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THE DAFYOMI DISCUSSION LIST
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Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 061: Gezeirah Biah Rishonah
BERGMAN Mark asks:
The Gemoro (61a, on the second mishna) says that there is a gezera of Biah
Rishona because of Biah Shnia.
Why is Biah Shnia a problem?
We see from the previous mishna that being bo'el a lady who was previously
an Almono is not in itself a problem, and after Biah Shnia she is his wife
(so why is it worse than someone who was mekadesh an Almono, then appointed
as Kohen Godol, who can do nisuin)!
(I'm probably missing something simple here!)
Meir Eliezer Bergman
Manchester UK
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The Kollel replies:
The previous Mishnah merely says that if a regular Kohen already did
Eirusin with an Almanah, he may do Nisuin as well after he becomes Kohen
Gadol due to a special Gezeiras ha’Kasuv. The end of the previous Mishnah
explicitly states that even if a woman is a Shomeres Yavam and her
brother-in-law is a Kohen Hedyot, who then is appointed after her husband
dies to become the Kohen Gadol, he may not do Yibum. The Gemara explains
that this case is excluded from the special Gezeiras ha’Kasuv. In other
words, we do not see there is no problem for a Kohen Gadol to be with an
Almanah. We only see an exception in the previous Mishnah in the specific
and limited case where one already did Eirusin with a woman before becoming
a Kohen Gadol. (The Ritva even asks that the second Mishnah doesn’t even
seem necessary once we have the first Mishnah.)
All the best,
Yaakov Montrose
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