Yevamos 39a

יבמות ל״ט ע״א

Yevamot 39a

Learn Yevamos 39a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Yevamos 39a in Gemara Clarity

Topic

Why בית שמאי rule differently in the two halves of the משנה about property that came to a שומרת יבם: אביי's explanation, רבא's challenge, and רבא's own answer based on מאמר.

Overview

The amud opens by finishing the debate between אביי and רבא about property that came to a שומרת יבם. אביי holds that a husband's hold on his wife's property is only equal to hers. רבא instead says the two halves of the משנה differ by whether the יבם did a מאמר. The גמרא matches each view to an earlier authority and defends רבי אלעזר's position. רב פפא then says the wording of the משנה favors אביי, though the case of 'מתה' remains hard for him. Next, the גמרא explains that after יבום she is fully his wife: a גט ends the marriage and he may remarry her. Her כתובה, however, stays on the first husband's property unless he left nothing. A new משנה gives the eldest brother first duty for יבום and forbids stalling by waiting for another brother. The גמרא brings a מחלוקת between רבי יוחנן and רבי יהושע בן לוי on whether a younger brother's יבום or the eldest's חליצה is better. It shows that the משנה cannot settle this, because we never delay a מצוה.

Opening lines

The steps (34)

1. StatementWhat אביי assumes about the husband's hold on the property
2. Challengeרבא objects that everyone agrees the husband's hold is stronger
3. Resolutionרבא's own answer: both cases are during the wait for the יבם
4. Statementרבא's view of what a levirate betrothal accomplishes for בית שמאי
5. StatementTwo Amoraim line up with רבא and אביי
6. Challengeרבי אלעזר's other statement seems to contradict רבא
7. ResolutionAnswer one: switch the names
8. ResolutionAnswer two: keep the names and reread רבי אלעזר
9. Statementרב פפא: the משנה's wording supports אביי
10. ProofHow the משנה's wording supports אביי
11. ChallengeWhy 'she died' is still hard for אביי
12. ConclusionNothing more to add
13. QuestionWhat does 'he married her, she is like his wife' teach?
14. ResponseHe divorces her with a גט and may take her back
15. QuestionIsn't divorcing her with a גט obvious?
16. ResponseWe might have thought only חליצה could end it
17. QuestionIsn't remarrying her obvious?
18. ResponseWe might have thought אשת אח comes back
19. ChallengeWhy not say she really is forbidden again?
20. ResolutionOnce he takes her, she is fully his wife
21. QuestionWhy is the כתובה different?
22. ResponseShe was given to him by Heaven
23. StatementIf the first husband left nothing, the כתובה comes from the יבם
24. StatementThe eldest brother has the first מצוה of יבום
25. StatementA brother cannot stall by waiting for another brother
26. StatementWhich is better: a younger brother's יבום or the eldest's חליצה?
27. StatementThe reason behind each side of the argument
28. ProofA proof from the משנה that the younger brother's יבום is better
29. RejectionThe proof is pushed off: he refused both
30. ChallengeThen why go back to the eldest to force him?
31. ResolutionThe מצוה is on the eldest, so we force him
32. ChallengeIf a younger brother's יבום is better, why not wait for the minor?
33. ResolutionYour side has the same problem: the brother overseas
34. ResolutionThe real reason: we never delay a מצוה