Yevamos - Daf 12
- צרת ממאנת אסורה גזרה משום צרת בתו ממאנת
Rav Lili bar Mamel said in the name of Mar Ukvah, who said in the name of Shmuel, that a צרת ממאנת is forbidden to the yavam. Rashi explains that the case is where a ketanah and a gedolah fall to yibum. If the ketanah does mi’un to the brother, her tzarah becomes assur. The Gemara asks: Who is the tzarah assur to? It cannot be to the brothers, because Shmuel had said that even the yavamah who did mi’un herself, is mutar to the brothers. Rather, it must be referring to the one who the yavamah did mi’un to. But then, what is the difference between the mima’enes, who is mutar to the brothers since she did not do mi’un them, and the tzarah, who did not do mi’un to this brother who mi’un was done to? The Gemara answers that the reason that she is forbidden to him is גזירה משום צרת בתו ממאנת – a decree that was made because of the tzarah of a daughter who falls to yibum and does mi’un . Rashi explains that the case is when one’s daughter, who is a ketanah, falls to him for yibum, along with an adult tzarah, and the daughter does mi’un to her father. Since at the time they fell for yibum, the tzarah appears like the tzarah of his daughter, who is an ervah to her father, she is assur mid’Rabbanon, even though the daughter’s mi’un does uproot the marriage. The concern is that if we permit a yavam to take aצרת ממאנת in general, one might come to permit one to take a צרת ממאנת when the one doing mi’un is his daughter.
- צרת אילונית
Rav Assi says that a tzarah of an aylonis is assur because the passuk states "והיה הבכור אשר תלד" – And the firstborn that she gives birth to, which excludes an aylonis, being that she cannot give birth. Since an aylonis cannot do yibum, she is an ervah and the tzarah is a tzaras ervah. The Gemara asks: The Mishnah on 2b says: וכולן אם מתו או מיאנו או נתגרשו או שנמצאו אילונית צרותיהן מותרות – And with all the arayos of the Mishnah, if they die or do mi’un or get divorced, or are found to be an aylonis, then the tzaras ervah is mutar to the yavam. We see from here that a tzaras aylonis is mutar to the yavam!? The Gemara answers לא קשיא כאן שהכיר בה כאן שלא הכיר בה – It is not a difficulty, here is where he recognized and here is where he did not recognize. Rashi explains that Rav Assi was discussing a case where the husband recognized that his wife was an aylonis when they got married. Therefore, the marriage was legitimate, and the tzarah is a tzaras aylonis, who is patur from yibum. Our Mishnah, on the other hand, is discussing a case where he did not realize that she was an aylonis, and therefore the marriage is nullified, and the tzarah is mutar to the yavam. The words of the Mishnah imply this as well, as it says שנמצאו – They were found to be an aylonis, and it does not say שהיו – They were.
- בנים הרי הם כסימנים
Rav Bibi taught a Baraisa in front of Rav Nachman: שלש נשים משמשות במוך – There are three women who may use cotton, to prevent conceiving. קטנה מעוברת ומניקה – A minor, a pregnant woman, and a nursing woman. קטנה שמא תתעבר ושמא תמות – A minor may do this, as otherwise she may become pregnant, and she may die because of the pregnancy. The Gemara asks, that since the wording “she may die,” implies that some minors may become pregnant and not die, there is indeed a case of חמותו ממאנת – A mother-in-law who does mi’un. Rashi explains that this is a case where a ketanah gives birth to a daughter, and her husband gives the infant daughter away in marriage. The husband will have a mother-in-law who may do mi’un. But the Mishnah on 2b said that this case does not exist!? Rav Safra answered that בנים הרי הם כסימנים – Children are like simanim - signs of puberty, and therefore once she gives birth, she cannot do mi’un anymore. And there are those that say: בנים עדיפי מסימנים - children are even a greater sign of maturity than simanim. The Gemara will explain the nafka minah between the two opinions.
