Yevamos - Daf 96
- When does a minor disqualify his adult brothers from doing yibum?
The next Mishnah states: בן תשע שנים ויום אחד – A boy of nine years and one day, הוא פוסל על ידי אחין והאחין פוסלין על ידו – He disqualifies the adult brothers from taking their yevamah in yibum, and the adult brothers disqualify him from taking her in yibum. אלא הוא פוסל תחילה והאחין פוסלין תחלה וסוף – However, he disqualifies them only at the beginning whereas the brothers disqualify him at the beginning and at the end. כיצד – How so? If the minor has relations with the yevamah, he has disqualified the adult brothers from taking her in yibum. If the adult brothers have relations with the yevamah, or do maamar, or give her a get, or do chalitzah with her, they disqualify the minor from taking her in yibum. After the Gemara brings a Baraisa that contradicts the Mishnah, the Gemara emends the Mishnah to read that a minor disqualifies the brothers at the beginning with regard to an act of maamar, אבל ביאה פוסלת אפילו בסוף – but with regard to having relations, he disqualifies the adult brothers even when performed at the end. Rashi explains that the Mishnah is teaching that if he had relations with the yevamah after a brother performed maamar, the brothers are disqualified. Since the minor’s relations are considered the equivalent of an adult maamar, it disqualifies just like an adult maamar performed after a previous adult maamar disqualifies.
- When two brothers who are minors have relations with the yevamah one after the other
The next Mishnah states: בן תשע שנים ויום אחד שבא על יבמתו – If a boy of nine years and one day has relations with his yevamah, and afterwards his brother of nine years and one day also has relations with her, פוסל על ידו – the second brother disqualifies the first brother from taking the yevamah in yibum. Rashi explains that since their relations are considered the equivalent of a maamar, it is a case of maamar after maamar, where according to the Chochomim, yibum cannot be performed. But Rebbe Shimon says: לא פוסל – the second brother does not disqualify the first. Rashi explains that according to Rebbe Shimon, it is a safek whether a minor is koneh his yevamah through relations. And if he is koneh, he is completely koneh, so that the relations of the first brother fully takes effect like a marriage, leaving no room for the relations of the second brother to take effect. If a minor’s relations is not koneh the yevamah, then neither the relations of the first or second brother have any effect. Either way, the relations of the second brother has no effect at all.
- The importance of quoting a teaching in the name of the one who said it
The Gemara relates that once Rebbe Yochanan was extremely upset that Rebbe Elazar stated a teaching of Rebbe Yochanan’s without mentioning his name. After numerous attempts to placate him failed, the Gemara explains why Rebbe Yochanan was so bothered. For Rav Yehudah said in the name of Rav: What is the meaning of that which is written: "אגורה באהלך עולמים" – May I live in Your tent of the worlds? וכי אפשר לו לאדם לגור בשני עולמים – Now, is it possible for a person to live in two worlds at the same time? Rather, what Dovid HaMelech was saying was: רבונו של עולם יהי רצון שיאמרו דבר שמועה מפי בעולם הזה – Ribbono she Olam, may it be Your will that after I die, they will quote a teaching in my name in this world, because as Rebbe Yochanan said in the name of Rebbe Shimon ben Yochai: כל תלמיד חכם שאומרים דבר שמועה מפיו בעולם הזה שפתותיו דובבות בקבר – Any deceased Talmid Chochom in whose name is quoted in this world, his lips move in the grave. Rebbe Yochanan was upset that Rebbe Elazar would deny him this benefit.
