yevamot 36b

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Topic

The last two of the few disputes where the הלכה follows ריש לקיש against רבי יוחנן: wording a gift to each heir, and a son who sells property his father gave him with the father keeping its use until death.

Overview

The גמרא finishes its list of cases where the הלכה follows ריש לקיש against רבי יוחנן. In the first case, a man dividing his property among his heirs must use the gift wording for each heir. In the second, a father writes his property to his son 'after his death,' and the son sells it and then dies before the father. רבי יוחנן says the buyer gets nothing, because owning the use (קנין פירות) is like owning the thing itself. ריש לקיש says the buyer acquires. The גמרא then returns to the משנה about a יבם who married his pregnant יבמה. רבי אליעזר says that even if the baby was not viable, he must divorce her. רבא links this to רבי מאיר's penalty for marrying a pregnant or nursing woman, and אביי shows two ways the two rulings could differ. רבא adds that even the חכמים require a real גט, and מר זוטרא proves this from the wording. Finally, a baby who dies within thirty days is a doubt, and two students report רבא differently on whether its remarried mother must do חליצה if her new husband is a כהן. רבינא's challenge to רב משרשיא continues on the next amud.

Opening lines

The steps (16)

1. Statementריש לקיש: the gift wording must be said for each heir
2. StatementThe last case: a father who writes his property to his son after his death
3. StatementThe dispute: the son sold and then died before his father
4. Statementרבי יוחנן's reason: owning the use is like owning the thing
5. Statementריש לקיש: the buyer does acquire
6. StatementBack to the משנה: רבי אליעזר says he must divorce her
7. Statementרבא: רבי מאיר and רבי אליעזר hold the same idea
8. Proofרבי מאיר's ruling: a pregnant or nursing woman
9. Rejectionאביי: Maybe רבי אליעזר is strict only because of a Torah prohibition
10. Rejectionאביי: Maybe רבי מאיר is strict only because it is a rabbinic law
11. Statementרבא: The חכמים also require a גט
12. Proofמר זוטרא: The wording 'יוציא' proves רבא right
13. Statementרב אשי quotes: A baby who lives thirty days is not a נפל
14. StatementA woman who remarried after the baby died: the rule depends on whom she married
15. StatementA second report of רבא: she does חליצה either way
16. Challengeרבינא turns to challenge רב משרשיא