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YEVAMOS 37

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12th CYCLE DEDICATIONS
 
YEVAMOS 37-40 - Dedicated by Andy & Nancy Neff in memory of Leah Miriam bat Yisroel -- Lucy Rabin. Beloved mother of Nancy Neff, Valerie, Doug and Andy Rabin, and wife of Sidney Rabin, Lucy Rabin was Nifteres last Thursday (14 Sivan).

SUMMARY

If a Kohen marries a woman who is pregnant or nursing, he must divorce her even though it is forbidden for him to remarry her after the 24 months are up. (1)
 
Rav Acha: If a man marries a woman within three months of her being widowed or divorced, and he subsequently runs away, we put him into Cherem. Rafram: We do not require him to divorce her. (2)
 
If the Yavam performs Yibum and the Yevamah gives birth, and there is a doubt about whether the baby is a nine-month baby and the father is the deceased brother, or whether it is a seven-month baby and the Yavam is the father, the Yavam must divorce her and they must bring an Asham Taluy. (3)
 
If a Yevamah performs Yibum and then gives birth nine months after the death of her husband, that child is legitimate and is fit to be a Kohen Gadol (if the Yavam is a Kohen). Any subsequent child born from that union, however. Is a Safek Mamzer. (4)
 
Although a Safek Mamzer may not marry an ordinary Jewess, the Tana'im disagree about whether he may marry a Safek Mamzeres or a definite Mamzeres.
 
Hillel stated that ten different types of lineages went up to Eretz Yisrael from Bavel, and they are all permitted to intermarry with each other. (5)
 
Rebbi Eliezer ben Yakov says that a person may not marry one woman in one country and another woman in another country, because perhaps a son of one of them will marry the daughter of the other. However, a famous Rav may do so since the children of such Rabanim are well-known.
 
After a woman receives a proposal for marriage, she must count seven clean days before marrying because of the possibility that she saw blood as a result of the excitement. (6)
 
Rebbi Eliezer ben Yakov says that a person may not live with a woman whom he intends to divorce.
 
If a Yevamah performs Yibum and then gives birth nine months after the death of her husband, the lineage of the child is a Safek, and the child splits the inheritance of the deceased brother together with the Yavam. (7)
 
If the Safek and the Yavam split the inheritance of the deceased brother, and upon the death of the Yavam the Safek makes a claim on the inheritance of the Yavam, there is a dispute between the Amora'im whether it is a valid claim. (8)
 
If a person has a field that is surrounded by four fields, and he owns the right to a path in one of those fields but he does not remember which one of the fields, there is a dispute between the Tana'im about whether he is entitled to a path in one of the fields. (9)

A BIT MORE

1. A Kohen may not marry a divorcee. Even though a Kohen who marries a Yevamah whose child died within thirty days may stay with her and we do not require her to get Chalitzah, in this case we require him to divorce her. The reason we are lenient in that case is because according to the Rabanan the child is not regarded as a Nefel and therefore no Chalitzah was required.
 
2. Rafram maintains that since he ran away, it is obvious that he had no intention to marry her until the 24 months had passed, and therefore he is not required to divorce her.
 
3. If the Yevamah gives birth nine months after the death of her first husband, there is a doubt about whether the father is the first husband or the Yavam. Since most women give birth in the ninth month, the likelihood is that the first husband is the father and thus she is forbidden to the Yavam, and they should have to bring a Korban Chatas, not an Asham Taluy. The Gemara explains that the reason why they do not bring a Chatas is that the Yevamah was not visibly pregnant by the end of three months from the death of her husband, and therefore there are strong grounds to believe that it is a seven-month baby. Hence, it is regarded as a genuine Safek and they bring an Asham Taluy.
 
4. The first child is legitimate because if the father is the deceased husband, then even though the Yevamah was forbidden to the Yevamah, the child was not born from that forbidden relationship and thus his status is not affected. If the father is the Yavam, then it turns out that the Yevamah was permitted to the Yevamah and any child born from that union is legitimate.
 
5. Hillel maintains that a Safek Mamzer is permitted to marry a Safek or definite Mamzeres. The ten types of lineages are Kohen, Levi, Yisrael, Chalalim, Gerim, freed slaves, Mamzerim, Nesinim, Shetuki, and Asufi. Hillel is not saying that all ten may marry into each other; rather, he is saying that the Mamzerim are permitted to marry a Shetuki or Asufi, who are Safek Mamzerim.
 
6. Although the Rabanan married women during their travels and did not wait seven days prior to living with them, that is because they sent agents at least seven days prior to their arrival to notify the women of their intention. Alternatively, the Rabanan did only Yichud (seclusion with them) and nothing more.
 
7. If the Yavam already died and the sons of the Yavam are making a claim on the property of the deceased brother together with the Safek, the Safek takes the portion that the sons of the Yavam acknowledge to be his, and the remainder of the property is split equally between the Safek and the sons of the Yavam.
 
8. Rebbi Aba says in the name of Rav: It is too late for the Safek to make any further claims, and he does not get a share in the property of the Yavam. Rebbi Yirmeyah: It is not too late to make a claim, and even though he already took half of the inheritance of the deceased brother, he may now make a new claim. His claim will be: "If I am the son of the deceased brother, then give me the entire inheritance of that brother, and not just the half that I already received. If you refuse because you claim that I am the son of the Yavam and not the son of the deceased brother, then give me an equal share of the inheritance of the Yavam."
 
9. If the four fields are owned by four separate people, he loses his rights to the path and he must purchase a new one. If all four fields are owned by the same person, the owner must give him a path, but he may give him the shortest path to his field. If the four fields are owned by the same person, but he bought them from four separate people, according to Admon the owner must give him a path, and according to the Rabanan the owner may say to him, "Either buy a path from me for a reasonable amount of money, or I will return the purchase documents to the original owners and then you will have no claim to a path at all."

BRIEF INSIGHT

WHEN MUST THE MAN WHO RUNS AWAY RETURN
 
If a man marries a woman who is pregnant or who is nursing someone else's child and he runs away, according to Rafram we do not require him to divorce her. The Rosh says that he may run away after the Kidushin even l'Chatchilah in order to get out of divorcing her. Similarly, someone who marries a woman who is pregnant or nursing may run away to get out of divorcing her. However, he must run far enough away so that by the time he returns, the three or 24 months have already passed. Otherwise, if we would simply allow him to run to the next town after he defies the dictates of the Sages, the decree of the Sages not to do Kidushin within three months of a woman's divorce or within 24 months for a pregnant or nursing woman would be rendered meaningless.

QUICK HALACHAH

ONE WHO TRANSGRESSES AND MARRIES A PREGNANT OR NURSING WOMAN
 
If a man transgresses the prohibition of marrying a pregnant or nursing woman, we excommunicate him unless he runs away, and he must divorce her with a Get, even if he is a Kohen. (Shulchan Aruch EH 13:12)
 
Although if he runs away he does not have to give her a Get, it is not proper to run away as a method of avoiding giving her a Get. However, if he had done only Kidushin but had not yet married her, the Rambam maintains that even l'Chatchilah he may run away. (Chelkas Mechokek)

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