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1) THE WAITING PERIOD BEFORE REMARRYING

(a) (Beraisa): A Yevamah that did Chalitzah within 3 months must wait 3 months
(b) If she did Chalitzah after 3 months, she need not wait 3 months.

1. The 3 months are counted from her husband's death, not from the day of Chalitzah.
2. Question: Why is this different than a Get?

i. (Rav): (We count the 3 months before a divorcee may remarry) from the giving of the Get.
ii. (Shmuel): (We count) from the day it was written.

3. Answer (Rava): If we permit Chayavei Kerisus (Yibum - if she was pregnant, they are liable for a brother's wife, which is punishable by Kares) - all the more so, we permit her to marry someone else, which (if she is pregnant, and the Chalitzah was invalid) is only Chayavei Lavin.

(c) (Mishnah): Also, all other women ...
(d) We have explained why a Yevamah must wait 3 months.
(e) Question: Why must other women wait 3 months?
(f) Answer #1: (Rav Nachman): "To be to you as Hash-m and your children after you" - to distinguish between the seed of the 1st and 2nd husbands.

1. Question (Rava - Beraisa): Therefore, a couple that converted must wait 3 months - but we know that he is the father!
2. Answer: We need to distinguish if the baby was conceived after or before conversion.

(g) Answer #2 (Rava): It is a decree, lest a man marry his paternal sister (because he thinks he is from the other father), do Yibum on his maternal brother's wife (because he thinks he has the same father), mislead his mother to think that she is exempt from Yibum and Chalitzah (because she thinks that he is the son of the deceased), or cause his Yevamah to marry without Yibum or Chalitzah (since she thinks that he is not a brother of her Yavam).
(h) Question (Rav Chanayah - Beraisa): All the other decrees are because of Ervah - this decree is to fix the child.

1. According to Rava - all are because of Ervah!

(i) Answer: This decree is to fix the child, so he should not marry Ervah.

(a) We understand, it does not help to wait 2 months - if a baby is born 7 months later, we will not know if it is a 9 month baby from the 1st husband, or a 7 month baby from the 2nd!
(b) Question: Let her marry after 1 month!

1. If a baby is born after 7 months, it must be from the 2nd husband!
2. If a baby is born after 8 months, it must be a 9 month baby from the 1st husband!

(c) Answer: Even if it is born after 8 months - it could be a 7 month baby from the 2nd husband that delayed a month before being born.
(d) Question: Let her marry after 2 1/2 months!

1. If a baby is born after 7 months, it must be from the 2nd husband! 2. If a baby is born after 6 1/2 months, it must be a 9 month baby from the 1st husband!

i. One cannot say it is a 6 1/2 month baby from the 2nd husband - it would not live!

(e) Answer: Even if it is born after 6 1/2 months, it could be from the 2nd husband!

1. (Mar Zutra): Even the opinion that says that a 9 month baby must be 9 full months - he admits, a 7 month baby may be 7 incomplete months.

i. "It was after seasons of days" - the seasons must mean at least 2 (6 months together), days must mean at least 2.

(f) Question: Let her marry after a very short wait, and check if she is pregnant after 3 months!
(g) Answer (Rav Safra): We do not check if married women are pregnant, so they should not be disgraced in the eyes of their husbands.

1. Suggestion: We can check her walking (which is no disgrace)!
2. Rejection: She will cover up the fact that she is pregnant, in order that her son should inherit her new husband.

(h) Question: When we know that she is pregnant, she should be allowed to marry!

1. (Beraisa): A man may not marry a woman pregnant from a different man, or nursing a baby from a different man; if he did, he must divorce her and may never remarry!

(i) Answer #1: He may not marry a pregnant woman, lest she become pregnant again, and the first fetus may get squashed.

1. Objection: The same concern applies to a man whose wife is pregnant with his son!

i. One opinion says, they use a soft wad to avoid pregnancy; the other says, Heaven will mercy and prevent pregnancy - these apply equally to marrying a woman pregnant from a different man!

(j) Answer #2: Rather, we are concerned that relations will harm the fetus.

1. Objection: The same concern applies to a man whose wife is pregnant with his son!
2. Answer: A man is careful in such a case because he cares about the fetus..
3. Objection: Here, also he cares about the fetus!

(k) Answer #3: Rather, a pregnant woman is standing to nurse the baby after it is born; if she becomes pregnant, her milk will get clouded and she will kill the baby.

1. Objection: The same concern applies to a man whose wife is pregnant with his son!
2. Answer: For his own son, the father will buy eggs and milk.
3. Question: For her son, he will also buy eggs and milk!
4. Answer: No, he will not.
5. Question: She can demand money for this from the heirs of her 1st husband!
6. Answer (Abaye): A woman is embarrassed to come to Beis Din, and will rather kill her son.

(a) (Mishnah): The same applies to virgins and non-virgins ...
(b) Question: Virgins and widows from engagement - these are synonymous! Non-virgins - this is precisely widows from Nisu'in!
(c) Answer (Rav Yehudah): The Beraisa says thusly: Virgins or non-virgins have the same law, whether widowed or divorced from engagement or Nisu'in.
(d) R. Elazar did not go to the Beis Medrash. He asked Rav Asi was taught there.

1. Rav Asi: R. Yochanan ruled as R. Yosi.
2. R. Elazar: Does this mean that a lone opinion argues on him?
3. Rav Asi: Yes!
4. (Beraisa - R. Meir): Even the following must wait 3 months before remarrying (even though it is unlikely or impossible that they are pregnant): a wife that was constantly going to her father's home;

i. Or, she was quarreling with her husband;
ii. Her husband was imprisoned;
iii. Her husband was too old to have children, or sick;
iv. She was sick;
v. She miscarried after her husband died;
vi. Her womb was uprooted;
vii. She was too old to have children, or a minor, or an Ailonis, or sterile;

5. R. Yehudah (in some texts - R. Yosi) says she may marry immediately.

(e) (R. Chiya Bar Avin): R. Yochanan retracted.
(f) (Rav Yosef): If he retracted, it was because of the Beraisa of the vineyard.

1. (Beraisa - R. Yishmael, son of R. Yochanan Ben Brokah): I heard from Chachamim in the vineyard in Yavneh - all must wait 3 months.

(g) (R. Yirmiyah): Did R. Yochanan really say, the law is as R. Yosi?

1. R. Yochanan says, the law is as a Stam (unauthored) Mishnah!

i. (Mishnah): All women may not get married nor engaged for 3 months, whether they are virgins or not.

(h) Answer (R. Avahu): This is a poor question! This Stam Mishnah is followed by a Mishnah in which this law is disputed - in such a case, the law is not (necessarily) as the Stam Mishnah!

1. (Rav Papa or R. Yochanan): If the law is disputed in a Mishnah, and later there is a Stam Mishnah - the law is as the Stam; if the Stam precedes the argument - the law is not (necessarily) as the Stam.

(i) Question (R. Nachum): If the law is disputed in a Mishnah, and later there is a Stam Mishnah - how do we rule?
(j) Answer (R. Avahu): The law is as the Stam.
(k) Question (R. Nachum): If the Stam precedes the argument?
(l) Answer (R. Avahu): The law is not (necessarily) as the Stam.
(m) Question (R. Nachum): If there is a Stam Mishnah, and the law is disputed in a Beraisa - how do we rule?
(n) Answer (R. Avahu): The law is as the Stam.
(o) Question (R. Nachum): If there is a dispute in the Mishnah, and there is a Stam Beraisa?