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YEVAMOS 35

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SUMMARY According to the first version of Shmuel, a Ketanah must wait three months to get married after being Mezanah, even though she is too young to conceive, because the Chachamim applied their decree also to a Ketanah. (1)   According to the second version of Shmuel, a Ketanah does not need to wait three months to get married after being Mezanah, nor does a Giyores or a freed maidservant need to wait three months. (2)   A Ketanah who receives a Get must wait three months before remarrying, but if she does Mi'un she does not have to wait.   Rebbi Yehudah: A woman who becomes a Giyores, a freed maidservant, or a girl who was raped or seduced must wait three months before getting married. Rebbi Yosi: She may get married immediately. (3)   A Kohen's wife who was raped is prohibited to her husband.   A Yisrael's wife who was raped is permitted to her husband, but is prohibited to a Kohen if her husband dies. If she is a Bas Kohen she is prohibited to eat Terumah if her husband dies and she has no children from him.   A Yevamah is found to be pregnant after the Chalitzah or Yibum had already been done. If the child survives, the Chalitzah or Yibum has no validity. If the child does not survive, the Chalitzah or Yibum is valid. (4)   If the Yevamah gives birth after the Yibum had been done and it is a Safek whether the father of the child is the deceased brother or the father is the Yavam, they must divorce, the child is not a Mamzer and they must bring an Asham Taluy.   Rebbi Yochanan: If Chalitzah is done with a pregnant Yevamah and she subsequently miscarries, no further Chalitzah is needed. Reish Lakish: It is necessary to do another Chalitzah. (5)   If a person does Yibum and it turns out that the Yevamah was pregnant, the Tzarah may not remarry because of the possibility that the child will not survive and the Mitzvah of Chalitzah and Yibum will apply.   Abaye says that both Rebbi Yochanan and Reish Lakish agree that Yibum done with a pregnant Yevamah is not valid. Their dispute is only with regard to Chalitzah done with a pregnant Yevamah. A BIT MORE 1. The decree does not apply to a Giyores who is a Ketanah, because that is an uncommon case.   2. A Ketanah does not need to wait because it is uncommon for a Ketanah to be Mezanah, and the Rabanan did not institute the decree for an uncommon case. A Giyores or a freed maidservant does not need to wait because Shmuel follows the view of Rebbi Yosi that they use a method of birth control to ensure that they do not become pregnant.   3. Rebbi Yosi maintains that a woman who is Mezanah twists herself as a form of birth control so that she will not conceive, and therefore she does not have to wait three months before getting married. The Chachamim who argue with Rebbi Yosi are concerned that her twisting may not have been done properly and will not be effective.   4. If the child survives, the Mitzvah of Chalitzah or Yibum never applied. Therefore, even though the Chalitzah was done, the Yavam and Yevamah are permitted to the relatives of each other and she is permitted to a Kohen. If they did Yibum, they must bring a Korban Chatas for the Aveirah of Eshes Achiv when the Mitzvah of Yibum does not apply. If the child does not survive, the Mitzvah of Chalitzah or Yibum does apply. Thus, if Chalitzah was done, the Yavam and Yevamah are prohibited to the relatives of each other and she is forbidden to a Kohen.   5. Their dispute is based on their understanding of the verse. Alternatively, Rebbi Yochanan bases his opinion on the logic that if Eliyahu ha'Navi would have told us at the time of the Chalitzah that she was going to miscarry, the Mitzvah of Chalitzah would have applied, so therefore retroactively it should be as if we knew all along that she would miscarry. Reish Lakish disputes this logic.

BRIEF INSIGHT A GIYORES WHO IS MEZANAH   Shmuel says that a Giyores or a freed maidservant do not have to wait three months before getting married. The Gemara says that Shmuel follows the view of Rebbi Yosi who permits them to get married within three months. Rashi says that even though Shmuel follows Rebbi Yosi with regard to a Giyores, he does not follow Rebbi Yosi with regard to a girl who was raped or seduced, because Shmuel maintains that the decree of the Rabanan applies to a girl who was Mezanah so that she should not be confused with a married woman. However, it does not apply to a Giyores, because even a married Giyores twists herself to make sure that she does not conceive. Therefore, Shmuel is lenient with regard to a Giyores who is Mezanah but not with regard to a Jewish girl who was Mezanah. The Maharsha says that, for this reason, Rabeinu Chananel ruled that a Giyores who was Mezanah does not need to wait to get married, while a Jewish girl who was Mezanah needs to wait three months. The Rif questions Rabeinu Chananel. Since Rebbi Yosi rules that even a Jewish girl who is Mezanah does not need to wait, why does Rabeinu Chananel differentiate between them? The answer to the question of the Rif is that Shmuel differentiates between them for the reason that Rashi says, and Rabeinu Chananel rules like Shmuel. QUICK HALACHAH A GIYORES OR A FREED MAIDSERVANT WHO WISHES TO GET MARRIED   A Giyores or maidservant who were married prior to the Gerus or freedom must wait three months before getting married. Even when a man is becoming a Ger together with his wife, they must separate for three months in order to differentiate between a child born with Kedushah and a child born without Kedushah. (Shulchan Aruch EH 13:5)

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