No community start suggestion yet.
Why can't a katana (minor) whose husband dies fall to yibum if she might become an aylonis (barren woman)? Tosfos raises the problem: if the husband accepted her as an aylonis (kibeil aleha), the kedushin may be valid, creating a safek whether the yevama is truly eshes achiv. The shiur examines when such acceptance (kabbalah) must occur, how mekach ta'os applies when discovering she is an aylonis, and whether this creates a double-doubt (sfeik sfeika) permitting yibum.
The shiur analyzes a complex Tosafos (תוספות) on Yevamos 2a discussing the case of a katana (minor) who cannot fall to yibum because she might become an aylonis (a woman incapable of bearing children). The Gemara (גמרא) states that a katana cannot undergo yibum because perhaps she will turn out to be an aylonis, and an aylonis is excluded from yibum per the verse "asher lo yihyeh lo ben" – she is not truly an "eshes ach" since such a marriage is fundamentally void (kedushei tos). If the yavam were to perform yibum in such a case, he would be living with someone who is actually just "eshes ach she'lo b'makom mitzvah (מצוה)." Tosafos brings a proof from a different sugya in the Gemara regarding whether one can be put to death based on a rov (majority). The case involves someone who was mezaneh (committed adultery) with a katana who was married. The concern is that perhaps she will turn out to be an aylonis, which would mean the original kedushin was kedushei tos (mistaken kedushin), and therefore the man was not actually committing adultery with an eshes ish. The Gemara resolves this by stating that the case is where the husband was "kibeil aleha" – he accepted her even as an aylonis. This acceptance (kabbalah) validates the kedushin even if she turns out to be an aylonis, thus the man who committed adultery can indeed be executed.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Yevamos 2a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
Why does the Gemara present a kal v'chomer for chuppah making kiddushin based on kesef not being maichel b'terumah, only to reject it? The shiur reveals that even the rejected kal v'chomer establishes a fundamental yesod: kiddushin is a kinyan for ishus (marital relationship), not merely a kinyan in hilchos kinyanim. The second kal v'chomer—from chuppah being gomeres—raises Tosafos's famous question.
Is the kesef used in kiddushin a true kinyan (acquisition), or merely a symbolic means of establishing marriage? The shiur analyzes multiple interpretations of the Gemara's derivation from ki yikach ki'ach mi'Sayeffron, exploring whether marriage constitutes ownership, and develops three fundamental approaches: (1) The Gemara proves ishus is a kinyan, (2) ishus is not a kinyan but uses kinyan-like means, or (3) ishus is a kinyan but the kesef may not be a ma'aseh kinyan. The Rambam's position—calling kesef "midivrei sofrim"—is explained as distinguishing between cross-referencing concepts versus borrowing terminology.
Why does the Mishna alternate between the language of "kinyan" (acquisition) and "kiddushin" (sanctification) when describing marriage? The shiur develops a fundamental distinction: marriage has two separate aspects—a kinyan dimension (ownership) and a kedusha dimension (sanctified relationship). Either aspect can initiate the bond, and understanding this dual nature resolves multiple textual and halachic questions throughout the sugya.
Does kiddushei shetar require a shevah pruta? The Ran presents two approaches to the Rif's position. The shiur develops the Ran's second pshat that shetar kiddushin functions as a hachnah (exchange) rather than a mere kinyan nesina. This reading has profound implications for isuri hana'ah, mechubar, and the relationship between kesef and shetar.
