Yevamot 53 - April 29, 28 Nissan

Study Guide Yevamot 53

If one performed chalitza and then betrothed her, Rabbi Akiva holds the betrothal is ineffective, the rabbis hold it is effective and Rabbi Yehuda HaNasi holds that it depends on whether he betrothed her for the purposes of marriage or yibum, as betrothal for purposes of yibum is effective only because of the zika, which in this case no longer exists. After two explanations were brought for the debate between Rabbi Yehuda HaNasi and the rabbis at the end of Yevamot 52b, there are another four explanations. Each one explains the case in which they disagree a little bit differently. The Mishna had shown that if chalitza or intercourse was the first action taken, there would be nothing after that. However the language of the concluding sentence there only discussed chalitza, not intercourse. The Gemara questions this point and brings two answers. Several lines in the Mishna are compared to other tannaitic or amoraic positions in an attempt to either say our Mishna is not in accordance with that opinion or to say that it can provide support for a particular opinion. A number of these suggestions are rejected as they were based on a misreading and misunderstanding of the Mishna. Questions are also raised on parts of the Mishna that seem unnecessary. They seem to have been placed in the Mishna for stylistic purposes - to bring cases that are parallel to each other. Regarding the debate in the Mishna about intercourse - whether weakened intercourse (one that comes after maamar or get) is effective completely or not, there is a third opinion on the topic. The reasoning of each of the three opinions is explained. Yibum is effective even if any one of the sides performed it unwittingly or under duress. It is effective whether one engaged in the initial stages of intercourse or completed it. The same holds true for all cases of forbidden relations. The Gemara questions the language of the Mishna "even if he performed it unwittingly and she did it intentionally" - why the language "even"? What does it mean "under duress"?