Limud Torah

with Rav Chaim

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Yevamos 9

The Gemara says The Parsha of korbon for Avodah Zara is written next to the Parsha of a regular Korbon Chatos. We learn from there that the Aveiros that you are Chayiv a Chatos are similar to Avoda Zara. Just like Avoda Zara has a Chiyuv Karies and a Chiyuv Chatos, so too all Aveiros that have a Chiyuv Kareis is Chayiv a Chatos.

Tosfos asks: once we're comparing it to Avodah Zara, why not say just as Avodah Zara one is Chayiv Skila (to be stoned) so too all Chatos only apply to Aveiros that have a Chiyuv Skila?

Tosfos answers: we only compare the Chiyuv Chatos to what is written explicitly in that Parsha of Korbon on Avodah Zara. Since there the Torah only writes Kareis therefore we can only use that aspect to compare to the other Aveiros.

A proof to that is from the Gemara in Makos that says that if someone transgresses by not bringing a Korbon Pesach or not having a Milah he doesn't bring a Korbon. The Gemara doesn't learn it from comparing it to Avodah Zara that there is a Lav,so therefore all Chiyuv Chatos need to have a Lav. We must say the reason the Gemara doesn't say it that way because the Pasuk by Korbon doesn't talk about the Lav of Avodah Zara. 

(However, the Pasuk does refer to doing Avodah Zara, therefore the Gemara learns that one needs to trangress an Aveira in an active fashion. This excludes Pesach and Milah where one transgresses in a passive fashion.)
 

Yevamos 8

Rava says that we don't need a Pasuk to forbid doing Yibum on an Ervah (but the Pasuk tells us that only by Yibum do we forbid you with a Tzuras Ervah, but not if they were married to a non-relative.)

Tosfos explains why Rava couldn't learn like the original two answers. He couldn't learn that I might allow someone that became an  Ervah after the brother dies similar to what we allow a Metzorah that became a Baal Keri on the eighth day to stick his hand into the Mikdash. Since the Heter of Metzorah was based on that sticking part of your body in the Mikdash is also prohibited if you're Tamai.  Rava could have learned that the Torah doesn't forbid sticking part of your Tamai body. Therefore the Metzorah is not pushing off a Lav, therefore there is no precedence to permit an Ervah for Yibum

Alternatively, we may say, that he holds that only by Tumah where both Issurim are one Lav, namely going into the Mikdash Tamai, do we say that while  the Torah allows you to come in with one Tumah so it allows you with any other Tumah you may have. But just because the Torah allows you the Issur  to marry your brother's wife is no reason to allow a different Issur of you wife's sister.

He couldn't have allowed a wife's sister from a Hekesh, since he learns the Hekish for strict measures and not to allow an extra leniency.

Rabbi Chaim Smulowitz
Tosfos Project
tosfos.ecwid.com
 

Yevamos 8

Rava says that we don't need a Pasuk to forbid doing Yibum on an Ervah (but the Pasuk tells us that only by Yibum do we forbid you with a Tzuras Ervah, but not if they were married to a non-relative.)

Tosfos explains why Rava couldn't learn like the original two answers. He couldn't learn that I might allow someone that became an  Ervah after the brother dies similar to what we allow a Metzorah that became a Baal Keri on the eighth day to stick his hand into the Mikdash. Since the Heter of Metzorah was based on that sticking part of your body in the Mikdash is also prohibited if you're Tamai.  Rava could have learned that the Torah doesn't forbid sticking part of your Tamai body. Therefore the Metzorah is not pushing off a Lav, therefore there is no precedence to permit an Ervah for Yibum

Alternatively, we may say, that he holds that only by Tumah where both Issurim are one Lav, namely going into the Mikdash Tamai, do we say that while  the Torah allows you to come in with one Tumah so it allows you with any other Tumah you may have. But just because the Torah allows you the Issur  to marry your brother's wife is no reason to allow a different Issur of you wife's sister.

He couldn't have allowed a wife's sister from a Hekesh, since he learns the Hekish for strict measures and not to allow an extra leniency.

Rabbi Chaim Smulowitz
Tosfos Project
tosfos.ecwid.com
 
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