Tuesday, May 15, 2007

Yevamos 13a - Tzaras Tzara: Rav Ashi

The gemara is looking for a source for tzaras tzara (acc. to rashi - see tosafos 2a that we are looking for a source for tzaras tzaras tzara....). Rav Ashi says that just as the tzara is bemakom the ervah, so too the tzaras tzara is bemakom the ervah. Rashi on the mishna 2b (and also 8b d.h. im kein) seems to understand that since the ervah exempts her tzara, the tzara is herself an eishes ach not b'makom mitzvah, therefore she herself is an ervah of eishes ach which will assur the tzaras tzara. However, R' Elchonon (siman 3:15) explains that the pesukim teach us that b'makom mitzvah the tzarah herself becomes assur with the same issur as the ervah. If the ervah is a daughter, then the tzara of a daughter will be like a daugher in regard to the exemption from yibum. It is not the issur of eishas ach that exempts the tzaras tzara, but rather the original ervah of bito.
The approach of r' elchanan assumes that there would not be an issur eishes ach placed on the tzaras ervah since she fell b'yibum, and there would only be an issur of "bito". This would answer why we need a source for tzaras tzara (either a pasuk or sevara) and we don't simply say that a tzaras tzara is really just a tzaras ervah of eishes ach. We would have thought that the issur of bito becomes diluted and can't pass on to tzaras tzarah, and therefore we need either a pasuk or sevara to be mechadesh that it does.

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