Limud Torah

with Rav Chaim

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Yevamos 18

The Gemara quotes Rabban Gamliel: If two brothers married two sisters, one is a Gedola and the other a Ketana (who was married off by her mother or brother that the Kiddushin is only rabbinic) and the one who married the Gedolah dies, then the Ketana doesn't need to do Miyun. If she doesn't then "She" waits until she grows up and the other one can marry someone else without Chalitza, since she is now his full fledged wife's sister.

The question is who is he referring to by "She?" Rashi learns that it's the Gedolah. She needs to wait till her sister grows up to be married to the brother completely before she can remarry.

Tosfos asks:  If we were referring to the Gedolah, why do we say afterwards "the other one can marry someone else without Chalitza." Are we not referring to her originally? Shouldn't we rather write "and she can marry someone else.?"

Tosfos rather explains that "She" refers to the Ketana. He must wait untill she grows up to have relations with her again. Even though he holds there is no Zika, so technically she's not the sister of Zika, so she's not forbidden to her. However, since relations with her until she becomes a Gedolah doesn't dismiss the sister, it looks bad, so the Rabanan forbade her. 


 

Yevamos 17

The Gemara says that we learn that a brother has to be born while the dead brother was still alive to do Yibum. We learn it from that the Torah says "Yachduv" they were all together.

Rav learns also from that word that they must be brothers from the same father. They have to have an inheritance together. Rabbah learns that from a Gezairah Shava from Yaakov's son that they were all sons of the same father.

Tosfos asks: why couldn't Rabbah learn from that Gezairah Shava that they must have lived in the same time just like the sons of Yaakov?

Tosfos answers: This Gezairah Shava comes to define the term "brother." It's apt to consider brothers from different fathers as sort of a lesser type of brothers and is not what the Torah refers to as a brother. However, if he's a full brother, then we would never says from this Gezeira Shava that we don't define him as a brother just because they didn't live at the same time. Therefore we need the Torah to say "yachduv" to exclude him.
 

Yevamos 16

One Shita holds that an Eved or Goy that fathers a child with a Jewess the child is a Mamzer. 

Tosfos assumes that one can only create a Mamzer from a prohibited relations. So Tosfos asks that the Rabanan (of R' Shimon) holds that the Torah doesn't prohibit relations with a Goy (unless it's done publicly) so how can such a relations produce a Mamzer?

Tosfos answers: that Mamzeres doesn't depend on a prohibited relations. It's only depends on if there is an ability to Mekadesh that person. Since there is no Kiddushin by a Goy, so the child created by such a relations creates a  Mamzer.

Alternatively, the Gemara would hold since the relations is a rabbinic prohibition that he's a Mamzer Midarbanan. 
 
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