Yevamos - Daf 22
- Question if the Rabbanon were gozeir shniyos for geirim
Rava once said to Rav Nachman that in Eretz Yisroel they asked whether the Rabbanon were gozeir shniyos for geirim, to which Rav Nachman responded: השתא ומה ערוה גופה- Regarding the ervah herself, referring to the ger’s non-Jewish mother and the other women that the Rabbanon prohibited a ger to marry, the Rabbanon only were gozeir so people should not say, באין מקדושה חמורה לקדושה קלה – that geirim come from a strict level of kedushah, being that non-Jews are prohibited to their non-Jewish mother, and now they come to a lesser level of kedushah, as they are now permitted to marry their non-Jewish mother. Rashi explains that a ger is כקטן שנולד דמי ואין לו קירבה – like a newborn baby and has no halachic relationship to his biological mother. Since the ervah relationships were prohibited only because of this concern, the Rabbanon certainly did not prohibit shniyos to a ger.
- A mamzer brother is zokek his brother’s wife for yibum and a mamzer son exempts his father’s wife
The next Mishnah states: מי שיש לו אח מכל מקום זוקק את אשת אחיו ליבום – He who has a brother of any kind, the brother binds his brother’s wife for yibum. Rav Yehudah clarifies that the phrase מכל מקום – of any kind, is coming to include a mamzer, and the Gemara asks that it is obvious that he is his considered his brother since the Mishnah proceeds to state he is his brother for “every matter”? The Gemara answers that one might have thought that we learn out from the gezeirah shaveh of אחוה אחוה מבני יעקב – that just as with bnei Yaakov, the term “brother” refers to כשרין ולא פסולים, so too the term “brother,” refers to those that are kosher and not passul, therefore the Mishnah is coming to teach otherwise. The Gemara asks why indeed we do not follow the gezeirah shaveh, and it answers that since a mamzer son exempts his father’s wife from yibum, in a case where the father had a mamzer, then married and subsequently died childless, מיזקק נמי זקיק – he should definitely bind his brother’s wife to him. The source that a mamzer qualifies as a son, is learned from the passuk, "ובן אין לו" – and he has no son. Since the word ein is written with a yud, it implies, עיין עליו – examine him, which Rashi explains to mean that one should see if he has any type of son, even a mamzer.
- Machlokes regarding הבא על אחותו והיא בת אשת אביו
It was taught in a Baraisa: הבא על אחותו והיא בת אשת אביו – “One who has relations with his sister, who is the daughter of his father’s wife, is chayav for transgressing two prohibitions, whereas Rebbe Yose ben Yehudah says, אינו חייב אלא משום אחותו בלבד – he is only chayav for having relations with his sister and not for having relations with his father’s wife’s daughter. The Chochomim’s reason is that since the passuk states: ערות אחותך בת אביך או בת אמך – "The nakedness of your sister, whether your father’s daughter or mother’s daughter, why is there a need for another passuk, ערות בת אשת אביך מולדת אביך אחותך הוא – The nakedness of your father’s wife’s daughter, who was born to your father – she is your sister? It must be that the Torah wants to be mechayev the brother for violating two prohibitions. Rebbe Yose ben Rebbe Yehudah would say that the passuk states: אחותך הוא – “She is your sister,” which implies משום אחותו אתה מחייבו ואי אתה מחייבו משום בת אשת אביו – he is mechayev for having relations with his sister, and not for having relations with his father’s wife’s daughter. The Gemara will analyze the machlokes.
