Yevamos - Daf 9
- The source for כל דבר שחייבין על זדונו כרת על שגגתו חטאת
After the Gemara clarifies that Rebbe uses עליה as a basis of a gezeirah shaveh to teach that Beis Din is chayav a par he’elam davar על דבר שזדונו כרת ושגגתו חטאת – when they rule on a matter that when done b’meized is chayav kares and beshogegg a chatas, it asks where the Rabbanon learn one is only chayav to bring a korban chatas for an aveirah done beshogegg, that when done b’meizid, one receives kares. The Gemara answers that the Rabbanon learn it from the parshah dealing with an individual doing avodah zarah,"תורה אחת יהיה לכם לעושה בשגגה והנפש אשר תעשה ביד רמה" – It should be one law to you, to one who acts inadvertently and to one who acts with intention. The Rabbanon make a היקש with this, of the entire Torah to avodah zarah: מה עבודת כוכבים דבר שחייבין על זדונו כרת ועל שגגתו חטאת – Just as with avodah zarah, there is kares if done b’meizid, and a chatas if done beshogegg, אף כל דבר שחייבין על זדונו כרת ועל שגגתו חטאת – so too, anything for which one is chayav kares for doing b’meizid, is chayav a chatas if he did it beshogegg. Being that the word והנפש, of the passuk תורה אחת, implies an individual, the Gemara then looks for a source that the same principle applies when the tzibur errs and does avodah zara.
- Levi wanted to addאמו אנוסת אביו to the Mishnah
Levi asked Rebbe why the Mishnah did not list sixteen cases and include the case of the ervah of אמו אנוסת אביו – One’s mother, who was violated by his father, and they were not married. Rebbe answered him that the Mishnah does not mention cases that are a subject of dispute, and this ervah is a matter of disagreement, for it is a machlokes between Rebbe Yehuda and the Rabbanon if a case of אנוסת אביו falling to yibum is even a possibility. Rebbe Yehuda says on Daf 4a that it is assur for one to marry אנוסת אביו, therefore, since a person’s paternal brother cannot marry the אנוסת אביו, she would never fall to yibum. The Rabbanon, on the other hand, hold that it is permitted for one to marry אנוסת אביו. Therefore, if the paternal brother marries אנוסת אביו and then dies without children, we would have a case of אמו אנוסת אביו falling to yibum. According to Rebbe, since this case is a machlokes, it is not included in the Mishnah.
- The case when two sisters fall to two brothers for yibum, and each is an ervah to each of the brothers
The Gemara challenges Rebbe’s assertion that the Mishnah does not list cases where there is a machlokes. As background, the Mishnah on Daf 26a discusses a case of four brothers, two of whom married two sisters, and then died without children. The brothers may not do yibum to either sister, as each one is an אחות זקוקתו, - the sister of a women who is zakuk to her yavam, which is forbidden, being that it is similar to אחות אשתו. On the other hand, they are not patur from yibum entirely, and still require chalitzah, as they are not really an ervah. The Mishnah’s last case is when one sister is an ervah to one brother and the other sister is an ervah to the other brother. In this case, each brother may do yibum to the sister of the woman who is an ervah to him. This is a case of אחותה שהיא יבמתה חולצת או מתייבמת – When her sister is her fellow yevamah, she may do chalitzah or yibum. It is about this last case, that in our Gemara, Rav Yehuda said in the name of Rav, and Rebbe Chiya taught in a Baraisa, that when we say that each sister is an ervah, she can be any one of the fifteen arayos of our Mishnah. When the Gemara challenges Rebbe and says that Rebbe Chiya’s rule only works according to Rebbe Shimon and not according to the Rabbanon, in the case of אשת אחיו שלא היה בעולמו – the wife of a brother that did not live at the same time as the yavam, and therefore the Mishnah includes a machlokes, it answers that Rebbe does not hold of Rebbe Chiya’s rule.
