Yevamos - Daf 52
- Giving lashes for permissive behavior
Rav Huna said: מצות יבמין מקדש ואחר כך בועל – The mitzvah of yibum is done where the yavam performs kiddushin and then he has relations with the yevamah, ואם בעל ועשה מאמר קנה – and if he had relations with the yevamah first and then performed maamar, he has nevertheless acquired her as his wife. When the Gemara says that it is obvious that he has acquired her, since he had relations with her, it revises Rav Huna’s statement to: אם בעל בלא מאמר קנה – If he had relations with the yevamah without doing maamar he has nevertheless acquired her as his wife. When the Gemara challenges this from a Baraisa, which states that he receives malkus if he did not do maamar in advance, it answers that the Baraisa means he receives מכת מרדות מדרבנן – lashes for rebelliousness that the Rabbanon instituted. For Rav would give מכת מרדות to מאן דמקדש בביאה – one who is mekadesh a woman through relations, מאן דמקדש בשוקא – one who is mekadesh a woman in the marketplace, which Rashi explains means, even if he does it with money or a shtar, since this is lowly and licentious, ומאן דמקדש בלא שדוכי – and one who is mekadesh a woman without a prior agreement to enter into marriage. This is considered permissive behavior. The Gemara lists additional cases where Rav would give מכת מרדות.
- The text for the שטר כתובת יבמין
It was taught in a Baraisa: כיצד מאמר – How is maamar done? נתן לה כסף או שוה כסף – The yavam gives her money or an object worth money and Rashi adds, he says that he is mekadesh her with maamar yevamin. ובשטר כיצד – and how does he do with a shtar, which the Gemara clarifies refers to the שטר ?כתובת יבמין The yavam writes for his yevamah: אנא פלוני בר פלוני קבילית ית פלונית יבמתי עלי – I, Ploni bar Ploni, have accepted so-and-so, my yevamah, upon myself, לזון ולפנרסה כראוי – to feed and support as is proper, ובלבד שתהא כתובתה על נכסי בעלה הראשון – except that her kesubah rests upon the estate of her first husband. The Gemara clarifies that if her first husband did not leave any property to collect her kesubah from, the Rabbanon enacted that she collects it from her yavam, כדי שלא תהא קלה בעיניו להוציאה – in order that she should not be easy in his eyes to divorce.
- החולץ ליבמתו וחזר וקדשה
It was taught in a Baraisa: החולץ ליבמתו וחזר וקדשה – Regarding one who does chalitzah to his yevamah and then returns and is mekadesh her, Rebbe says: אם קדשה לשום אישות – if he was mekadesh her for marriage in general, she needs a get from him, but לשום יבמות – if he did it for the sake of a yibum related marriage, she does not require a get. But the Chochomim say that in both cases she requires a get. After the first explanation of the machlokes is rejected, Abaye explains that we are dealing with a case where the yavam said he was mekadesh her with the maamar of yevamin. Rebbe holds מאמר עילוי זיקה קא רמי – maamar rests upon the zikah, and since the chalitzah came and was pakah the zikah, maamar cannot take effect. But the Rabbanon hold האי לחודיה קאי והאי לחודיה קאי – that zikah stands by itself and maamar stands by itself, which Rashi explains to mean that maamar creates a new marital bond that is not based on the previous zikah. Therefore, if the yavam had said it before chalitzah, it would have helped, so too here, after the zikah was pakah by the chalitzah, it helps. The Gemara continues onto the next Daf with four more explanations of this machlokes.
