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If a childless woman's husband went overseas with her Tzarah and her husband died, the woman may not get remarried or do Yibum until she finds out if the Tzarah is pregnant. (1)
If a childless woman's mother-in-law went overseas, we are not concerned that she had a son. (2)
We are not concerned that a woman's husband who went overseas married a second wife there.
Most married women get pregnant and give birth.
Rebbi Meir is concerned for a minority.
A Katan or Ketanah may not do Chalitzah.
Rebbi Meir: A Katan or Ketanah may not do Yibum, because we are concerned that one of them will be found to be a Seris or Ailonis (who may not do Yibum). (3)
A Chazakah is not as strong as a Rov.
Rebbi Meir is not concerned for a minority of a minority.
Ze'iri: If a childless wife's husband went overseas with her Tzarah and the husband died, the wife must wait nine months to do Chalitzah. (4)
Rebbi Chanina: She may never get remarried unless she finds out that the Tzarah gave birth. (5)
If two Yevamos both testify that their husbands died, each one is forbidden to get remarried because of the husband of the other one. (6)
If one of the Yevamos has witnesses that her husband died and the other does not, the one without witnesses will be permitted to get remarried. (7)
Two Yevamos both testify that their husbands died and they do Yibum with a third brother. If the Yavam dies, they are forbidden to remarry. (8)
If one of the Yevamos has witnesses that her husband died and she has children, and the other Yevamah does not have witnesses or children, they are both free to remarry.
A BIT MORE
1. She may not get remarried because perhaps the Tzarah is not pregnant and she needs Chalitzah. She may not do Yibum because perhaps the Tzarah is pregnant and she is exempt from Yibum.
2. We are not concerned that she gave birth to a son and now the woman falls to Yibum, because perhaps she did not give birth, and even if she did, perhaps she had a daughter and not a son.
3. Chachamim: A Katan or Ketanah may do Yibum, because most people are not a Seris or Ailonis, and therefore we do not have to be concerned for that possibility. Rebbi Meir: We must be concerned even for a minority.
4. Even if she never finds out whether the Tzarah is pregnant, she may do Chalitzah after nine months. Prior to nine moths, however, she may not do Chalitzah because perhaps the Tzarah is pregnant and in such a case it is the child who permits her to get remarried, not the Chalitzah, and a child permits her to get remarried only once he or she is born.
5. This is because if we discover that the Tzarah did give birth and no Chalitzah was needed, she is valid for Kehunah. We will announce that she is valid for Kehunah, but some people might not attend the announcement and will think that a Chalutzah is permitted to marry a Kohen.
6. Each Yevamah is believed only for herself and not for her sister-in-law. Regarding the sister-in-law, we consider it as though her husband is still alive. Therefore, the sister-in-law may not get remarried because she needs Chalitzah from her brother-in-law.
7. Since the other Yevamah has witnesses that her husband died, she is free to get remarried. If one of the Yevamos has children and the other does not, the one with children will be permitted to remarry and the other one may not.
8. Rebbi Elazar says that since they were permitted to do Yibum, when their Yavam dies they may remarry.
A PREGNANT WIFE OF A KOHEN
The Rokach says that the pregnant wife of a Kohen may be under the same roof as a Mes even though she may be carrying a boy, because of a Sfek Sfeika: perhaps the child is a girl, and even if it is a boy perhaps it is a Nefel (will not survive thirty days). The Korban Nesanel asks that when a childless woman's husband goes overseas with her Tzarah and her husband died and we do not know if the Tzarah is pregnant, Ze'iri says that she may do only Chalitzah and remarry after nine months, because perhaps the Tzarah is pregnant and the child exempts her only after he or she is born. According to the Rokach, she should be permitted to remarry because of a Sfek Sfeika: it is a Safek whether the Tzarah is pregnant, and even if she is pregnant, perhaps the child will be a Nefel. The Korban Nesanel answers that the Taz says that a Chazakah is stronger than a Sfek Sfeika, since the woman has a Chazakah that she falls to Yibum. Therefore, a Sfek Sfeika cannot permit her to get remarried.
WAITING FOR THE TZARAH
If a childless woman's husband went overseas with her Tzarah and the husband died, the woman may not get remarried or do Yibum until she finds out if the Tzarah is pregnant or not. If she was originally Pesulah to Kehunah, she may do Yibum after nine months. (Shulchan Aruch EH 157:13)
If she was not originally Pesulah to Kehunah, she may not do Chalitzah, because if we find out that she is valid for Kehunah we would have to announce that fact, and perhaps some people will not attend the announcement and will think that a Chalutzah is permitted to a Kohen. The Rosh is in doubt about whether the woman may do Chalitzah if she vows not to marry a Kohen. (Beis Shmuel)
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