Sunday, May 06, 2007
Yevamos 3b - Question of R' Akiva Eiger - Tzaras Ervah
One of the questions that is dealt with most extensively in the achronim and really opens up the perspective of the sugya of tzaras ervah is the question of R' Akiva Eiger. He asks why do we need a pasuk of "litzror" mentioned in the braisa, to tell you that tzaras tzarasa is also exempt from yibum. The mechanics of why a tzara is exempt is that since there is an ervah (Sarah), and this co-wife is a tzaras ervah (Esther), there is no zikah to yibum when her husband (reuven) dies, therefore she (Esther) becomes a regular issur eishach ach to the yavem (shimon). So, when the other brother (Levi) does yibum to the tzaras ervah (Esther), and then Levi dies, neither this women (Esther), nor Levi's other wife (Michal) have zikah of yibum to Shimon. The reason is that since the tzarah (Esther) becomes a regular issur of eishes ach to Shimon, that was created by Reuven, so the issur eishes ach on her preceded the relationship that is making her fall now to yibum from Levi, she (Esther) becomes in her marriage to Levi, like a regular issur ervah herself to Shimon, who exempts her tzarah (Michal). Based on this logic we should not need a pasuk to tell you that a tzaras ervah exempts tzaras tzarasa, bec. every tzaras ervah becomes an ervah herself and exempts her tzara as a tzaras ervah!
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Reb Elchonon Wasserman (Kovetz Heoros 2:4) answers: The only time that the ervah of eishas ach can exempt the tzorah from yibum is when the ervah became except herself on the account of eishes ach; however, when the yevamah became exempt from yibum on the account of a different reason, resulting in there being a prohibition of eishas ach; she will not exempt the tzorah from yibum.
In the case where the two brothers were not alive at the same time, the yevamah is exempt from yibum on the account of being an eishes ach; she will exempt the tzorah, as well. A tzoras ervah is not exempt because she is an eishes ach; she is only exempt because she is a co-wife of an ervah; consequently, she becomes prohibited on the account of eishes ach, but she cannot exempt her tzorah. The Gemora requires a source to teach us that the tzorah has the ability to exempt her tzorah, as well.
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