YEVAMOS 35 (10 Nisan) - This Daf has been dedicated Dr. Avi Pandey of KGH, L'iluy Nishmas Hagaon Rav Matis (Matisyahu ben Alexander Zishe Meyer and Rochel Leah) Blum zt'l, author of the acclaimed Torah la'Da'as series and beloved Rav and Marbitz Torah in Queens, NY, who was Niftar on 10 Nisan 5780.

1)

WHO MUST WAIT BEFORE MARRYING? (cont.)

(a)

Chachamim decreed that a minor must wait (after Zenus, even though she cannot be pregnant) lest an adult not wait.

(b)

Question: We do not make such decrees!

1.

(Mishnah): If they are minors, they return to their husbands immediately.

(c)

Answer #1 (Rav Gidal): That was a Hora'as Sha'ah (a special ruling for an urgent need at the time).

(d)

Question: This implies that the case happened (but the Mishnah does not say so)!

(e)

Correction: Rather, it was like a Hora'as Sha'ah. It is not common that wives get mixed up (therefore, we did not decree).

(f)

Version #2 (Shmuel): Any woman who had Bi'ah must wait three months before marrying someone else, except for an adult who converted or was freed from slavery. A minor Yisraelis need not wait.

(g)

Question: What is the case of the minor?

(h)

Answer #1: She did Mi'un.

(i)

Rejection: Shmuel already taught that she need not wait after Mi'un!

(j)

Answer #2: She was divorced.

(k)

Shmuel taught that she must wait!

1.

(Shmuel): If a minor did Mi'un, she need not wait three months. If he gave her a Get, she must wait.

(l)

Answer: The minor had Zenus.

1.

Zenus is uncommon for a minor, so we do not decree due to an adult.

(m)

Question: Zenus is common for a convert or freed slave (before the conversion/freedom). We should decree!

(n)

Answer: Shmuel holds like R. Yosi:

1.

(Beraisa - R. Yehudah): A girl who converted or was freed from captivity or from slavery must wait three months;

2.

R. Yosi permits her to become Mekudeshes and get married immediately. (end of Version #2)

(o)

(Rabah): R. Yosi holds that a woman that has Zenus uses a wad to prevent pregnancy.

(p)

Question (Abaye): Granted, a convert intended to convert, and was careful (to avoid pregnancy three months beforehand) so she would know whether her child was conceived before or after conversion;

1.

We also understand why a captive or freed slave would be careful, if she heard from her master (that she will be freed or taken to a place where people will redeem her).

2.

However, if a slave went free because the master dismembered her tooth or eye, she did not know to be careful beforehand!

3.

Suggestion: Perhaps R. Yosi agrees in such a case.

4.

Rejection (Beraisa - R. Yehudah): A girl who was seduced or raped must wait three months;

5.

R. Yosi permits her to become Mekudeshes or married immediately.

(q)

Answer (Abaye): R. Yosi holds that a girl who is raped turns over (after Bi'ah so the semen will fall out, to avoid pregnancy);

1.

R. Yehudah is concerned lest she did not turn over well.

2)

THE WOMEN ARE DISQUALIFIED FROM TERUMAH [line 32]

(a)

(Mishnah): If they are Kohanos (they are disqualified from Terumah).

(b)

Question: Also a Yisraelis is disqualified from Terumah!

(c)

Answer: It means, if they were wives of Kohanim.

(d)

Question: Also a Yisrael's wife is disqualified (through Bi'as Ones with another man)!

1.

(Rav Amram): Rav Sheshes derived from a Mishnah (53b) that if a Yisrael's wife was raped, even though she is permitted to her husband, she is disqualified from Kehunah!

(e)

Answer (Rava): Our Mishnah teaches that if they are Kohanos married to Yisraelim, they are disqualified from (returning after being widowed or divorced to eat) Terumah of their fathers' houses.

35b----------------------------------------35b

PEREK HA'CHOLETZ
3)

YIBUM AND CHALITZAH OF A PREGNANT WOMAN [line 1]

(a)

(Mishnah): If a Yevamah did Chalitzah and was found to be pregnant:

1.

If she gives birth to a viable baby (the Chalitzah was meaningless), the Yavam may marry her relatives, she may marry his relatives, and she may marry a Kohen;

2.

If the baby is a Nefel (not viable), he is forbidden to her relatives, and she is forbidden to his relatives and to Kohanim.

(b)

If a Yevamah did Yibum and was found to be pregnant:

1.

If she gives birth to a viable baby, the Yavam must divorce her, and they must bring a Chatas;

2.

If it is a Nefel, they may remain married.

(c)

If we are unsure whether the baby was born nine months after conception from the deceased, or seven months after conception from the Yavam, the Yavam divorces her, the child has proper lineage (i.e. is not a Mamzer), and they bring Asham Taluy (for perhaps they sinned).

(d)

(Gemara - R. Yochanan): If one did Chalitzah to a pregnant woman, she does not need Chalitzah from the brothers;

(e)

(Reish Lakish): She needs Chalitzah from the brothers.

(f)

R. Yochanan holds that Chalitzah and Yibum of a pregnant woman are valid. Reish Lakish holds that they are invalid.

(g)

The argument could be based on expounding verses, or on reasoning.

(h)

Perhaps it is based on reasoning. R. Yochanan holds that if Eliyahu would tell us that she is pregnant with a Nefel, we would permit her to do Yibum or Chalitzah. Even though Eliyahu didn't come, when we see later that it was a Nefel, this shows that retroactively the Yibum or Chalitzah was valid;

1.

Reish Lakish holds that we do not retroactively validate it.

(i)

Perhaps they argue how to expound "U'Ven Ein Lo". R. Yochanan says, this was fulfilled (so the Parashah of Yibum and Chalitzah applied);

1.

Reish Lakish expounds "Ayen" (see if he will have a son).

(j)

Version #1 - Question (R. Yochanan - Mishnah): If the baby is a Nefel, he is forbidden to her relatives, and she is forbidden to his relatives and to Kohanim.

1.

This is not difficult for me. Since the Chalitzah is valid, she is forbidden to his relatives and Kohanim.

2.

According to you, the Chalitzah is invalid. Why is she forbidden?

(k)

Answer (Reish Lakish): This is a stringency mid'Rabanan.

(l)

Version #2 - Question (Reish Lakish - Mishnah): If the baby is a Nefel, he is forbidden to her relatives, and she is forbidden to his relatives and to Kohanim.

1.

This is not difficult for me. Since the Chalitzah is invalid, it says that she is forbidden to his relatives and Kohanim; this is a stringency. It does not say that Chalitzah is not needed from the brothers.

2.

According to R. Yochanan, it should say that she does not need Chalitzah from the brothers (and we would know that all laws of valid Chalitzah apply)!

(m)

Answer: Indeed, it should! However, since the Reisha discussed the Isur of relatives, the Seifa also did. (end of Version #2)

(n)

Version #1 - Question (R. Yochanan - Mishnah): (When they did Yibum,) if the baby is a Nefel, he keeps her (as a wife).

1.

This is not difficult for me. He keeps her because the Yibum was valid!

2.

According to you, the Yibum was invalid. It should say that they do Yibum again, and he keeps her!

(o)

Answer: Indeed, when it says 'he keeps her' it means that he does Yibum again and keeps her;

1.

Less than this (to divorce her without Chalitzah) is not sufficient.

(p)

Version #2 - Question (Reish Lakish - Mishnah): (When they did Yibum,) if the baby is a Nefel, he keeps her.

1.

This is not difficult for me. Since the Yibum was invalid, he does Yibum again and keeps her. Less is insufficient.

2.

According to you, the Yibum was valid. The Mishnah should say that he may divorce or keep her!

(q)

Answer: Indeed, this is true! Since the Reisha said that he divorces her, the Seifa says that he keeps her.

(r)

Question (Beraisa): If a woman did Yibum and was found to be pregnant, her Tzarah may not marry, lest the baby will be viable.

1.

Objection: To the contrary! If the baby is viable, the Tzarah is exempt from Yibum and Chalitzah!

2.

Correction: It should say... lest the baby is a Nefel.

3.

Summation of question: If the Yibum of a pregnant woman is valid, why can't the Tzarah marry? She is exempted through the Yibum!

(s)

Answer #1 (Abaye): All agree that Yibum of a pregnant woman does not exempt. They argue only about Chalitzah;

1.

R. Yochanan says that Chalitzah of a pregnant woman is Chalitzah, but her Yibum is invalid; Reish Lakish says that both are invalid.

(t)

Objection (Rava): It is illogical for R. Yochanan to say so!

1.

If the Yibum is valid, so is the Chalitzah! If the Yibum is invalid, so is the Chalitzah!

2.

This is because we hold that a woman can do Chalitzah only if she can do Yibum.