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1) PERMISSION OF BEIS DIN TO GET MARRIED

1. (Rav Ashi): We are not concerned for rumors which start after marriage.

(b) Answer: One might have thought, by a woman that was permitted to marry by Beis Din, this is as rumors which started before the marriage - we hear, this is not so.
(c) (Mishnah): If she was married according to Beis Din, she cannot remain married ...
(d) (Ze'iri): Based on what was taught in the Beis Midrash, the law is not as the Mishnah.

1. (Beis Midrash): If Beis Din ruled that the sun set, and later, it shone - this is a mistake, not a ruling (similarly, our Mishnah is a mistake, not a ruling).

(e) (Rav Nachman): The case of our Mishnah is a ruling.

1. Rav Nachman: I can prove, it is a ruling - in all of Torah, 1 witness is not believed, but here, he is believed - isn't this because it is a ruling?

(f) (Rava): It must be, it is a mistake!

1. If Beis Din permitted Chelev and blood, and later said that it was forbidden - if they again said that it was permitted (without a solid reason), we do not listen to them!
2. Whereas here, if we permitted her to get married based on 1 witness, and then forbade her according to 2 witnesses, and then a witness came and said that her husband subsequently died, we permit her!

i. Is this not because it is a mistake?

(g) Support (Beraisa - R. Eliezer): The law pierces the mountain, and she brings a fat sin-offering.

1. We understand, if it is a mistake, why she brings a sacrifice.
2. Question: If it is a ruling - why does she bring a sacrifice?

i. Suggestion: Perhaps R. Eliezer holds, an individual that acted according to a (mistaken) ruling of Beis Din must bring a sacrifice!
ii. Rejection: If so - why did he say, the law pierces the mountain (i.e. this law is not as it appears at first).

(h) (Mishnah): If Beis Din ruled that she may get married (and she messed up, she brings a sacrifice).
(i) Question: What does it mean, she messed up?
(j) Answer #1 (R. Elazar): She had extramarital relations.
(k) Answer #2 (R. Yochanan): She married someone she is forbidden to - such as a widow marrying a Kohen Gadol, a divorcee or Chalutzah marrying a regular Kohen.

1. R. Elazar, who says she brings a sacrifice for extramarital relations, all the more so for a forbidden marriage!
2. But R. Yochanan says she is exempt for extramarital relations - she tells them, you told me I am single!

(l) A Beraisa supports R. Yochanan.
(m) (Beraisa - R. Elazar): If Beis Din ruled that she may get married and she messed up, e.g. she married a Kohen Gadol, or she was a divorcee or Chalutzah and married a regular Kohen, she must bring a sacrifice for every act of relations; Chachamim say, she only brings 1 sacrifice.

1. Chachamim admit, if she married 5 men, she must bring a sacrifice for each one, since they are separate bodies.

(a) (Mishnah): A woman's husband and son went overseas. They told her that her husband died, and then her son died. She got married; later, they told her the son died first - she must leave her husband, and children she had from him, both the first and last, are Mamzerim;
(b) If they told her (the first time) that her son died, and then her husband, and she did Yibum, and later they told her the husband died first - she must leave her husband, and children she had from him, both the first and last, are Mamzerim;
(c) Witnesses told a woman that her husband died, and she got married; later they told her the husband was alive when she got married, but later died - she must leave her husband, and the first children she had from him are Mamzerim; later children are not Mamzerim;
(d) Witnesses told a woman that her husband died, and she got engaged; later, her husband returned - she may return to him; even if the 2nd husband divorces her, she is permitted to Kehunah.

1. (R. Elazar Ben Masya): "A woman divorced from her husband (is forbidden to a Kohen)" - and not a woman divorced from a man that is not her husband.

(e) (Gemara) Question: What does it mean, the first and last children?

1. Suggestion: If 1st children means, before the latter report, and last means, after the latter report - let the Mishnah just say, the children are Mamzerim!

(f) Answer: That is correct - since in case (c), it had to distinguish the first and last children, it also mentioned this in the beginning of the Mishnah.
(g) (Beraisa): This Mishnah is as R. Akiva, that says that engagement does not take effect by Chayavei Lavin, but Chachamim say, a Mamzer does not result from a Yevamah that married a man other than her Yavam.

1. Question: Why didn't Chachamim say, a Mamzer does not result from Chayavei Lavin?
2. Answer: These Chachamim hold as a different Tana according to R. Akiva, who says that a Mamzer results from Chayavei Lavin of kin; from regular Chayavei Lavin, no.

3) DOES ENGAGEMENT TAKE EFFECT WITH A YEVAMAH?

(a) (Rav): "The wife of the deceased will not TiHeYeH (be) to a foreign man - HavaYaH (engagement) will not take effect with a foreign man.
(b) (Shmuel): Out of our lack of knowledge, she requires a Get.

1. Shmuel is unsure if Lo Tiheyeh teaches that this is Chayavei Lavin, or if that engagement does not take effect.

(c) (Ameimar): The law is as Shmuel.
(d) (Rav Ashi): According to this, if her Yavam is a Kohen and she married a stranger, they do Chalitzah, and she is permitted to her husband.

1. Question: Do we really allow him to profit from his sin?

(e) Correction: Rather, if her Yavam is a Yisrael, her husband gives her a Get, and she is permitted to her Yavam.
(f) (Rav): a Yevamah does not have engagement; she has Nisu'in.

1. Objection: If she does not have engagement, she does not have Nisu'in!

(g) Answer #1: Rather, she has neither engagement nor Nisu'in.
(h) Answer #2: 'She has Nisu'in' in the sense of Rav Hamnuna.

1. (Rav Hamnuna): A Shomeres Yavam that had extramarital relations is forbidden to her Yavam.

(i) Answer #3: Really, Nisu'in takes effect to require a Get, because she may be confused with a woman that got married based on a lying witness.
(j) (R. Yanai): They voted and concluded, engagement does not take effect by a Yevamah.
(k) Question (R. Yochanan): Don't we learn this from a Mishnah?

1. (Mishnah): A man engages a woman to take place: after he converts; after she converts; after he/she is freed; after her husband dies; after her sister (who is his wife) dies; after she will do Chalitzah - she is not engaged.

(l) Answer (R. Yanai): Yes, the Mishnah teaches this! Had I not lifted the shards, you would not have found the pearl (had I not told you the law, you would not have seen that the Mishnah teaches it).
(m) (Reish Lakish to R. Yochanan): If not that a great man praised you, I would have said that the Mishnah is as R. Akiva, who says that engagement does not take effect by Chayavei Lavin!
(n) Question: It cannot be as R. Akiva - he holds, a person may acquire something which is not yet in the world!