Talmud Jerusalem
Talmud Jerusalem

Commentary for Yevamot 13:1

אתייא עובדא קומי ר' יוסי אמר יבדקו דדיה. מה כרבי יודה דרבי יודה אמר עד שירבה שחור. והוא דאמר רבי יהושע בן לוי אין בין ימות הנערות לימות הבגרות אלא ששה חדשים בלבד. ואמר ר' אבהו בשם ר' יוחנן אין עושין מעשה. הדא דתימר בתוך הזמן. אבל לאחר הזמן עושין מעשה. ברם הכא ספק רבה שחור ספק לא רבה שחור כופו אני ליתן גט. רבה השחור אינו נוגע בגט:

this thing. They said, "It is written (Leviticus 27:34), 'These are the commandments that God commanded Moshe' - these are the commandments that we were commanded from the mouth of Moshe, and thus did Moshe say to us, 'No other prophet will introduce something to you from now [on].'" They did not move from there - they gave and took on the matter - until the Holy One, blessed be He, enlightened their eyes, and they found it to be written in the Torah and the Prophets and the Writings: That is that which is written (Exodus 17:14), "And the Lord said to Moshe, 'Write this as a memorial in the book' - 'this' is Torah, as you would say (Deuteronomy 4:44), 'This is the Torah that Moshe placed in front of the Children of Israel'; 'memorial' is the Prophets[, as there one finds] (Malachi 3:16), 'and he wrote a book of memorial in front of Him for those that fear the Lord, etc.'; 'in the book' is the Writings[, as there one finds] (Esther 9:32), 'And the word of Esther confirmed these matters of Purim, and it was written in the book.'" Rav and Rabbi Chaninah and Rabbi Yochanan and Bar Kapara and Rabbi Yehoshua ben Levi said, "This Megillah (The Book of Esther) was given to Moshe from Sinai, however there is no [chronological sequence] in the Torah." Rabbi Yochanan and Rabbi Shimon ben Lakish [disagreed about the following matter]: Rabbi Yochanan said, "The Prophets and the Writings will be nullified in the future but the Five Books of the Torah will not be nullified in the future. What is the reason? [Because it is written,] 'a great voice that did not cease' (Deuteronomy 5:19)." Rabbi Shimon ben Lakish said, "Also the Megillah of Esther and the Laws (<i>halakhot</i>) will not be nullified in the future; it states here, 'a great voice that did not cease' and it states later (Esther 9:28), 'and their memory did not cease'; the Laws, [as it is written,] 'His ways (<i>halikhot</i>) are forever' (Habakuk 3:6)." Rabbi Levi [said] in the name of Rabbi Shimon ben Lakish, "The Holy One, blessed be He, foresaw that Haman, the wicked, would weigh silver [as a bribe against] Israel. He said, 'It is better that the silver of My children should precede the silver of this wicked one.' Therefore we precede [before Purim] and read Parshat Shekalim (literally the section [in the Torah] of weighing [silver])." Rabbi Abahu [said] in the name of Rabbi Elazar, "[It is written,] 'in each and every year' - there is a comparison of a year that is intercalated to a year that is not intercalated: just like [in] a year that is intercalated, Adar is next to Nissan, so too in a year that is intercalated, [the month of] Adar is [observed] next to [the month of] Nissan." Rabbi Helbo said, "[It is] in order to make a redemption next to a redemption." Rabbi Levi [said] in the name of Rabbi Chama bar Chaninah, "That year was an intercalated year. What is the reason? [Because it is written,] 'from day to day, from month to month, to the twelfth month, which is the month of Adar' (Esther 3:7)." Is the first Adar an addition [or] is the second Adar an addition? What is [the difference] between them? The two lambs [sacrificed on Shavouot (since they must be no more than a year old)]: if it was born on the fifteenth of Adar in a year that was not intercalated and that is [followed by] a year that is intercalated, if you say the first Adar is an addition, it is an extended year; if you say the second Adar is an addition, he only has until the fifteenth of the first Adar. Rabbi Eyebi bar Nagri said, "A teaching says like this, [that] the first Adar is an addition.

Shulchan Arukh, Even HaEzer

One who engages an orphaned minor, or a minor released from her father's domain, when she can perform miyun and all her laws will be explained in Siman 154. Rem"a: And see later on Siman 169 who is believed regarding a male and female minor if they [later] grew up. If it was doubtful if they were minors or not, it is a doubtful Kiddushin . Beit Din is able to stop from marrying the minor, just like her mother and her brothers have this right, and they are able to put conditions [on the marriage] that if she does miyun , she will lose all that is hers. But they don't have the right to marry off the minor ( Nimukei Yosef Perek Cherech ). And see later beginning of Siman 155.
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Shulchan Arukh, Even HaEzer

A ketana [girl less than 12 years and a day old] who does not have a father, or she has a father but her father had married her off and she became a widow or she was divorced while still a ketana, and thus she becomes like an orphan in her father's lifetime for he has no authority over her anymore, and she is married off with her permission, since her marriage is only on a rabbinical level, if she does not like her husband, she does not need a get [bill of divorce] from him, but rather she can leave through [the law of] me'un [where she can simply denounce the marriage]. But if she was married off without her permission, or even if it was with her permission, but she didn't know to keep her marriage, she doesn't even need me'un. Rem"a: Ideally the court should make sure not to allow the marriage of an orphan ketana when it seems it will end in me'un. And we can only judge this according to what we can see (Hagahot Maimoni perek 11 in the name of R"Y).
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Shulchan Arukh, Even HaEzer

What is [a case of] a ketana [a girl less than 12 and a day] who must do a me'un [i.e. refusal of marriage which allows her to leave her husband when she is married off as a ketana]? From 6 years old until 10 years old, we examine her according to her intellectual abilities, if she knows [that she must] guard her marriage, and that when she is married, that the guarding is not like the guarding of a nut or date or similar, that is [a case where] she needs to perform me'un. But if she does not know to guard her marriage, she needs not me'un, but rather she can leave to her mother's house, as if she were never married. Less than 6, even if her sense of understand is great, and she knows to guard, she does not need me'un. More than 10, even if she is very dumb, she needs me'un. Rem"a: Some say that all this is only when she is married off by the permission of her brother and mother, but if she was married off without their permission, she does not need me'un [to go free] (Hagahot Alfasi perek Bet Shammai). Some say that if she is already past toddler's age, she needs to do me'un (Bet Yosef in the name of the Ritva).
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