Yevamos - Daf 111
- Rav’s holds חרשת קנויה ומשויירת קטנה קנויה ואינה קנויה
The Mishnah on Daf 110a stated that if one was married to a ketanah and a חרשת, then אין ביאת אחת מהן פוטרת צרתה – relations with one of them does not release her tzarah. The Gemara asks: כיצד תקנתן – What is the tikun for these women, meaning how can they be released from their zikahs so they can marry other men? Rav Chisda said in the name of Rav: כונס החרשת ומוציאה בגט וקטנה תמתין עד שתגדיל ותחלוץ – The yavam should marry the חרשת and then divorce her with a get, and the ketanah should wait until she reaches adulthood and then perform chalitzah. Rashi explains that he must divorce the חרשת because the chalitzah of the minor makes him forbidden to the חרשת. Rav Chisda said: You can infer from this that Rav holds under Rabbinic law, חרשת קנויה ומשויירת קטנה קנויה ואינה קנויה – A חרשת is the one who is partially acquired and partially left unacquired, and the ketanah is the one where these is a doubt whether she is acquired or not. For if one thought it was the other way around, why does Rav say that the yavam should marry the חרשת and then divorce her? She should be allowed to continue living with him, if her marriage is in doubt. For if she was fully acquired by her original husband, then she was fully acquired by the yavam. The zikah has been fully dissolved and the ketanah’s chalitzah has no effect on it. And if the חרשת was not acquired by the original husband at all, הא נכרית בעלמא היא – then she is a total stranger and is not a yevamah in the first place. Therefore, the ketanah’s chalitzah has no effect on her marriage to the yavam. Rav Sheishess brings a proof that Rav Chisda is correct.
- יבם קטן שבא על יבמה קטנה יגדלו זה עם זה
The second Mishnah states: יבם קטן שבא על יבמה קטנה יגדלו זה עם זה – If a minor yavam had relations with a minor yevamah, we wait until they grow up together until they reach adulthood. Rashi explains that there is nothing that can be done since גט קטן אינו גט – the get of a katan is not a get. In the meantime, they are permitted to live together.
- בא על יבמה גדולה תגדלנו
The Mishnah continues: בא על יבמה גדולה תגדלנו – If the minor yavam, who is above nine years old, had relations with an adult yevamah, we wait until she raises him until he reaches adulthood. The Gemara questions how the minor yavam may have relations with the yevamah, for the passuk states: "להקים לאחיו שם" – To establish a name for his brother, and he is not fit for this? Abaye answered: The passuk states: "יבמה יבא עליה" – her yavam shall come upon her, which implies, כל דהו – whatever his age is. Rava answered that the passuk is not needed to teach this, for is there any case of yibum where at the time the yevamah falls to yibum she is forbidden and later becomes permitted? That cannot be for Rav Yehudah said in the name of Rav: כל יבמה שאין אני קורא בשעת נפילה "יבמה יבא עליה" הרי היא כאשת אח שיש לו בנים ואסורה – Any yevamah to whom I cannot apply at the time she falls to yibum the passuk: her yavam shall come upon her, is considered like the wife of a brother who has children, and she is forbidden to him. If the minor yavam was not permitted to the yevamah, then he would be forbidden to her after he becomes an adult. When the Gemara suggests that perhaps this should be so, it answers that the passuk states: "כי ישבו אחים יחדו" – When brothers dwell together, which implies אפילו בן יום אחד – even a one-day old brother is eligible for yibum.
