Yevamos Chart #11
Chart for Yevamos Daf 35b-36a
DOING YIBUM OR CHALITZAH WITH A PREGNANT WOMAN
IF SHE GAVE BIRTH TO A CHILD WHO LIVED
IF SHE GAVE BIRTH TO A CHILD WHO DID NOT LIVE
|1||IS THE YIBUM
|No||No (Abaye) (2)
Yes (Rava) (1)
|2||IS THE CHALITZAH
|3||IS SHE PERMITTED
TO MARRY OTHERS,
|Yes (Abaye) (1)
No (Rava) (3)
|REISH LAKISH (4)|
|6||PERMITTED TO MARRY||No||No|
(1) Rebbi Yochanan's reasoning is that retroactively it becomes clarified whether she had a child or did not have a child ("Tigli Milsa l'Mafrei'a").
(2) According to Abaye, Rebbi Yochanan also agrees that if one has relations with the Yevamah while she is pregnant it cannot effect Yibum (even though we do say "Tigli Milsa l'Mafrei'a" if the Yavam did Chalitzah with her).
(3) Rava's reasoning is that the child does not exempt her from the Isur of "Yevamah l'Shuk" (marrying a man other than the Yavam) until the child actually emerges from the womb into the world, even though she is not able to do Yibum or Chalitzah before the child is born. That is, there is no Zikah for Yibum or Chalitzah, but the Isur of Yevamah l'Shuk applies nonetheless.
(4) The Halachah follows this opinion.
(5) This is because according to Reish Lakish we do not say "Tigli Milsa l'Mafrei'a." Normally, when a child dies within thirty days it is considered to have been a stillborn and it is as if it never lived. With regard to Yibum, though, the RITVA explains that we rule differently, for one of a number of reasons: (a) Perhaps at the time that the Yavam had relations with her, the unborn child was fit to be a healthy child, and only afterwards something happened to it which caused it to die. Bi'ah with a woman bearing a child that is able to live, cannot effect Yibum. (According to this view, we are in doubt whether or not the Yibum or Chalitzah takes effect, according to Reish Lakish); (b) Whenever there exists the possibility that this woman is bearing a live child, Yibum and Chalitzah cannot be effected. (According to this view, we are certain that Yibum or Chalitzah do not take effect with a pregnant woman. This appears to be the intent of TOSFOS, DH Tigli, as well -- although the MISHNEH L'MELECH, Hil. Gerushin 6:3 seems to have a different understanding of Tosfos.).