Resources for Yevamos daf 87

מראה מקומות

1.      The גמרא seems to equate יבום with תרומה as it tries to learn one from the other in regards to offspring. There is a נודע ביהודה in מהדורא קמא אבן העזר סימן ס"ט which is discussed regarding our דף and many other issues. The נודע ביהודה is מחדש the following: when a man is with his wife, sometimes it takes a day or two until the זרע is נקלט. If the man dies in between the time he is with his wife and the time the זרע is נקלט then even though the child is considered fully his, his wife would still be חייבת ביבום as if she died with no children. His proof is from the גמרא we learned back in החולץ that the time a woman must wait before she can remarry is three months since at that time the עובר is ניכר. He asks why that should be true since it can take up to three days for the זרע to be נקלט so we should have to wait three months and three days in case the husband was with his wife right before he died and conception did not occur until three days later. He proves from this that if a lady gets pregnant after her husband dies from the זרע of her husband she is still חייבת ביבום! This has very practical applications today where זרע can be stored and in-vitro fertilization can be done long after the husband has died. The קרן אורה here proves from our סוגיא that this יסוד must not be true since our גמרא seems to think that whatever effects an offspring have are the same for  תרומה and יבום, yet according to the נודע ביהודה if the lady conceives after her husband’s death, the child would still פּסול the mother from תרומה but would not exempt her from יבום.

2.      The גמרא says that we can’t tell a woman whose husband died and left her with a child who then remarried and lost her child from her first marriage that she now has to have יבום or חליצה done since she no longer has children from her first marriage. The reason is because the תורה says דרכיה דרכי נועם וכל נתיבותיה שלום, and it isn’t considered דרכי נועם to force a woman to get חליצה at that point since it will make her husband unhappy with her. (It is interesting to note that רש"י seems to indicate that she could get חליצה while she is still married whereas the ריטב"א is clear that she must get divorced first). The קובץ הערות in סימן ו׳ ס"ק א has the following חקירה: is דרכי נועם is a direct פּטור from יבום (like עריות) or is it just a גליוי מילתא how to learn the הלכות? If the latter is correct, דרכי נועם would just be telling us that it must be that זיקה ליבום only occurs at the time the husband dies and is never חל later. He proves from רש"י in ד"ה דרכיה that דרכי נועם tells us how to learn the הלכות of יבום since רש"י says that almost explicitly. The נפקא מינה is explained by חידושי ר׳ ראובן in סימן א is in a case where the הלכות are דרכי נועם but it just happens to come out a case where something will not be דרכי נועם. For example, if a woman was הותרה ליבום when the husband died, then became נאסרה and then became הותרה again (like on דף מ"א). In that case we say she is חייבת ביבום since at שעת נפילה she was זקוקה ליבום. This is notwithstanding the fact that at some point she became פּטורה later on and if she gets חייבת  again it would not be דרכי נועם to ask her to do חליצה, nonetheless חייבת ביבום because דרכי נועם is not a פּטור in and of itself. 

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