Yevamos - Daf 32
- Machlokes when the yavam has relations with the yevamah who is his wife’s sister
It was taught in Baraisa: בא עליה – If the yavam had relations with the yevamah while his own wife, who was her sister, was still alive, חייב עליה משום אשת אח ומשום אחות אשה דברי רבי יוסי – Rebbe Yose holds that he is chayav for violating the issur of a brother’s wife and a wife’s sister. Rebbe Shimon says: אינו חייב אלא משום אשת אח בלבד – He is only chayav for violating the issur of a brother’s wife. Rashi explains that Rebbe Shimon holds אין איסור חל על איסור – one issur does not take effect upon another issur. The Gemara asks on Rebbe Shimon, that in a case where the first brother who later died married his wife first, and then the living brother married her sister, כיון דאיסור אחות אשה לא חייל תתיבם יבומי – since the issur of a wife’s sister did not take effect on the living brother, when the first brother dies, let the living brother do yibum. Rav Ashi answered: איסור אחות אשה מיתלא תלי וקאי – The issur of a wife’s sister stands in suspension the entire time. אי פקע איסור אשת אח אתי איסור אחות אשה וחייל והלכך לא פקע – If the lav of a brother’s wife is lifted, the lav of a wife’s sister would take effect. Therefore, the lav of a brother’s wife is not lifted.
- איסור מוסיף
The Gemara asks whether Rebbe Yose, who says that the yavam would be chayav for both lavim, really holds of איסור חל על איסור, for it was taught in a Baraisa: If one did an aveirah that results in two different methods of execution, the Tanna Kamma holds נידון בחמורה – he is subject to the more severe one, but Rebbe Yose says: נידון בזיקה הראשונה הבאה עליו – He is subject to the execution that comes to him from the first attachment. Another Baraisa brings the example of a woman who was first his mother-in-law who subsequently became another man’s wife. If he had relations with her, Rebbe Yose would say he would be chayav שריפה - burning for violating having relations with his mother-in-law. If she had been the other man’s wife before becoming his mother-in-law, then he would be chayav חנק – strangulation for having relations with a married woman. This seems to prove that Rebbe Yose does not hold of איסור חל על איסור!? Rebbe Abahu said: Rebbe Yose does hold that אין איסור חל על איסור except in a case of an איסור מוסיף – when the second issur is more extensive than the first. For example, when a man marries, his wife’s sister becomes prohibited to him, but not his brothers. When one of his brother’s marries the sister, then the sister now becomes prohibited to all of the brothers. Therefore, Rebbe Yose holds he is chayav for both, if he has relations with her. The Gemara will refute this explanation.
- זר ששמש בשבת
The Gemara begins three disputes between Rebbe Chiya and Bar Kappara. It was stated: זר ששמש בשבת – If a non-Kohen served in the Beis Hamikdash on Shabbos, Rebbe Chiya says he is chayav twice, once for serving in the Beis Hamikdash, and one for being mechallel Shabbos, whereas Bar Kappara says he is only chayav once – as a non-Kohen serving. Each one took an oath and claimed they heard their opinions from Rebbe. Rebbe Chiya explained that Shabbos was forbidden to all Jews, and melachah was permitted to Kohanim in the Beis Hamikdash. Therefore, a non-Kohen would be chayav twice. Bar Kappara says that when doing melachah was permitted in the Beis Hamikdash, it was permitted to all. Therefore, the non-Kohen is only chayav for serving in the Beis Hamikdash. Two more disputes are brought and on the next Daf the Gemara will discuss what their machlokisim are based on.
