REVACH L'DAF
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SUMMARY
Any rumor that arises after a marriage is of no concern.
If Beis Din ruled that the sun set and the sun subsequently shines, it is not regarded as a Psak at all. (1)
If Beis Din rules that Chelev is permitted and retract their ruling, they no longer may rule that it is permitted.
Rebbi Eliezer maintains that if a woman erroneously remarries on the basis of one witness, it is regarded as a mistake on the part of Beis Din and she must bring a Chatas. (2)
If one witness testifies that her husband died and she is Mezanah, the Amora'im disagree about whether she must bring a Korban. (3)
If a divorcee marries a Kohen on the basis of one witness, she is Chayav to bring a Korban for every Bi'ah, according to Rebbi Eliezer. (4)
A husband and a son traveled overseas, and witnesses testify that the husband died followed by the son. The wife remarried, and then they told her that the order of their deaths was the reverse. The children from her second marriage are Mamzerim. (5)
If the witnesses testify that her son died followed by her husband, and after she did Yibum they told her that the order of their deaths was the reverse, the children are Mamzerim.
If the witnesses testify that the husband died, and then they say he was alive at the time but now he has died, the first children are Mamzerim.
If the witnesses testify that the husband died and she does Kidushin, she may return to her first husband. (6)
According to one opinion, Rebbi Akiva maintains that a child born from a Yevamah and a man other than the Yevamah is a Mamzer.
According to a second opinion, even Rebbi Akiva maintains that only an Isur Lav of a relative produces a Mamzer.
Rav: A Kidushin between a Yevamah and a man other than the Yavam is not valid. Shmuel: It is a unresolved doubt.
Rebbi Yosi Hamnuna: A Shomeres Yavam who is Mezanah is forbidden to the Yavam.
When a man is Mekadesh a woman and says that the Kidushin should take effect after the Chalitzah, the Kidushin is not valid.
When a man is Mekadesh a woman and says that it should go into effect after he or she becomes a Ger, the Kidushin is not valid.
A BIT MORE
1. Therefore, an individual who followed this Psak and did a Melachah on Shabbos must bring a Korban Chatas. If the entire Kehilah did a Melachah on the basis of this Psak, they do not bring a Par He'elem Davar.
2. Rebbi Eliezer disagrees with the Mishnah's ruling that the Psak of Beis Din allowing her to remarry is a valid Psak. According to our Mishnah, if the husband is found to be alive, she is exempt from bringing a Chatas since she was following the Psak of Beis Din when she remarried.
3. Rebbi Elazar: The Mishnah that says she is Chayav to bring a Korban is referring to a case where she was Mezanah. Most certainly in a case where she is a divorcee and she married a Kohen she is also Chayav to bring a Korban. Rebbi Yochanan: The Mishnah is referring to a case of a divorcee who married a Kohen. Only in that case is she Chayav to bring a Korban, but in a case where she is Mezanah she does not have to bring a Korban.
4. The Chachamim maintain that she must bring more than one Korban only if she married more than one man.
5. This follows the opinion of Rebbi Akiva who maintains that a child born from an Isur Lav is a Mamzer. In this case, the woman is a Yevamah who is prohibited by an Isur Lav from remarrying without first doing Chalitzah.
6. Even if the second husband gives her a Get, she is eligible for Kehunah.
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BRIEF INSIGHT
KIDUSHIN WITHOUT NISU'IN
Rav Ashi says that if a woman was betrothed to someone other than the Yavam, and then she found out that her son died before her husband and she thus requires Chalitzah, she must receive a Get from the second husband and then she is permitted to the Yavam. Rabeinu Tam says that the case is that she was Mekudeshes to the second husband but they were not married. In such a case, if the Yavam does not want to do Yibum, she is permitted to the second husband after she receives Chalitzah. The reason is that the Rabanan do not penalize the woman unless she married a second husband, but not if she was only Mekudeshes to him. Even in a case of an Eshes Ish who thought her husband died, if she became Mekudeshes to another man and then her husband returned, she is not forbidden to the second man if her husband divorces her.
QUICK HALACHAH
A SHOMERES YAVAM WHO IS MEZANAH
A Shomeres Yavam who is Mezanah is not forbidden to the Yavam if he is a Yisrael. Some says that she is forbidden to the Bo'el as a Kenas. (Shulchan Aruch EH 159:3)
If the Yavam is a Kohen, she is forbidden to him because she had relations with an Isur Lav. (Beis Shmuel)
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