Yevamos - Daf 56
- To what extent does the yavam acquire the yevamah with an inferior form of yibum?
The Mishnah on Daf 53b stated that the yavam is קנה – he acquires the yevamah with all the inferior forms of yibum mentioned, such as b’shogegg, b’meizid, and b’ones. The Gemara asks what “he acquires” means? Rav says: קנה לכל – He acquires her for all matters. Rashi explains that even with one of the ביאות גרועות – the deficient forms of yibum, she can eat terumah immediately if he is a Kohen, even if he goes away on travels and he never has full relations with her. But Shmuel says: לא קנה אלא לדברים האמורים בפרשה – He only acquires her regarding the matters in the parshah of yibum; those being to inherit the estate of his brother, ולפוטרה מן היבום - and to free her from yibum. The Gemara clarifies that they both agree that if she fell to yibum from a state of nisuin that she may eat terumah, because she had already been eating terumah originally, before her husband died. They disagree where she fell to yibum from erusin. Rav says she may eat terumah דהא רבי רחמנא ביאת שוגג כמזיד – because the Torah has included relations beshogegg with a yevamah as an effective form of yibum like a meizid. Therefore, she becomes his full wife. But Shmuel says that when the Torah included the inferior form of shogegg, it was only to establish the yavam in the place of the deceased brother. Since, as an arusah, she was not permitted to eat terumah with her first husband, she is still not permitted based on the inferior form of yibum. The Gemara brings an alternative version of the machlokes.
- אשת כהן שנאנסה בעלה לוקה עליה משום זונה
Rabbah said: אשת כהן שנאנסה בעלה לוקה עליה משום זונה – If the wife of a Kohen was violated, her husband is chayav malkus if he then had relations with her because of the prohibition against a Kohen having relations with a zonah. The Gemara clarifies that this in addition to the issur of טומאה – since she is defiled to her husband. Rebbe Zeira challenged Rabbah from a Baraisa that taught: The passuk states in the parshah of sotah, "והוא לא נתפשה" אסורה – and she was not forced, - then she is forbidden to remain with her husband, but if she was forced, she would be permitted. The exclusionary word “she” indicates that there is another woman, that even if she was forced, she would be forbidden to remain with her husband, referring to an אשת כהן. Since הלאו הבא מכלל עשה עשה – a lav derived from a mitzvah aseh, is an aseh, how can Rabbah say that the Kohen husband receives malkus for having relations with her? Rabbah answered that all married women who have relations with another man, willingly or unwillingly, were initially included in the category of “zonah.” The passuk regarding a sotah permits a wife of a Yisroel who was not forced, but the wife of a Kohen remains forbidden to her husband based on her status of a zonah. Therefore, if the Kohen husband has relations with her, he gets malkus. The Gemara brings an alternative version of this ruling.
- Are forbidden relationships to Kohanim permitted to eat terumah from the time of erusin?
The next Mishnah states: In a case of an almanah to a Kohen Gadol, or a gerushah and chalutzah to a Kohen hedyot, מן הארוסין לא יאכלו בתרומה – from the time of erusin onwards, these wives may not eat terumah. Rashi explains that if she is a daughter of a Kohen, she becomes disqualified to eat terumah in our father’s house from the time he is mekadesh her. Rebbe Elazar and Rebbe Shimom מכשירין – say they are eligible to eat terumah. Rashi explains that she only become disqualified to eat terumah from the time she becomes a challalah, which results when he has relations with her.
