Yevamos - Daf 8

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היקישא מדרבי יונה

The Gemara brings another reason to necessitate the passuk of עליה in order to assur an ervah in yibum. Rebbi Yona made a hekesh comparing all arayos to each other, from the passuk of "כי כל אשר תעשה מכל התועבות האלה ונכרתו" – Anyone that does one of these abominations will be cut off. Therefore, all the arayos are compared to each other, and just like אשת אח is mutar to do yibum, so too all of the other arayos should be mutar to do yibum. Therefore, we have the word עליה to teach that an ervah is assur in yibum and we compare all arayos to it. The Gemara asks that since we can compare all the arayos to אשת אח and yibum would be muta, and we are able to compare all arayos to אחות אשה and all arayos would be assur to do yibum, why do we compare them to אחות אשה? The Gemara answers that if there is a choice to go either לקולא or לחומרא, we go לחומרא. Alternatively, the Gemara answers that since אשת אח is one איסור, and אחות אשה and all other arayos are two איסורים, we compare all arayos to אחות אשה.

An ערוה itself does not need a passuk

Rava says that the word עליה is not to teach about אחות אשתו, as it is obvious that yibum would not be docheh it, as an aseh is not docheh a לא תעשה שיש בו כרת. Rather, it is to teach you that the tzarah of an ervah does not fall to yibum. Rav Ashi brings a proof to Rav from the words of our Mishnah, which states: חמש עשרה נשים פוטרות צרותיהן – Fifteen women patur their tzaros but does not mention that these fifteen women exempt themselves. This makes sense according to Rava, as the Mishnah does not need to teach this, as it is obvious. The Gemara asks, just as we say that an ervah does not need a passuk, because an aseh is not docheh a לא תעשה שיש בו כרת so too we should not need a passuk for a צרה, because we learn from the word לצרור that it is לא תעשה שיש בו כרת? The Gemara answers that we need עליה to teach that a צרה is only assur in a case of yibum, but otherwise, she is mutar.

The yevamah after yibum has the full status of a wife

Rebbe Yosi bar Chanina darshens that the word "ולקחה" – and he takes her, teaches שמגרשה בגט ומחזירה – he divorces her with a get, and he may take her back. Rashi explains that once the yavam does yibum, the yevamah is fully his wife. If he wants to divorce her, he gives her a get and does not need to do chalitzah. After he divorces her, he may remarry her, and we do not say that since his sister-in-law was permitted to him only within the context of the mitzvah of yibum, once he divorced her, she reverts to being assur as an אשת אח.

Siman – Challah. The Hekesh challah that was awarded to the אחות אשתו instead of the אשת אח, was snatched by the tzarah standing under the aleha banner, who then gave it to her yevamah friend who was divorced and about to remarry her yavam.

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Rabbi Avraham Goldhar

Rabbi Avraham Goldhar has been designing and teaching Jewish literacy courses for over thirty years. His knowledge frameworks for Biblical mastery, Jewish History, Talmudic Law & Jewish Holidays enable students of all backgrounds to better integrate Jewish concepts and learn systematically. After serving as the Educational Director of Aish HaTorah New York, Avraham launched GoldharSchool.com, Home of Big Picture Jewish Education, featuring Jewish literacy content for schools and individuals. He is the developer of the Goldhar Method, a revolutionary learning system that integrates memory into the learning process and has trained over 80,000 students, teachers and professionals. He lectures internationally on the topic of academic mastery and the solutions required to raise the bar in education. Avraham learned in Aish HaTorah, Mir, and Chaim Berlin and received his ordination under the tutelage of Rabbi Yitzchok Berkovits in Jerusalem.