Yevamos - Daf 101
- הכה זה אחר זה וקילל זה אחר זה או בבת אחת
The Gemara continues discussing the implications of a child where there is a safek which of two men is his real father. It was taught in a Baraisa: הכה זה וחזר הכה זה – If he struck this one and then struck that one, or he cursed this one and then cursed that one, or he cursed them בבת אחת – at the same time, or he hit them at the same time, he is chayav misa, for one of them is certainly his father. Rebbe Yehudah says: בבת אחת חייב בזה אחר זה פטור – If he strikes them simultaneously, he is chayav, but if he does so one after the other, he is patur. Rashi explains that according to Rebbe Yehudah, there were two warnings and each one is a התראה ספק – an uncertain warning and therefore he is patur. The Tanna Kamma, however, holds that התראה ספק שמה התראה – an uncertain warning is considered a valid warning, since it is clear in the end, even though the two men were struck at separate times, that a capital offense has been committed. The Gemara brings another Baraisa, that teaches that Rebbe Yehudah holds even if they were struck and cursed at the same time, he would be patur and explains that there is a machlokes Tannaim on what Rebbe Yehudah held. Rebbe Chanina said that Rebbe Yehudah’s reason for saying he is patur even if they were struck or cursed at the same time is based on a hekeish of “blessing” Hashem and “blessing” parents. מה למעלה שאין בו שותפות אף למטה שאין בו שותפות – Just like “blessing” the One Above involves no pairing, so too “blessing” parents below involves no pairing. ואיתקיש הכאה לקללה – And there is a hekeish between striking and cursing.
- Chalitzah can be performed before a panel of laymen who can dictate the instructions
The opening Mishnah of the twelfth perek states: מצות חליצה בשלשה דיינין ואפילו שלשתן הדיוטות – The mitzvah of chalitzah is performed before a panel of three judges, and even if all three are laymen. The Gemara explains that this means that even though they can be laymen, דבעינן בשלשה שיודעים להקרות כעין דיינים – that we require three laymen who know how to dictate to the yavam and yevamah the pessukim they must recite, like judges. The Gemara brings a Baraisa that teaches that Rebbe Yehudah argues with the Tanna Kamma and holds that five laymen are required. The Gemara continues with an extensive discussion regarding where the Tanna Kamma and Rebbe Yehudah learn that laymen are valid and for the source for each position regarding the number of laymen required.
- Rebbe Yehudah’s source that laymen are valid to preside over a chalitzah
The Gemara suggested that Rebbe Yehudah’s source that laymen are valid is from the passuk in the parshah of chalitzah, "לעיני הזקנים" – to the eyes of the elders, which teaches, פרט לסומים – which excludes blind men. Since a passuk is needed to teach that blind men are excluded, it can be inferred that laymen are valid, for if only judges on the level of the Sanhedrin were valid, why would it be needed to teach that blind men are excluded? For Rav Yosef taught, כשם שבית דין מנוקים בצדק כך בית דין מנוקים מכל מום – Just as the members of Beis Din must be clean in terms of integrity, so too they must be clean in terms of blemishes, as the passuk states: "כלך יפה רעיתי ומום אין בך" – You are completely beautiful, my friend, without any blemish in you. The Gemara comes to reject this source, for the passuk of "לעיני" is required for what Rava taught, that the judges must see the spittle coming from the mouth of the yevamah when she spits before the yavam, as the passuk states: "לעיני הזקנים...וירקה" – to the eyes of the elders…and she shall spit. The Gemara concludes that Rebbe Yehudah’s source is derived from the passuk, "ישראל" which implies ישראל כל דהו – any member of Yisrael may oversee a chalitzah.
