Yevamos - Daf 13
- כנס ולבסוף גירש או גירש ולבסוף כנס
We learned in the Mishnah, ואפילו כנס ולבסוף גירש – that even if a brother first married the tzarah and later divorced the ervah, that the tzarah may be taken in yibum, since she is not the tzarah of an ervah at the time of death. The Gemara here brings a contradictory Mishnah which states: Three brothers, of which two of them married two sisters, and one of them married a unrelated woman. One of the sisters gets divorced, and the one who married the unrelated woman, dies, וכנסה המגרש ומת – And the brother who got divorced, does yibum to the unrelated woman, and then he dies, so that the widow falls to the brother who was still married to one of the sisters, זו היא שאמרו שאם מתו או נתגרשו צרותיהן מותרות – This is the case of the Mishnah, that where the arayos died or got divorced, the tzaros are permitted to the yavam. This Mishnah says that the case is only if he first divorced the ervah and afterwards got married, implying that if he got married and then divorced the ervah, the tzarah would forbidden to do yibum!? Rebbe Yirmiyah answers: מי ששנה זו לא שנה זו – The one who taught this Mishnah, did not teach this Mishnah. האי תנא סבר מיתה מפלת – The Tanna of our Mishnah holds that the husband’s death causes his wives to fall to yibum. As long as a woman is not the tzarah of an ervah at the moment of the husband’s death, she is chayav for yibum. והאי תנא סבר נשואין הראשונים מפילים – But the Tanna of the other Mishnah holds that the original marriage causes his wives to fall to yibum. Therefore, if a woman was ever a tzarah of an ervah, she is patur from yibum. Rava reconciles the Mishnayos differently.
- Beis Shammai is matir a צרת ערוה
The next Mishnah states, בית שמאי מתירין הצרות לאחים ובית הלל אוסרים – Beis Shammai hold that the tzaros of arayos may do yibum, and Beis Hillel say that they are assur to do yibum. Rebbe Shimon ben Pazi explains that the reason for Beis Shammai is because the passuk states: "לא תהיה אשת המת החוצה לאיש זר" – The wife of the one who died, who is outside, should not go to a stranger, "חוצה" מכלל דאיכא פנימית – Since the passuk describes the wife as the outer one, meaning that she is not related to the yavam, it implies that there is an “inner” one, who is related to the yavam. ואמר רחמנא "לא תהיה" - The passuk is teaching that the outer one, who is the tzarah of the ervah, may not marry anyone else since she is subject to yibum. The Gemara continues, explaining what Beis Hillel do with this passuk.
- לא תתגודדו
The Mishnah in Megillah says: The Megillah is always read on either the 11th, 12th, 13th, 14th or 15th of Adar. Reish Lakish asked Rebbe Yochanon, why is this not an issue of לא תתגודדו – which means, לא תעשו אגודות אגודות – you shall not make separate factions? Chazal should have established one date for everyone. Rebbe Yochanon responded עד כאן לא שנית מקום שנהגו לעשות מלאכה בערבי פסחים עד חצות עושין מקום שנהגו שלא לעשות אין עושין – Have you not learned the Mishnah that stated: In a place where they have a custom to do work erev Pesach until noon, work may be done there, however, in a place where the custom is not to work before noon, one may not work there? Why did you not ask your question on that Mishnah? Reish Lakish responded that he was asking on the Mishnah in Megillah because there the Rabbanon forbade reading at a different time, whereas not doing work on Erev Pesach is only a minhag. When Rebbe Yochanon asked why Reish Lakish did not ask on the Mishnah in Pesachim that says in regard to doing work on the night of bedikas chametz, that Beis Shammai forbid it, and Beis Hillel permit it, Reish Lakish answered that in that case there is no issue of agudos, as one who sees someone not doing work, will just assume that he has no work to do. When Rebbe Yochanon asked again with the Mishnah here, that Beis Shammai is matir a tzaras ervah to do yibum and Beis Hillel assurs her from doing yibum, Reish Lakish answered that although Beis Shammai disagreed, they did not practically follow their own shitah. Rebbe Yochanon disagrees and said that they did follow their shitah.
