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YEVAMOS 41

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CHALITZAH WITH A PREGNANT YEVAMAH
 
Rebbi Yosi says that a Yevamah may not do Chalitzah within three months of her husband's death. Since she may not do Yibum because of the possibility that she is pregnant, she also may not do Chalitzah. This is because only a Yevamah who is eligible for Yibum is eligible also for Chalitzah. The Tosfos Yeshanim asks that Yibum is forbidden with a pregnant woman because of the possibility that the child will survive and the Mitzvah of Yibum will not apply, and yet Rebbi Yochanan maintains that the Chalitzah of a pregnant woman is a valid Chalitzah. The Tosfos Yeshanim answers that Rebbi Yochanan acknowledges that l'Chatchilah it is forbidden to do Chalitzah with a pregnant woman, but b'Di'eved if she miscarries, it turns out that she was eligible for Yibum all along. Therefore, Rebbi Yochanan rules that the Chalitzah is valid b'Di'eved.

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THE SUPPORT OF A YEVAMAH
 
A Yevamah is supported from the estate of her husband for the first three months, and her income is given to the Yavam. Beyond the first three months she does not receive support from the husband or from the Yavam. If the Yavam was instructed by Beis Din after three months and instructed to do Yibum or Chalitzah and he agreed to do Yibum, but then something unavoidable prevented him from doing so (for example, he became ill, or was forced to run away), he is obligated to support the Yevamah and she does not have to take an oath. (Shulchan Aruch EH 160:1)

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