Search

Yevamot 32

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder
0:00
0:00



podcast placeholder
0:00
0:00



Summary

Presentation in PDF format

Today’s daf is sponsored by Belinda Kreike in loving memory of Esther Kreike, Esther Bas Yehuda Nossan Hacohen on her 8th yahrzeit on the 2nd Day of Shavout. “She is remembered fondly by her family in Manchester and Israel.”

Today’s daf is sponsored by Judy Baumel-Schwartz in honor of her daughter, Beki’s birthday! “I am constantly amazed by her enthusiasm for learning new things, and am thrilled that she has joined the Hadran Daf Yomi community. May all her dreams come true. Happy Birthday!” 

If a woman does maamar in order to subsequently fulfill yibum with her deceased husband’s brother, and then he dies, can she do yibum with a third brother? The rabbis say no as she is falling to yibum from two different men and this is not permitted. Rabbi Shimon permits as he does not view maamer as significant and therefore she is only performing yibum for her first husband. What if the husband undoes the maamar by giving a get, is she then permitted according to the rabbis or not? If two brothers marry two sisters and after the first brother dies childless, the sister married to the other brother dies. The first one’s wife cannot do yibum as she was prohibited at the time she fell to yibum. Why is this Mishna mentioned – we already learned this in the Mishna on Yevamot 30?! If one has relations with a woman who is both his brother’s wife and his wife’s sister, is he obligated on two counts or one? Rabbi Shimon says one, Rabbi Yosi holds two. But elsewhere Rabbi Yosi says one only receives one punishment even if there were two transgressions as a prohibition cannot apply when there is another prohibition already there. How can we resolve this? Two answers are brought. Rabbi Avahu holds that Rabbi Yosi only holds this way in the case of issur mosif and not in the case of issur kollel. Rava explains it differently. Is this a source of debate among tannaim as well?

 

Today’s daily daf tools:

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.

Hannah Lee
Hannah Lee

Pennsylvania, United States

I’ve been wanting to do Daf Yomi for years, but always wanted to start at the beginning and not in the middle of things. When the opportunity came in 2020, I decided: “this is now the time!” I’ve been posting my journey daily on social media, tracking my progress (#DafYomi); now it’s fully integrated into my daily routines. I’ve also inspired my partner to join, too!

Joséphine Altzman
Joséphine Altzman

Teaneck, United States

In my Shana bet at Migdal Oz I attended the Hadran siyum hash”as. Witnessing so many women so passionate about their Torah learning and connection to God, I knew I had to begin with the coming cycle. My wedding (June 24) was two weeks before the siyum of mesechet yoma so I went a little ahead and was able to make a speech and siyum at my kiseh kallah on my wedding day!

Sharona Guggenheim Plumb
Sharona Guggenheim Plumb

Givat Shmuel, Israel

Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

Susan Handelman
Susan Handelman

Jerusalem, Israel

I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Wendy Rozov
Wendy Rozov

Phoenix, AZ, United States

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

Dena Heller
Dena Heller

New Jersey, United States

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!

Pamela Elisheva
Pamela Elisheva

Bakersfield, United States

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

I began to learn this cycle of Daf Yomi after my husband passed away 2 1/2 years ago. It seemed a good way to connect to him. Even though I don’t know whether he would have encouraged women learning Gemara, it would have opened wonderful conversations. It also gives me more depth for understanding my frum children and grandchildren. Thank you Hadran and Rabbanit Michelle Farber!!

Harriet Hartman
Harriet Hartman

Tzur Hadassah, Israel

After experiences over the years of asking to join gemara shiurim for men and either being refused by the maggid shiur or being the only women there, sometimes behind a mechitza, I found out about Hadran sometime during the tail end of Masechet Shabbat, I think. Life has been much better since then.

Madeline Cohen
Madeline Cohen

London, United Kingdom

I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.

Leah Herzog
Leah Herzog

Givat Zev, Israel

Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

Nancy Kolodny
Nancy Kolodny

Newton, United States

My curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.

Diana Bloom
Diana Bloom

Tampa, United States

I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Yael Merlini

Berlin, Germany

I had never heard of Daf Yomi and after reading the book, The Weight of Ink, I explored more about it. I discovered that it was only 6 months before a whole new cycle started and I was determined to give it a try. I tried to get a friend to join me on the journey but after the first few weeks they all dropped it. I haven’t missed a day of reading and of listening to the podcast.

Anne Rubin
Anne Rubin

Elkins Park, United States

It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.

Jeanne Yael Klempner
Jeanne Yael Klempner

Zichron Yaakov, Israel

I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.

Julie-Landau-Photo
Julie Landau

Karmiel, Israel

My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Tina Lamm

Jerusalem, Israel

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

Yevamot 32

וּמִקְצָתוֹ חָלוּץ.

and part of it must be released by ḥalitza. That is, if two women were married to a single man, one of these women must enter into levirate marriage and the other must perform ḥalitza.

וְיֹאמְרוּ! אִי דִּמְיַיבֵּם וַהֲדַר חָלֵיץ — הָכִי נָמֵי.

The Gemara wonders: So let them say it. Why would it be problematic if people thought that? Even were they to act upon this mistaken assumption it would cause no harm, as there is no transgression involved in performing ḥalitza. The Gemara answers: If he were to consummate the levirate marriage with one and then later proceed to perform ḥalitza with the other, then indeed there would be no reason for concern.

אֶלָּא גְּזֵירָה דִּילְמָא חָלֵיץ בְּרֵישָׁא וַהֲדַר מְיַיבֵּם, וְקָם לֵיהּ בַּ״אֲשֶׁר לֹא יִבְנֶה״, וְרַחֲמָנָא אָמַר: כֵּיוָן שֶׁלֹּא בָּנָה — שׁוּב לֹא יִבְנֶה.

Rather, the requirement to perform ḥalitza with both women is a rabbinic decree that was instituted lest he first perform ḥalitza with one of his brother’s wives and subsequently consummate the levirate marriage with the other. Under such circumstances, he would in fact be violating a prohibition. Once he performs ḥalitza with the first woman he is subject to the prohibition indicated by the verse “So shall it be done to the man who does not build his brother’s house” (Deuteronomy 25:9). In this verse the Merciful One states that once he did not build his brother’s house but rather opted to perform ḥalitza with one of his brother’s wives, he may not proceed to build it by consummating the levirate marriage with a different wife.

אָמַר רָבָא: נָתַן גֵּט לְמַאֲמָרוֹ — הוּתְּרָה צָרָתָהּ. אֲבָל הִיא אֲסוּרָה, דְּמִחַלְּפָה בְּבַעֲלַת גֵּט.

Rava said: If the brother who performed levirate betrothal in the case described in the mishna subsequently gave a bill of divorce to that wife in order to nullify his levirate betrothal before he died, her rival wife is rendered permitted to the third brother. The third brother is allowed to consummate the levirate marriage with the wife of the second brother because this wife is no longer considered to be the rival wife of a woman with a double levirate relationship. The bill of divorce serves to nullify the act of levirate betrothal completely. However, the woman with whom the brother performed levirate betrothal and then received the bill of divorce is forbidden to the third brother. Why is this? She might be confused with a woman who receives a bill of divorce. In general cases where levirate betrothal was not performed, if a man gives a yevama a bill of divorce, he is no longer allowed to consummate the levirate marriage with her. If it were permitted to consummate the levirate marriage in this case, people might mistakenly do so in other cases of divorce as well.

אִיכָּא דְּאָמְרִי, אָמַר רָבָא: נָתַן גֵּט לְמַאֲמָרוֹ — הוּתְּרָה אֲפִילּוּ הִיא. מַאי טַעְמָא? מַאי דַּעֲבַד בַּהּ — שַׁקְלֵיהּ.

There are those who say an alternative formulation of Rava’s statement. Rava said: If the second brother gave a bill of divorce to the wife of the first deceased brother in order to nullify his levirate betrothal to her, then even she herself is permitted to enter into levirate marriage with the third brother. What is the reason for this? That which he performed with her, he removed. The levirate betrothal was completely nullified by the bill of divorce, and it is as though he had done nothing at all. Therefore, as far as the third brother is concerned, she remains with her original, single levirate bond, as though her status had never been changed by the second brother.

מַתְנִי׳ שְׁנֵי אַחִין נְשׂוּאִין שְׁתֵּי אֲחָיוֹת, וּמֵת אֶחָד מֵהֶן, וְאַחַר כָּךְ מֵתָה אִשְׁתּוֹ שֶׁל שֵׁנִי — הֲרֵי זוֹ אֲסוּרָה עָלָיו עוֹלָמִית, הוֹאִיל וְנֶאֶסְרָה עָלָיו שָׁעָה אַחַת.

MISHNA: In the case where two brothers were married to two sisters, and one of the brothers died, the widow at this point would be exempt from levirate marriage as the sister of his wife. And afterward the wife of the second brother died. Although the yevama is no longer the sister of his wife, this woman is nevertheless forbidden to him forever, since she had already been forbidden to him at one time.

גְּמָ׳ פְּשִׁיטָא! הַשְׁתָּא, וּמָה הָתָם דְּלָא מִידַּחְיָא מֵהַאי בֵּיתָא לִגְמָרֵי — אָמְרַתְּ לָא, הָכָא דְּקָא מִידַּחְיָא מֵהַאי בֵּיתָא לִגְמָרֵי — לָא כׇּל שֶׁכֵּן! תַּנָּא — הָא תְּנָא בְּרֵישָׁא, וְהָךְ חַזְיַאּ לְהֶיתֵּירָא וְשַׁרְיַאּ, וַהֲדַר חַזְיַאּ לְאִיסּוּרָא. וְאַיְּידֵי דְּחַבִּיבָה לֵיהּ אַקְדְּמַהּ, וּמִשְׁנָה לֹא זָזָה מִמְּקוֹמָהּ.

GEMARA: The Gemara asks: Isn’t this obvious? Now, just as there, in the earlier mishnayot, where there was a third brother and so the woman was not disassociated from this household completely, as the levirate obligation existed between her and the third brother to whom she was permitted, you said that she may not enter into levirate marriage because she was forbidden at one time, here, in the case of only two brothers, where she is disassociated from this household completely, is it not all the more so clear that it should be prohibited for her to enter into levirate marriage? The Gemara answers: The tanna taught this mishna at first, at which time he saw it fitting to rule that those other cases are permitted, and therefore he permitted them. And then he subsequently saw it fitting to rule that they are forbidden. And since that case was novel, it was beloved to him, he taught it earlier. But despite the fact that this mishna was no longer necessary, the mishna does not move from its place.

תָּנוּ רַבָּנַן: בָּא עָלֶיהָ — חַיָּיב עָלֶיהָ מִשּׁוּם אֵשֶׁת אָח, וּמִשּׁוּם אֲחוֹת אִשָּׁה, דִּבְרֵי רַבִּי יוֹסֵי. רַבִּי שִׁמְעוֹן אוֹמֵר: אֵינוֹ חַיָּיב אֶלָּא מִשּׁוּם אֵשֶׁת אָח בִּלְבַד. וְהָא תַּנְיָא, רַבִּי שִׁמְעוֹן אוֹמֵר: אֵינוֹ חַיָּיב אֶלָּא מִשּׁוּם אֲחוֹת אִשָּׁה בִּלְבָד!

§ The Sages taught: If he engaged in sexual intercourse with this woman who was forbidden to him, he is liable to receive punishment for violating the prohibition against marrying a brother’s wife, because she was never rendered permitted by the levirate mitzva, and he is liable to receive punishment for violating the prohibition against marrying a wife’s sister; this is the statement of Rabbi Yosei. Rabbi Shimon says: He is liable to receive punishment only for violating the prohibition proscribing a brother’s wife. Rabbi Shimon holds that one prohibition does not take effect where another prohibition is already in place, and since she was already forbidden as his brother’s wife, the additional prohibition cannot take effect. The Gemara asks: But isn’t it taught in a baraita, Rabbi Shimon says: He is liable only due to the prohibition against marrying a wife’s sister?

לָא קַשְׁיָא: כָּאן שֶׁנָּשָׂא חַי, וְאַחַר כָּךְ נָשָׂא מֵת. כָּאן שֶׁנָּשָׂא מֵת, וְאַחַר כָּךְ נָשָׂא חַי.

The Gemara answers: This is not difficult. Here, in the second baraita, it is referring to a case where the living brother married his wife first and afterward the brother who is now deceased married her sister. In that case, the first prohibition to take effect on the yevama was that of a wife’s sister, and only later, when she was married to his now-deceased brother, did the additional prohibition proscribing a brother’s wife take effect. There, in the first baraita, it is referring to a case where the brother who is now deceased married his wife first, whereby she became forbidden to the brother as a brother’s wife, and afterward the living brother married her sister, rendering her forbidden as his wife’s sister as well.

וְרַבִּי שִׁמְעוֹן, הֵיכָא דְּנָשָׂא מֵת וְאַחַר כָּךְ נָשָׂא חַי, כֵּיוָן דְּאִיסּוּר אֲחוֹת אִשָּׁה לָא חָיֵיל — תִּתְיַיבֵּם יַבּוֹמֵי!

The Gemara asks: And according to the opinion of Rabbi Shimon, in a case where the deceased brother married one of the sisters first, in which case she was forbidden to his brother as a brother’s wife, and afterward the living brother married her sister, the only prohibition in place is that of a brother’s wife. Therefore, since the prohibition with regard to a wife’s sister never took effect, then after her husband died she should now enter into levirate marriage. As the prohibition proscribing a brother’s wife is canceled in the face of the levirate mitzva, she should indeed enter into levirate marriage.

אָמַר רַב אָשֵׁי: אִיסּוּר אֲחוֹת אִשָּׁה מִיתְלָא תְּלֵי וְקָאֵי, אִי פָּקַע אִיסּוּר אֵשֶׁת אָח — אָתֵי אִיסּוּר אֲחוֹת אִשָּׁה וְחָיֵיל, וְהִילְכָּךְ לָא פָּקַע.

Rav Ashi said: The prohibition with regard to a wife’s sister remains suspended. If the prohibition proscribing a brother’s wife is terminated, the prohibition proscribing a wife’s sister comes and takes effect. Therefore, it is clear that the prohibition proscribing a wife’s sister is not completely terminated. Accordingly, when a man dies and the prohibition proscribing a brother’s wife is overridden by the levirate mitzva, the prohibition proscribing a wife’s sister takes effect and she is forbidden to him due to that. The moment the first prohibition ceases to exist, the second immediately takes effect.

וְסָבַר רַבִּי יוֹסֵי אִיסּוּר חָל עַל אִיסּוּר? וְהָא תַּנְיָא: עָבַר עֲבֵירָה שֶׁיֵּשׁ בָּהּ שְׁתֵּי מִיתוֹת — נִידּוֹן בַּחֲמוּרָה. רַבִּי יוֹסֵי אוֹמֵר: נִידּוֹן בַּזִּיקָּה הָרִאשׁוֹנָה הַבָּאָה עָלָיו.

The baraita indicates that Rabbi Yosei holds that if the brother consummated the levirate marriage with this woman he violated two prohibitions. The Gemara asks: And does Rabbi Yosei hold that a prohibition takes effect where another prohibition already exists? But isn’t it taught in a baraita: One who committed a transgression deserving of two death penalties is sentenced to the harsher of the two deaths? One would be guilty of such a transgression if he engaged in intercourse with a forbidden relative who was also a married woman, as he would incur one death penalty due to her being a forbidden relative and one death penalty due to her being a married woman. Rabbi Yosei says: He is sentenced according to the first relationship that applied to him with regard to this woman.

וְתַנְיָא: כֵּיצַד אָמַר רַבִּי יוֹסֵי נִידּוֹן בַּזִּיקָּה הָרִאשׁוֹנָה הַבָּאָה עָלָיו? חֲמוֹתוֹ וְנַעֲשֵׂית אֵשֶׁת אִישׁ — נִידּוֹן בַּחֲמוֹתוֹ. אֵשֶׁת אִישׁ וְנַעֲשֵׂית חֲמוֹתוֹ — נִידּוֹן בְּאֵשֶׁת אִישׁ.

And it is taught in a baraita: In what case did Rabbi Yosei say that he is sentenced according to the first relationship that applied to him? If this woman was his mother-in-law who was widowed or divorced, and therefore forbidden to him only due to her status as his mother-in-law, and later she married and became forbidden as a married woman and he engaged in sexual relations with her, then he is sentenced for violating the prohibition proscribing his mother-in-law, since this was the first prohibition to apply. Alternatively, if she was a married woman and then he married her daughter so that she then became his mother-in-law, and then had sexual relations with her, he is sentenced for violating the prohibition proscribing a married woman.

אָמַר רַבִּי אֲבָהוּ: מוֹדֶה רַבִּי יוֹסֵי בְּאִיסּוּר מוֹסִיף.

Rabbi Abbahu said: Rabbi Yosei concedes that a prohibition takes effect where another prohibition already exists when it is an expanded prohibition. An expanded prohibition is a prohibition that has a greater scope than the original prohibition, either because it applies with greater severity or because it applies to additional individuals. Rabbi Yosei holds that if the second prohibition incorporates additional individuals into the list of those for whom the original item is prohibited, then it takes effect in addition to the previous prohibition that had a more limited range.

תִּינַח הֵיכָא דְּנָשָׂא חַי וְאַחַר כָּךְ נָשָׂא מֵת — מִגּוֹ דְּאִתּוֹסַף אִיסּוּר לְגַבֵּי אַחִים, אִתּוֹסַף אִיסּוּר לְגַבֵּי דִידֵיהּ.

The Gemara asks: This works out well in cases where the living brother married his wife first, and her sister became forbidden to him as a wife’s sister, and then afterward the brother who was subsequently deceased married his wife’s sister. In that case it is possible to say: Since a prohibition was added for all the brothers, a prohibition was added for the living brother as well, and he is liable due to both prohibitions, as this prohibition is more wide-ranging than the previous one. In other words, at first this sister was permitted to the other brothers, and when the second brother married her she was rendered a brother’s wife and so she was additionally forbidden to the other brothers.

אֶלָּא הֵיכָא דְּנָשָׂא מֵת וְאַחַר כָּךְ נָשָׂא חַי, מַאי אִיסּוּר מוֹסִיף אִיכָּא?

However, where the deceased brother married first and afterward the living brother married her sister, in what way is there a prohibition that adds? No additional individuals were incorporated into the prohibition as a result of the marriage of the living brother with the sister, since the prohibition here proscribing a wife’s sister applies to him alone.

וְכִי תֵּימָא מִגּוֹ דְּאִיתְּסַר בְּכוּלְּהוּ אַחְווֹתָא — הַאי אִיסּוּר כּוֹלֵל הוּא.

And if you would say: Since he himself now married a sister he became prohibited to all of the other sisters, as opposed to the prior state of affairs where only his brother was married to one of the sisters and all of the other sisters were permitted to him, and therefore an additional prohibition now applies to him, this is difficult. In this case the new prohibition is not considered an expanded prohibition, but rather it is considered a more inclusive prohibition. It is more inclusive and more comprehensive in that it adds additional aspects to the prohibition for the same individual. This is not called an expanded prohibition, as it does not add prohibitions to additional individuals.

אֶלָּא אָמַר רָבָא: מַעֲלֶה אֲנִי עָלָיו כְּאִילּוּ עָשָׂה שְׁתַּיִם, וְאֵינוֹ חַיָּיב אֶלָּא אַחַת. וְכֵן כִּי אֲתָא רָבִין, אָמַר רַבִּי יוֹחָנָן: מַעֲלֶה אֲנִי עָלָיו כְּאִילּוּ עָשָׂה שְׁתַּיִם, וְאֵינוֹ חַיָּיב אֶלָּא אַחַת. מַאי נָפְקָא מִינַּהּ? לְקׇבְרוֹ בֵּין רְשָׁעִים גְּמוּרִים.

Rather, Rava said that when Rabbi Yosei stated in the baraita that the man is liable due to both prohibitions, for a brother’s wife and for a wife’s sister, he meant to say: I ascribe to him liability as though he transgressed twice, since indeed he violated two prohibitions, yet he is liable to receive punishment in human courts on only one count. And likewise, when Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: I ascribe to him liability as though he transgressed twice, yet he is liable to receive punishment on only one count. The Gemara asks: What difference does it make if we consider it as though he transgressed twice? The Gemara answers: It affects the decision whether or not to bury him among the completely wicked. Just as a righteous individual is not buried among the wicked, so too, a wicked individual is not buried among those more wicked than himself. He who violated this prohibition is considered as though he committed two transgressions and not one, and so he would be buried accordingly.

וּבִפְלוּגְתָּא. דְּאִיתְּמַר: זָר שֶׁשִּׁימֵּשׁ בְּשַׁבָּת, רַבִּי חִיָּיא אוֹמֵר: חַיָּיב שְׁתַּיִם. בַּר קַפָּרָא אוֹמֵר: אֵין חַיָּיב אֶלָּא אַחַת. קָפַץ רַבִּי חִיָּיא וְנִשְׁבַּע: הָעֲבוֹדָה! כָּךְ שָׁמַעְתִּי מֵרַבִּי: שְׁתַּיִם. קָפַץ בַּר קַפָּרָא וְנִשְׁבַּע: הָעֲבוֹדָה! כָּךְ שָׁמַעְתִּי מֵרַבִּי: אַחַת.

§ The Gemara comments that the issue of a prohibition taking effect where another prohibition already exists is taught in the dispute found in a baraita, where it was stated: With regard to a non-priest who served in some capacity in one of the Temple services, such as the burning of a burnt-offering on the altar on Shabbat, Rabbi Ḥiyya says: He is liable to receive punishment on two counts, both because he was a non-priest serving in the Temple and because he desecrated Shabbat. Bar Kappara says: He is liable on only one count. Rabbi Ḥiyya jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on two counts. Bar Kappara jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on one count.

הִתְחִיל רַבִּי חִיָּיא לָדוּן: שַׁבָּת לַכֹּל נֶאֶסְרָה, כְּשֶׁהוּתְּרָה בַּמִּקְדָּשׁ — אֵצֶל כֹּהֲנִים הוּתְּרָה. לְכֹהֲנִים הוּתְּרָה, וְלֹא לְזָרִים. יֵשׁ כָּאן מִשּׁוּם זָרוּת, וְיֵשׁ כָּאן מִשּׁוּם שַׁבָּת. הִתְחִיל בַּר קַפָּרָא לָדוּן: שַׁבָּת לַכֹּל נֶאֶסְרָה, כְּשֶׁהוּתְּרָה בַּמִּקְדָּשׁ — הוּתְּרָה. אֵין כָּאן אֶלָּא זָרוּת.

Since the matter could not be decided by tradition, Rabbi Ḥiyya began to deliberate and analyze the question logically. Prohibited labor on Shabbat was prohibited to all. When prohibited labor was permitted in the Temple for the purposes of the Temple service, it was permitted only for priests. This indicates that it was permitted for priests and not for non-priests. Therefore, when a non-priest serves in the Temple on Shabbat, there is a transgression here due to his serving as a non-priest and there is a transgression here due to his desecrating Shabbat. Bar Kappara began to deliberate in a different manner: Shabbat was prohibited to all. When it was permitted it was permitted in the Temple, so that if it was permitted for one to serve in the Temple, it was permitted for him to serve on Shabbat. Therefore, there is a transgression here only for his serving as a non-priest, since if this man were a priest his service would have been permitted. Therefore, he is not liable to receive punishment for desecrating Shabbat.

בַּעַל מוּם שֶׁשִּׁימֵּשׁ בְּטוּמְאָה. רַבִּי חִיָּיא אוֹמֵר: חַיָּיב שְׁתַּיִם. בַּר קַפָּרָא אוֹמֵר: אֵין חַיָּיב אֶלָּא אַחַת. קָפַץ רַבִּי חִיָּיא וְנִשְׁבַּע: הָעֲבוֹדָה! כָּךְ שָׁמַעְתִּי מֵרַבִּי: שְׁתַּיִם. קָפַץ בַּר קַפָּרָא וְנִשְׁבַּע: הָעֲבוֹדָה! כָּךְ שָׁמַעְתִּי מֵרַבִּי: אַחַת.

They disagreed over a similar issue as well, the case of a priest with a blemish who served in the Temple by sacrificing a public offering, which overrides ritual impurity, while he was ritually impure. Rabbi Ḥiyya says: He is liable on two counts, both for serving with a blemish and for being ritually impure. Bar Kappara says: He is liable on only one count, for serving with a blemish. Rabbi Ḥiyya jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on two counts. Bar Kappara jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on one count.

הִתְחִיל רַבִּי חִיָּיא לָדוּן: טוּמְאָה לַכֹּל נֶאֶסְרָה, כְּשֶׁהוּתְּרָה בַּמִּקְדָּשׁ — אֵצֶל כֹּהֲנִים תְּמִימִים הוּתְּרָה. לְכֹהֲנִים תְּמִימִים הוּתְּרָה, וְלֹא לְבַעֲלֵי מוּמִין. יֵשׁ כָּאן מִשּׁוּם בַּעֲלֵי מוּמִין, וְיֵשׁ כָּאן מִשּׁוּם טוּמְאָה. הִתְחִיל בַּר קַפָּרָא לָדוּן: טוּמְאָה לַכֹּל נֶאֶסְרָה, כְּשֶׁהוּתְּרָה בַּמִּקְדָּשׁ — הוּתְּרָה, אֵין כָּאן אֶלָּא מִשּׁוּם בַּעַל מוּם.

Rabbi Ḥiyya began to deliberate. Ritual impurity was prohibited to all, as it was prohibited for all individuals who are ritually impure to enter into the Temple. When it was permitted in the Temple in circumstances where the entire public was impure, it was permitted for unblemished priests. Therefore, it was permitted only for unblemished priests and not for priests with blemishes. Consequently, if that priest with a blemish served while impure, there is a transgression here due to his status as a blemished priest and there is a transgression here due to ritual impurity. Bar Kappara began to deliberate in a different manner: Ritual impurity was prohibited to all. When it was permitted in the Temple, it was permitted for all. Therefore, the only problem was that this priest was blemished, and so there is a transgression here only due to his status as a blemished priest.

זָר שֶׁאָכַל מְלִיקָה, רַבִּי חִיָּיא אוֹמֵר: חַיָּיב שְׁתַּיִם. בַּר קַפָּרָא אוֹמֵר: אֵין חַיָּיב אֶלָּא אַחַת. קָפַץ רַבִּי חִיָּיא וְנִשְׁבַּע: הָעֲבוֹדָה! כָּךְ שָׁמַעְתִּי מֵרַבִּי: שְׁתַּיִם. קָפַץ בַּר קַפָּרָא וְנִשְׁבַּע: הָעֲבוֹדָה! כָּךְ שָׁמַעְתִּי מֵרַבִּי: אַחַת.

They disagreed over a similar issue as well. This dispute is with regard to a non-priest who ate a bird sin-offering that was killed by pinching the back of its neck. It is permitted for priests to consume such an offering, but it is prohibited to consume any other bird killed in such a manner, since it was not ritually slaughtered. Rabbi Ḥiyya says: He is liable to receive punishment on two counts, both for being a non-priest who ate a priestly offering and for eating something that was not properly slaughtered. Bar Kappara says: He is liable on only one count. Rabbi Ḥiyya jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on two counts. Bar Kappara jumped up and swore: I swear by the Temple service that this I heard from Rabbi Yehuda HaNasi: He is liable on one count.

הִתְחִיל רַבִּי חִיָּיא לָדוּן: נְבֵלָה לַכֹּל נֶאֶסְרָה. כְּשֶׁהוּתְּרָה בַּמִּקְדָּשׁ — אֵצֶל כֹּהֲנִים הוּתְּרָה. לְכֹהֲנִים הוּתְּרָה, וְלֹא לְזָרִים. יֵשׁ כָּאן מִשּׁוּם זָרוּת, וְיֵשׁ כָּאן מִשּׁוּם מְלִיקָה. הִתְחִיל בַּר קַפָּרָא לָדוּן: נְבֵלָה לַכֹּל נֶאֶסְרָה, כְּשֶׁהוּתְּרָה בַּמִּקְדָּשׁ — הוּתְּרָה, אֵין כָּאן אֶלָּא מִשּׁוּם זָרוּת.

Rabbi Ḥiyya began to deliberate. An unslaughtered animal carcass was prohibited to all. When it was permitted in the Temple, it was permitted to priests alone. Since it was permitted to priests and not to non-priests, there is a transgression here due to his status as a non-priest who ate of the sin-offering and there is a transgression here due to eating an animal killed by pinching. Bar Kappara began to deliberate: An unslaughtered animal carcass was prohibited to all. When it was permitted in the Temple, it was permitted to all. Therefore there is a transgression here only for being a non-priest, since if he were a priest there would be no prohibition at all.

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete