Limud Torah

with Rav Chaim

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Yevamos 14

The Gemara says that we Paskin like Beis Hillel because the Bas Kol said so.

Tosfos asks why is this different from the case in Bava Metzia that we Paskin against  R' Eliezer despite the fact the Bas Kol said the Halacha is like him?

Tosfos answers that really we should Paskin like Bais Hillel anyhow, since they're the majority. They just needed the Bas Kol to say that we don't take into account that Bais Shami was sharper. However, R' Eliezer was a minority, so we cannot use a Bas Kol to go against the rule that the Halacha is like the majority.

Alternatively, we can say that we do listen to the P'sak of a Bas Kol. However, the case of R' Eliezer was different. Since he insisted that the Bas Kol to say the Halacha, so the Bas Kol honored his request saying the Halacha was like him. It was never intended to actual Paskin the
 

Yevomos 11

The Gemara says that not only you can't do Yibum to a Sotah but  also to her Tzara.

Tosfos points out that not only that you can't do Yibum but you don't need to do Chalitza. Later we'll see this only applies by a definite Sotah, however a Safeik Sotah needs Chalitza since the Torah calls only a definite Sotah as Tamai.

Tosfos asks: We see even a Safeik Sotah called Tamai. Therefore, since the Torah says Tamai thrice, if she secludes herself she's forbidden to her husband and to the one who secluded himself with her and from eating Trumah.

Tosfos answers that she's only Safeik forbidden with those things perhaps she's a true Sotah.  But just for being  a Safeik Sotah per se doesn't forbid her.

Tosfos then asks: why should she be Safeik forbidden? (Aruch L'ner learns that Tosfos holds like the Rambam that a Safeik on a Torah law is permitted from the Torah. The Rabanan were the ones to decree you need to be stringent.)
 
Tosfos answers: Safeik Sotah is different since the Torah considers  Safeik Sotah like a definite Sotah (at least to be stringent. We wouldn't say the Torah considers her like a definite Sotah for a leniency to exempt her from Chalitza.)

 

Yevamos 10

The Gemara is trying to figure  out what types of Ervas are included in the list that exempt their Tzaros from Yibum. There are those that include cases that  not everyone agrees to. Furthermore, there are those that include cases that comes out from illegal relations. 

Tosfos asks: if so, why don't we include the case where someone divorces his wife on condition that she doesn't marry Ruvain. Then she married Ruvain's brother and he dies. So not only can't Ruvain do Yibum on this woman, since to him she's an Ervah i.e.  a married woman to the first husband,  but also he can't do Yibum her Tzara either.

Although the Rabanan hold you cannot divorce your wife unless you allow her to marry everyone. However, since we count even cases where there are arguments, since R' Eliezer holds this type of Get to work we can still count it.

And even though R' Eliezer agrees that she shouldn't marry anyone until Ruvain dies. Since she might become widowed or divorced to the second husband she might marry Reuvain and make her divorce retroactively null. However, we are also listing cases if they get married although they're not allowed to.

Tosfos answers: we learn that an Ervah is exempt from Yibum from a wife's sister. This woman that got divorced on condition is not similar to a wife's sister. Although she can't marry Ruvain, she can have out of wedlock relations with him (since the condition was only not to marry him.) Even if  the husband divorced her on  condition not to have relations with Ruvain, it's still not similar, since he can give her Kiddushin (but  there is no Kiddushin that can take affect by a wife's sister)

Even if the condition is not to marry or have relations, it's still not similar, since she's not a married lady when Ruvain's brother dies. Only if Ruvain does Yibum to her does she retroactively become a married lady. This is not similar to a wife's sister who has that status at the death of his brother.

Even if we consider her immediately the Erva of  a married lady, since that is the reason Ruvain cannot do Yibum to her, it is still not similar. Because here if Ruvain would do Yibum to her, then it would retroactively make her not married to his brother and therefore her Tzara was retroactively not her Tzara and therefore permitted to Ruvain.
 
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