Yevamos - Daf 11
- צרת סוטה
Rav Yehuda says in the name of Rav that a צרת סוטה is patur from doing yibum or chalitzah. Rashi explains the case, that a man marries two women and one of them has relations with another man, and then he dies without children, then the sotah, as well as the tzarah are patur from yibum. The reason is because טומאה כתיב בה - a passuk in the parshah of סוטה says the word tumah –"ונסתרה והיא נטמאה" – And she goes into seclusion and she becomes tamei, and a passuk in the parshah of arayos says the word tumah –"אל תטמאו בכל אלה" – You may not become tamei with all of these, which teaches us that a sotah is like an ervah. Rav Ashi asks on Rav from a Baraisa, which states: If a woman goes into seclusion with a man, (which Rashi explains, is referring to when her husband had warned her not to do so), for the amount of time that it takes for them to have relations, she is forbidden to her husband, and if she is the wife of a Kohen, she is forbidden to eat terumah, and if the husband dies, then she does chalitzah. We see from this Baraisa that she is not patur from yibum, but rather that she must do chalitzah!? The Gemara answers that Rav can reply that he was discussing a case of סוטה ודאי – When it was certain that she had relations with the other man, and the Baraisa was discussing a case when she had gone into seclusion with the man but we do not know if they had relations.
- צרת מחזיר גרושתו
The Gemara brings a Baraissa that says, Rebbe Yosi ben Keifar said in the name of Rebbe Elazar, המחזיר גרושתו מן הנישואין אסורה – One who wants to remarry his divorcee, if she had married someone else (and she gets divorced or her husband died), then she is forbidden to him, but if she had only done eruisin to another man, then he may remarry her. The reason, is because it says in regard to remarrying one’s divorcee: "אחרי אשר הטמאה" – After she becomes tamei, which implies that she is only assur after she had relations with her second husband. The Chochomim say that she is forbidden to her original husband, even if she only did erusin to the second husband. The Chochomim use the word הטמאה to teach that a sotah is forbidden to her husband. Rav Yehudah asked Rav Sheishes: What is the halachah of the tzarah of a מחזיר גרושתו after she remarries? This question is not according to Rebbe Yosi ben Keifar; since he says that the word tumah excludes מחזיר גרושתו from yibum, the tzarah is excluded, as well. The question is only according to the Rabbanon who hold that the word tumah is written regarding a sotah. Do they maintain that being that the simple meaning of the passuk is discussing a מחזיר גרושתו, the word tumah applies there, as well, or do they hold that the word tumah is not referring to a מחזיר גרושתו at all? The Gemara brings an alternative version of this discussion, in which the question is shown to only be according to Rebbe Yosi ben Keifar.
- One should not pour out the water of his pit if others need it
The Gemara brings a Mishnah from 43b that states that if a man who is married to two women, dies without children, both women fall to yibum to his brother, and the brother does yibum or chalitzah to either one of them, and the tzarah will then be patur from yibum. The Mishnah continues, היתה אחת מהן כשרה ואחת פסולה – If one of these women was permitted to marry a Kohen, and the other one was forbidden to marry a Kohen, אם היה חולץ חולץ לפסולה – if the brother wants to do chalitzah, which would passul the chalutzah from marrying a Kohen, he should do it to the yevamah who is anyways passul to kehunah. Rav Yosef, quoting Rebbe, explained the reason for this, that לא ישפוך אדם מי בורו ואחרים צריכים להם – One should not spill out the water of his pit, if others need it. Meaning, that since he wants to do chalitzah, which would assur the chalutzah to a Kohen, he should do it to the yevamah, who is already assur to a Kohen, and let the other woman remain available to a Kohen.
