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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.
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Yevamos 2a
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