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Week 55 - Friday - 15 December 2000

YEVAMOT: CHAPTER 10: MISHNAH 6

A boy nine years and one day old: renders her ineligible for his brothers, and the brother render her ineligible for him; but he renders her ineligible at the beginning while the brothers render her ineligible at the beginning and at the end. How so? If a boy nine years and one day old had intercourse with his yevamah -- he renders her ineligible for his brothers. If the brothers had intercourse with her, or married her by ma'amar, they gave a bill of divorce, or submitted to halitzah -- they disqualified for him.

Kehati

This mishnah discusses the case of a yavam who is nine years and one day old. The act of a minor, by Torah law, has no legal significance; the Sages enacted, however, that intercourse by a nine-year and one day old boy effects a marriage contract with the yevamah to the same extent as the ma'amar by an adult, and even the boy's ma'amar effects a partial contract of marriage.

A boy nine years and one day old renders her ineligible -- the yevamah, for the brothers -- i.e., if he had intercourse with her or married her by ma'amar, i.e., he married her with money or a document, she is prohibited to the brothers, and the brothers render her ineligible for him; but he renders her ineligible at the beginning -- the Gemara explains that if he married by ma'amar before his brothers, he renders her ineligible for the brothers, but not at the end: if his elder brother married her by ma'amar, he does not render her ineligible for his brother,

And the brothers render her ineligible at the beginning and at the end -- even if the ma'amar of the nine-year-old preceded that of his brothers, their ma'amar nevertheless renders the yevamah forbidden to him. the law that a nine-year-old renders her ineligible only at the beginning applies only to ma'amar, intercourse, however, renders her ineligible even at the end (this is the Gemara's interpretation of this mishnah, based on the assumption that there is a lacuna in the mishnah).

How so? If a nine years and one day old boy had intercourse with his yevamah -- even after the brothers had married her by ma'amar, he renders her ineligible -- the yevamah, for his brothers -- and she is forbidden to them.

If -- one of the -- brothers had intercourse with her -- the yevamah, or married her by ma'amar or they gave a bill of divorce, or submitted to halitzah -- from her, even after intercourse or the ma'amar of the nine-year-old, they disqualified for him -- they prohibited the yevamah to their nine years and one day old brother.

YEVAMOT: CHAPTER 10: MISHNAH 7

If a boy nine years and one day old had intercourse with his yevamah, and afterwards his brother who is nine years and one day old had intercourse with her -- he disqualified for him. Rabbi Shimon says, He does not render her ineligible.

Kehati

If a boy nine years and one day old had intercourse with his yevamah, and afterwards his brother who is nine years and one day old had intercourse with her -- he disqualified for him -- the second one renders the yevamah forbidden to the first, for the Sages gave intercourse by a nine-year-old the same legal status as marriage by ma'amar by an adult, and thus it is tantamount to ma'amar after ma'amar, when the marriages of both with her have effect (as taught 5:1 above).

Rabbi Shimon says, He does not render her ineligible -- the Gemara explains that Rabbi Shimon holds that it is doubtful whether intercourse by a nine-year-old effects a contract of marriage. If it does, then the first one is fully married to her by his act of intercourse, and intercourse by his brother has no legal effect; and if it does not effect a contract of marriage, then neither did the second brother effect a contract with her, and therefore he did not render her prohibited to the first one.

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