THE WAITING PERIOD BEFORE REMARRYING [line before last of previous Amud]
(Beraisa): If a Yevamah did Chalitzah within three months, she must wait three months. If she did Chalitzah after three months, she need not wait three months.
The three months are counted from her husband's death, and not from the day of Chalitzah.
Question: Why is this different than a Get (according to Rav)?
(Rav): (We count the three months before a divorcee may remarry) from the giving of the Get (even though they were not secluded from when the Get was written);
(Shmuel): (We count) from the day it was written.
Answer (Rava): If we permit (Yibum three months after death, even though if she is pregnant they transgress Eshes Ach, which is) Chayavei Kerisos, all the more so we permit (a Chalutzah to remarry three months after death, for even if she was pregnant and the Chalitzah was invalid, this is only) Chayavei Lavin! (Tosfos - if we would tell a Chalutzah to be more stringent, people would not listen.)
(Mishnah): Also, all other women... (must wait three months).
Question: We explained why a Yevamah must wait three months. Why must other women wait?
Answer #1: (Rav Nachman): "Lihyos Lecha l'Eilokim ul'Zar'acha Acharecha" - we must distinguish between the seed of the first and second husbands (the Shechinah rests only on people who are certain about their lineage).
Question (Rava - Beraisa): ... Therefore, a couple that converted must wait three months.
We know that he is the father!
Answer: We need to distinguish whether the baby was conceived before or after conversion.
Answer #2 (to Question (d) - Rava): We decree lest a man marry his paternal sister (if he thinks that he is from the other father), do Yibum with the wife of his maternal brother (if he thinks that he is a full brother), lest his mother think that she is exempt from Yibum and Chalitzah (if she thinks that he is the son of the deceased), and lest his Yevamah remarry without Yibum or Chalitzah (if she thinks that her husband had no brother).
Question (Rav Chananyah - Beraisa): All the decrees that a Yevamah must wait three months are because of Ervah. This decree (others must within three months) is to fix the child.
According to Rava, all are because of Ervah!
Answer: This decree is to fix the child, lest he marry Ervah. (Regarding a Yevamah, also she and her Yavam or new husband might transgress Ervah if they do not wait.)
IDENTIFYING THE FATHER [line 21]
Question: Granted, it does not help to wait two months. If a baby is born seven months later, we will not know if it is a nine-month baby from the first husband, or a seven-month baby from the second. However, it should be permitted to marry after one month!
If a baby is born after seven months, it must be from the second husband. If a baby is born after eight months, it must be a nine-month baby from the first husband (an eight-month baby is always a Nefel)!
Answer: Even if it is born after eight months, it could be a seven-month baby (i.e. it developed fully in seven months) from the second husband that delayed a month before being born.
Question: She should be permitted to marry after two and a half months!
If a baby is born after seven months, it must be from the second husband!
If a baby is born after six and a half months, it must be a nine-month baby from the first husband, for a six and a half-month baby from the second husband would not live!
Answer: No, a six and a half-month baby from the second husband could live;
(Mar Zutra): Even the opinion that says that a nine-month baby is always born after nine full months agrees that a seven-month baby may be born during the seventh month.
"Va'Yhi li'Skufas ha'Yamim (and Chanah gave birth)" - 'Tekufos' means at least two (seasons, six months in all) and 'days' means at least two.
Question: We should permit her after a very short wait, and check if she is pregnant after three months!
Answer (Rav Safra): We do not check if a married woman is pregnant, lest she be disgraced in the eyes of her husband.
Suggestion: We can check her footprints (a pregnant woman sinks deeper into loose dirt. This is no disgrace!)
Rejection: She will walk specially to cover up the pregnancy, in order that her son inherit her new husband.
Question: Why don't we permit her when we know that she is pregnant?
(Beraisa): Reuven may not marry a woman pregnant from Shimon or nursing a baby from Shimon. If he did, he must divorce her and may never remarry her.
Answer #1: This is a decree lest the fetus get mashed (due to the semen or another pregnancy - see 12b).
Objection: This concern applies equally to Bi'ah with one's wife when she is pregnant from him (yet this is permitted)!
One opinion says that they use a wad. The other says that (they do nothing different, and) Hash-m will have mercy. These apply also when she is pregnant from a different man!
Answer #2: Rather, we are concerned that Bi'ah will harm the fetus.
Objection: The same concern applies when she is pregnant from him!
Answer: Then, a man is careful because he cares about the fetus.
Objection: Also here he cares about the fetus (he does not want to kill it)!
Answer #3: Rather, a pregnant woman needs to nurse the baby after it is born. If she becomes pregnant, her milk will cease and the baby will starve.
Objection: The same applies when she is pregnant from him!
Answer: She will feed him eggs and milk.
Question: She will do the same even if it is not his child!
Answer: Her husband will not give her money for this.
Question: She can demand money for this from the heirs of her first husband!
Answer (Abaye): A woman is embarrassed to come to Beis Din. She will (passively) kill her son.
THE FINAL RULING [line 6]
(Mishnah): This is whether or not she is a virgin... (whether she was previously Mekudeshes or Nesu'ah...)
Question: These are synonymous! (Why does the Mishnah say both?)
Answer (Rav Yehudah): The Mishnah explains itself. She must wait whether or not she is a virgin, i.e. whether she was widowed or divorced from Kidushin or Nisu'in.
R. Elazar did not go to the Beis Medrash. He asked Rav Asi what was taught there.
Rav Asi: R. Yochanan ruled like R. Yosi.
R. Elazar: Does this mean that a lone opinion disagrees with him?
Rav Asi: Yes!
(Beraisa - R. Meir): A woman must wait three months before remarrying, (even) in the following cases (even though she did not become pregnant recently): she was constantly going to her father's home (and was there a while before he died), or was quarreling with her husband (and they did not have relations);
Her husband was imprisoned, or too old to have children, or sick;
She was sick, or miscarried after her husband died, or her womb was uprooted;
She was too old to have children, or a minor, or an Ailonis, or sterile.
R. Yehudah (some texts - R. Yosi) permits her to marry immediately.
(R. Chiya bar Avin): R. Yochanan retracted.
(Rav Yosef): If he retracted, it was due to the following Beraisa:
(Beraisa - R. Yishmael, son of R. Yochanan ben Berokah): Chachamim in Kerem b'Yavneh require all to wait three months.
Question (R. Yirmeyah): Did R. Yochanan really say that the Halachah follows R. Yosi? R. Yochanan said that the Halachah follows a Stam (anonymous) Mishnah!
(Mishnah): Any woman may not get married or Mekudeshes for three months, whether or not she is a virgin.
Answer (R. Avahu): This is a poor question! This Stam Mishnah is followed by a Machlokes (R. Yehudah and R. Yosi argue with the first Stam Tana). In such a case, the Halachah is not (necessarily) like the Stam Mishnah!
(Rav Papa or R. Yochanan): If there is a Machlokes and later a Stam Mishnah, the Halachah follows the Stam. If the Stam precedes the Machlokes, the Halachah is not (necessarily) like the Stam.
Question (R. Nachum): If a Machlokes is followed by a Stam, how do we rule?
Answer (R. Avahu): The Halachah follows the Stam.
Question (R. Nachum): What if the Stam precedes the argument?
Answer (R. Avahu): The Halachah is not (necessarily) like the Stam.
Question (R. Nachum): If there is a Stam Mishnah and a Machlokes in a Beraisa, how do we rule?
Answer (R. Avahu): The Halachah follows the Stam.
Question (R. Nachum): If there is a Machlokes in the Mishnah and a Stam Beraisa, how do we rule?
Answer (R. Avahu): If Rebbi (who wrote the Mishnah) did not decide the law, how could R. Chiya (his Talmid, who codified Beraisos) decide?!