YIBUM AFTER THE DEATH OF A MACHAZIR GERUSHASO (cont.)
The attempted answers 3:d and 3:e (Daf 11B) are proposed and rejected exactly as above.
A MEMA'ENES [line 17]
(Rav Lili bar Mamal): If Leah was married mid'Rabanan to Shimon, and she was Mema'enes (retroactively annulled the marriage), her Tzarah is forbidden.
Question: To whom is she forbidden?
It cannot be to the brothers. Leah herself is permitted, all the more so her Tzarah is!
(Shmuel): If she did Mi'un to one brother, she is permitted to a different brother.
Answer: Her Tzarah is forbidden to Shimon.
Question: Leah is permitted to the brothers, since they did not do an action with her. Shimon should also be permitted to the Tzarah, since he did no act with her!
Answer: It is a decree to forbid her, lest one permit the Tzarah of Bito Mema'enes (the Yavam's daughter, who happened to do Mi'un).
Question: The Tzarah of Bito Mema'enes is permitted!
(Mishnah): In every case, if the Arayos died or did Mi'un, the Tzaros are permitted.
Question: To whom did she do Mi'un?
If she did Mi'un to her husband, this is the just like being divorced!
Answer: She did Mi'un to the Yavam.
Rejection: Really, she did Mi'un to the husband. The Mishnah teaches about two kinds of divorce.
Question: Why is this different? When she does Mi'un to the husband, she uproots the marriage. Also when she does Mi'un to the Yavam, she uproots the original marriage!
Answer: The Tzarah is forbidden for the reason of Rami bar Yechezkel.
(Rami bar Yechezkel): If she did Mi'un to the husband, she is permitted to the father. If she did Mi'un to the brother, she is forbidden to the father;
Because when she fell to Yibum she looked like his daughter-in-law, therefore she is forbidden.
Here too, when she fell to Yibum, she looked like the Tzarah of his daughter!
TZARAS AILONIS [line 36]
(Rav Asi): Tzaras Ailonis is forbidden. "Asher Teled" excludes an Ailonis, since she is sterile.
Question (Rav Sheshes - Mishnah): Three brothers were married to three unrelated women. Reuven died; Shimon gave Ma'amar (Kidushei Yevamah mid'Rabanan) to Reuven's widow and then he died. Shimon's widows do Chalitzah but not Yibum.
"And one of them died" - Yibum applies when she is widowed from one brother, not from two.
(Rav Yosef): This is the case of Tzaras Eshes Ach which is forbidden because of the fall to Yibum. We do not find a case in the Torah like this.
Suggestion: Rav Yosef comes to exclude Tzaras Ailonis, who is permitted!
Answer: No, he comes to exclude Tzaras Ailonis, who is forbidden.
Question: If so, why did he say "this is the case"?
Answer: In this case, the Tzarah needs Chalitzah. Tzaras Ailonis does not need Chalitzah.
Question: What is the reason?
Answer: The Isur to do Yibum in the Mishnah is only mid'Rabanan. An Ailonis is forbidden mid'Oraisa to do Yibum.
Question (Mishnah): In any of these cases, if she died... or was found to be an Ailonis, the Tzaros are permitted.
Answer: In the Mishnah, the husband did not know that she was an Ailonis (so they were never truly married); Rav Asi discusses when he knew that she was an Ailonis.
Support: The Mishnah says that she was found to be an Ailonis. It does not say she was (already known to be) an Ailonis.
(Rava): The Halachah is that Tzaras Ailonis is permitted, even if her husband knew that she was an Ailonis, and even if the Ailonis is the Yavam's daughter.
Question: The Mishnah says if she was found (to be an Ailonis)!
Answer: It should say "if she was".
(Ravin): The Tzarah of a Mema'enes, of an Ailonis, or of Machazir Gerushaso is permitted.
CAN A MINOR GIVE BIRTH? [line 6]
(Rav Bivi - Beraisa): Three women use a wad to prevent pregnancy: a minor, a pregnant woman, and a nursing woman. (Rashi - they may use a contraceptive wad at the time of Bi'ah. Tosfos - this is forbidden! Rather, they must use a wad after Bi'ah to remove the semen.)
A minor does so, lest she get pregnant, and this might kill her;
A pregnant woman does so lest the fetus get mashed (Rashi - if a second fetus is conceived; Tosfos - this is impossible. Rather, we are concerned lest there are already two fetuses inside, and semen will enter between them);
A nursing woman does so lest pregnancy force her to wean her baby, and it will die.
R. Meir says, a girl between 11 and 12 years uses a wad. If she is younger or older, she has relations normally.
Chachamim say, at any age she has normal relations. Shamayim will have mercy on her - "Hash-m guards the simple."
Inference: It says that pregnancy might kill an 11-year-old. This implies that a minor may get pregnant and not die!
Question: If so, it is possible for a mother-in-law to do Mi'un i.e. she gave birth before 12). The Mishnah says that we cannot find this case!
Answer #1: Rather, the Beraisa should say 'lest she get pregnant and (certainly) die.'
(Rabah bar Livai): Before this age (11), she will not get pregnant at all; during this time (11 to 12), she and the fetus will die; after (12), she and the fetus will live.
Question: Rabah bar Shmuel taught a Beraisa that says that one cannot say that the mother-in-law did Mi'un... because she already gave birth! (He did not say 'because she is already an adult.' This implies that a minor can give birth, just she may not do Mi'un afterwards.)
Answer: Rather, our text 'lest she get pregnant, and this might kill her' is correct.
Question: If so, how do we answer Question (e)?
Answer #2 (Rav Safra): (Bearing) a child is like Simanim (two hairs that show adulthood).
Some say that a child is better than Simanim.
Question: How is it better? (Also after Simanim she cannot do Mi'un!)
Answer: Even R. Yehudah, who permits Mi'un (after Simanim) until she has many hairs, agrees that she may not do Mi'un if she has given birth.