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This is from second seder…
I feel like there’s a long Tosfos on this in the middle of Yevamos.
???? ????? works ?????; in the current situation, there is no way of avoiding the ???.
???”? the other cases.
???? ????? is still a ??????? in the ???, though, so you can’t learn it out.
I have a completely unrelated question, if I can interject here for one minute, especially since you mention chalitza and yibum.
I have a friend whose son was killed in a car crash last week, l”y. It is reported that he was in the first year of marriage, but until I got be menacham avel, I don’t know if the wife’s expecting or if there was time for her to already have a baby, but still, I was talking with my daughter about these mitzvos and we were wondering if chalitza is required from each brother or does one suffice? If only one suffices, how does one decide which one – the next oldest in the family? What if he’s unwilling?
If anybody has any answers, I’d be interested to hear. I’ve not heard of these issues coming up too often in our times although I’m sure they do, so I never had a chance to ask the questions.
its a veiz on the shvachkeit of the lav. a lav thats yeshnun bi’shailah is a shvachere’ lav, so thats why its shayich dechiya. ma she’ein kein a reg lav is lesah bi’shailah so it wont have dechiyah.
Yitayningwut,
I don’t disagree that the assumption is that the Torah wants to avoid issur, but here we’re not avoiding issur, we’re removing the cause of the issur (the neder).
This is not a metziusdik’e chiluk, as you say; it’s a lomdish’e chiluk.
Nechomah,
Only one is necessary. If the oldest doesn’t do it, another one can. May Klal Yisroel be spared from tragedy.
Anyway, Toi is right. Because it doesn’t always apply, it’s a weaker Lav. R’ Schachter spoke about this Sugya in a Shiur last year (I think it was given last yeas; I heard it last year on YUTorah). Someone asked something similar to your question but I don’t remember if R’ Schachter addressed it.
DY – Amen
Does the widow get to choose which brother if they’re multiple — otherwise who chooses? And if one brother wants to marry her while another wants to do chalitza, does the one who wants to marry always prevail? If she doesn’t want to marry him can he still force her to marry him by refusing chalitza?
yit- shtussim (if we’re going yeshivish we can be sharf too). You cant dahn any shvachkeit in the asei. there is no veiz from the lav. ken zein the asei is punkt as shtark as any other.
nechoma- if I remember correctly, you start with the oldest brother and yo ugo down the line- in other words, of one brother declined ,the othets CAN make yivum. However, if one brother jumps in and gives chalitza, she is free.
But any brother that wants yibum takes precedence over any that want to do chalitza, correct?
But any brother that wants yibum takes precedence over any that want to do chalitza, correct?
Sure. All you need is a time machine to take you back to the time when we did yibum.
shmel(and popa)-yibum has priority over chalitza although obviously today we only do chalitzah .Amongst the sefardim , yibum was practiced until very recently-so the time machie may not have to go far….
Huh, popa. We Sefardim need no time machine, as we still practice yibum today.
Chacham Ovadia Yosef shlita encourages yibum over chalitza. (Even though the zionist chief rabbis made a rule against it, that he said is meaningless.) And there are multiple stories of yibum occuring in Eretz Yisroel.
yitay, keep in mind that She’ila doesn’t help after the Nazir finished
his Nezirus. Only according to Rebbe Eliezer, that holds that a Nazir
keeps all his Halachos until his Taglachas, can he be Shoel at that
stage. The Gemara in Shavuos says this.
Yeshno Besh’ila means that it has an inborn element of Dechiya.
shmoel- wow! I knew that thet sefardim practiced yibum until fairly recently but are they still doing it??
Yup.
I don’t really get the problem, as yit is saying. The ability for an aseh to take precedence over a lavv is based on the aseh having greater status. A weaker aseh would not have this ability and the rule wouldn’t apply. But a weaker lavv would forsure get pushed by an aseh.
I still don’t understand how ???? ????? answers the question – your tayneing that ???? ????? is a shvachkayt in the lav, and therefore it is easier for the asei to get around it.
a) The asei is also shvach, because the same she’aile can stop the chiyuv to be megaleach? So why can’t you compare to a normal case where the asei and lo saseh are equal?
b) Even after the chiluk, if sof kol sof you have a way out that you are not forced to be oiver on the lo sasei to be mekayem the asei, then you would have to do that, which in this case means being shoel on the nezirus?
I think using what Halevi is saying, that there is a time when she’aile cannot be used, you can answer the second question – sometimes b’poel it is takah not shayich to pater yourself, but it is still a shvachkeit in the lav that it was made with a self-destruct mechanism.
(It might also answer the first question, because in the lo saseh is shayech shelah, but in the aseh – to be megaleach – en hochi nami it is shayich to be shoel and STOP the aseh from coming, but once the chiyuv is chal there is no way out because by then the nazir will have finished the nezirus (Apparently a gemoro; I know nothing about nezirus)
{So yitaningwut – what Halevi said is quite relevant because I don’t understand your tirutz besides for that.}
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