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When a man remarries and divorces his ex-wife, does she become forbidden to him as an eshes ach, or is it merely a prohibition like chayiv lavan? The shiur analyzes whether the tumah mentioned in the Torah (תורה) creates a full eshes ach status requiring chalitza or just an issur, and whether the tzara is consequently permitted through yibum or also requires chalitza.
This shiur provides an in-depth analysis of Yevamos 11b, focusing on the case of machzir gerushaso (one who remarries his divorced wife) and the resulting halachic status of both the divorced woman and her tzara (co-wife). The central issue is whether the prohibition on the divorced wife creates a status of eshes ach (forbidden as a brother's wife) or whether it is merely a lav (negative commandment) similar to other prohibitions. The Gemara (גמרא) discusses the fundamental machlokes between the Chachamim and Rebbe Yosi ben Kipper regarding when the prohibition of machzir gerushaso takes effect—whether from erusin (betrothal) or only from nisuin (marriage). The shiur examines how this affects the question of whether the word "tumah" written in the Torah (תורה) applies specifically to the divorced woman herself or is merely derived through ein mikra yotzei midei peshuto (the literal meaning of the verse can still teach additional laws).
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Yevamos 11b
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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.
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