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YEVAMOS 42

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12th CYCLE DEDICATIONS
 
YEVAMOS 42 (28 Sivan) - dedicated in memory of Hagaon Rav Yisroel Zev [ben Avrohom Tzvi] Gustman ZT'L (author of "Kuntresei Shi'urim" and renowned Dayan of pre-war Vilna) on his Yahrzeit, by a student who merited to study under him.

SUMMARY

A Yevamah who did Chalitzah may remarry three months after the death of her husband, and she does not have to wait until three months after the Chalitzah.
 
Rav: A woman who is divorced may not remarry until three months after the Get was received. Shmuel: She may remarry three months after the Get was written. (1)
 
A woman must wait three months before remarrying so that if she gives birth in the seventh month after she is remarried, we will know who the father is.
 
A couple that is becoming Gerim together must separate for three months after the Gerus so that if she gives birth after the Gerus we will know whether the child was conceived as a Jew or as a Nochri.
 
Rava says that a woman must wait three months before remarrying so that the son who is born in the seventh month after she is married does not end up marrying his sister from the father or doing Yibum with the wife of his brother from his mother, and so that he does not erroneously exempt his mother from Yibum, or erroneously exempt the wife of his brother from Yibum or Chalitzah. (2)
 
Even according to the opinion that a woman who gives birth in the ninth month does not give birth until the end of that month, a woman who gives birth in the seventh month does give birth in the middle of the seventh month.
 
A person may not marry a pregnant woman because of the possibility that she may get pregnant again after she gives birth, and as a result she may be unable to nurse and her husband will refuse to provide the infant with eggs and milk because it is not his child. (3)
 
A woman who is divorced or widowed, whether she is a Besulah or a Be'ulah from Eirusin or from Nisu'in, must wait three months before remarrying.
 
Rebbi Meir: Even if a woman was unlikely to be pregnant because she was not living with her husband, or because she or her husband are infertile, or she miscarried after the death of her husband, she still must wait three months before she remarries. Rebbi Yehudah: She may remarry immediately.
 
When a Stam Mishnah (a Halachah stated in the Mishnah without dispute) is followed by a dispute, the Halachah does not follow the Stam Mishnah. However, when a dispute in the Mishnah is followed by a Stam Mishnah, the Halachah follows the Stam Mishnah. (4)

A BIT MORE

1. Since it is forbidden for the husband to be in seclusion with his wife after the Get was written, she may remarry three months after that time. Even according to Rav, who maintains that she may not remarry until three months have passed from the time she received the Get, a Yevamah may remarry three months after the death of her husband and does not have to wait three months from the time of the Chalitzah. The reason is that since we allow her to marry the Yavam after three months from the death of her husband even though it is a potential Isur Kares if it turns out that she is pregnant, we certainly should allow the Yevamah to marry someone else after three months from the death of her husband since it is only a potential Isur Lav if it turns out that she is pregnant and subsequently miscarries.
 
2. Only one of these concerns applies to a couple that became Gerim together. A child born seven months after a couple became Gerim together may think that he was conceived after they became Gerim, and he will do Yibum with the wife of a brother that was born after him, when in truth he was born prior to the Gerus and thus that brother is considered only a brother from the mother and not from the father, and Yibum does not apply.
 
3. Even though the woman may theoretically go to Beis Din and force the relatives of her first husband to provide for the child, she will be embarrassed to go to Beis Din, and as a result the child will be in danger.
 
4. When there is a Stam Mishnah and a dispute in a Beraisa, the Halachah follow the Stam Mishnah. When there is a dispute in the Mishnah and a Stam Beraisa, we do not follow the Stam Beraisa, because if Rebbi (the compiler of the Mishnah) did not list it as a Stam Mishnah, on what basis did Rebbi Chiya (one of the compilers of the Beraisa) list it as a Stam Beraisa? Rebbi Chiya was the student of Rebbi. Therefore, if Rebbi did not decide the ruling, Rebbi Chiya has no basis to decide the ruling.

BRIEF INSIGHT

THE PROHIBITION OF MARRYING A WOMAN WHO IS PREGNANT
 
A woman must wait three months before remarrying so that if she gives birth in the seventh month after she is remarried, we will know who the father is. The Tosfos Yeshanim asks, why does the Gemara not give a different reason for why she may not remarry within three months: perhaps she is pregnant and it is forbidden to marry a pregnant woman? The Tosfos Yeshanim answers that the prohibition to marry a pregnant woman applies only to a woman who is definitely pregnant, and not to someone for whom there is merely a doubt whether she is pregnant.

QUICK HALACHAH

A WOMAN WHO WAS WIDOWED OR DIVORCED
 
A woman who is widowed or divorced may not get remarried or betrothed to another man until she waits ninety days, not including the day of her divorce or death of her husband, and the day of the Kidushin. The reason is so that she will know whether she is pregnant prior to the remarriage and thus will know who the father of the child is. However, she is permitted to become engaged without Kidushin within thirty days, but the groom may not enter her house. (Shulchan Aruch EH 13:1)
 
The Beis Yosef says that the man to whom she is becoming engaged must swear that he will not enter her house until after ninety days, so that we can be assured that nothing untoward has occurred. (Beis Shmuel)

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