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Yevamos 061: Gezeirah Biah Rishonah
BERGMAN Mark asked:
>>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!)<<
The Kollel replied:
>>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.)<<
---
BERGMAN Mark <[email protected]> asks:
To clarify my question:
Is it not also the case that if a regular Kohen was fully married to an
Almanah, he may stay married to her after he becomes Kohen Godol.¦nbsp;
Where do we know this from?¦nbsp; Is this same special Gezeiras ha’Kasuv
also required for this case?
(I would then have thought that since after Yibum, the almonoh is his full
wife, biah shniah should be the same as this case)
Meir Eliezer Bergman
Manchester UK
----------------------------------------------
The Kollel replies:
While I did not see anyone discuss this point, I would think that the
Gezeiras ha’Kasuv is indeed needed for the case when they are already
married. This Gezeiras ha’Kasuv is teaching us that he may “take his wife,”
meaning that he may only marry an Almanah who is deemed to be his wife. Kal
v’Chomer he may stay with his wife! However, a Shomeres Yavam is clearly
not as strong as a relationship as Erusin or Nisuin, and therefore is
totally excluded from the Gezeiras ha’Kasuv without any Heter for Biah
Shniah.
All the best,
Yaakov Montrose
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