Yevamos - Daf 7
- The Kohen is taken from doing avodah to be killed in Beis Din
Rav Simi bar Ashi says that the reason we would think that the death penalty may be given on Shabbos, is not because an עשה דוחה לא תעשה שיש בו כרת, but rather because of a kal v’chomer. מה עבודה -חמורה ודוחה שבת רציחה דוחה אותה – Just as the avodah of a Kohen in the Beis HaMikdash is stringent and is docheh Shabbos and yet, execution overrides it, as it is stated: “מעם מזבחי תקחנו למות“– from the mizbayach you shall take him to die, meaning, that the Kohen is taken to be killed even if he is in the midst of doing the avodah, then Shabbos, which is נדחה because of avodah, then all the more so taking away the Kohen to be killed is docheh Shabbos.
- דבר שהיה בכלל ויצא מן הכלל
The Gemara on our Daf is still trying to understand why the word עליה is needed to teach that יבום is not done with אחות אשתו. The Gemara says that we can learn it through a derashah, referred to as דבר שהיה בכלל ויצא מן הכלל ללמד – Something that was within a general category, and then it is taken out of that general category in order to teach something in regard to itself, is not meant to teach something merely in regard to itself, but rather in regard to everything within that general category. The Gemara quotes a Baraisa that brings an example of this principle: The passuk states"והנפש אשר תאכל בשר מזבח השלמים וכו' וטמאתו עליו" – And the one that eats from the meat of a korban shelamim etc. and he is tamei, is chayav kares; why does the passuk need to say this, we already learned that one who is tamei and eats kodshim is chayav kares from a different passuk? We learn from this that just as shelamim is קדשי מזבח, consecrated for being offered on the mizbayach, and one is chayav kares when eating it, so too anything else that is קדשי מזבח, which excludes קדשי בדק הבית – consecrated for Temple repair, that if one ate it when he was tamei, he is patur.
This derashah can be used by אחות אשתו as well, as follows: אשת אח, is included in the category of all עריות, as it is written "כי כל אשר יעשה מכל התועבות האלה ונכרתו" – Anyone that does one of these abominations will be cut off, and it is taken out of that general category and has a heter that she falls to יבום, and this teaches us that all עריות too, fall to יבום. The Gemara says that this derashah is different, because the derashah by a shelamim, is a general איסור and a specific איסור, whereas with our derashah there is a general איסור and a specific היתר.
- הואיל ואישתרי אישתרי
The Gemara says that one might have learned that ואחות אשת – his wife’s sister, may be permitted for yibum with a מה מצינו from אשת אח, even though אשת אח had one איסור and אחות אשתו has two איסורים, through a principle called - הואיל ואישתרי אישתרי – Since it [one איסור] becomes permitted, it [a second איסור] becomes permitted. We find this principle of הואיל ואישתרי אישתרי by a metzora, where he has a heter to put his fingers into the Beis HaMikdash for his purification process, and he may do so even if he is a baal keri, thereby having two איסורים. This is because once the issur of metzora is mutar, the issur of keri becomes mutar as well.
