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1) IS THE LAW ALWAYS AS AN UNAUTHORED BERAISA?

(a) Answer (R. Avahu): If Rebbi (who wrote the Mishnah) chose not to decide the law - how could R. Chiya (his Talmid, who codified Beraisos) decide?!
(b) Question (R. Nachum - Mishnah): A flax comb missing teeth - if 2 teeth remain, they can become Tamei; if 1 tooth remains, it is Tahor;

1. Each tooth which is taken from the comb is Tamei;

(c) A wool comb, from which every alternate tooth was taken is Tahor, if 3 remain in one place, it is Tamei;

1. If one of them is the end tooth, it is Tahor;
2. If 2 were taken, and they were made into tongs they are Tamei; if one was taken and fixed for a lamp or for stretching parchment, it is Tamei.

(d) (Summation of question): We do not hold as this Mishnah! (And you said before, the law is as a Stam Mishnah)!
(e) Answer (R. Avahu): This Mishnah is an exception - R. Yochanan and Reish Lakish both said, it is not an authentic Mishnah.
(f) Question: Why not?
(g) Answer #1(Rav Huna Bar Manoach): The beginning contradicts the end.

1. It says, a wool comb from which every other tooth was taken is Tahor - implying, if 2 remain together, it is Tamei;
2. Later, it says, if 3 remain in one place it is Tamei - implying, if 2 remain together it is Tahor!
3. Objection: Perhaps if one of the 2 is the end tooth, it is Tahor; if not, Tamei!

(h) Answer #2: Rather, This is the difficulty - it says, if individual teeth are taken, they are Tamei, even though they were not fixed for usage; later, the Mishnah says, if they were prepared for a lamp or for stretching, they are Tamei - if not prepared, they would be Tahor!

1. Objection #1(Abaye): This is not difficult - we can say, a tooth removed with a small wooden holder needs no further fixing; without this, it needs further fixing!
2. Opinion #2 (Rav Papa): This is not difficult - we can say, strong teeth need no further fixing, weak teeth need fixing!

(i) Answer #3: Rather, R. Yochanan does not rule as this Mishnah because it concludes, 'this is R. Shimon's opinion' (and is not a Stam Mishnah).
(j) (R. Chiya Bar Avin): We may engage within 3 months - we conduct thusly in practice.
(k) (R. Elazar): It suffices to wait the majority of the 1st and 3rd months, and the entire 2nd month.
(l) Ameimar permitted to engage on the 90th day.
(m) Question #1 (Rav Ashi): But Rav and Shmuel say that she must wait 3 months, excluding the day of death and day of engagement!
(n) Answer: That was said regarding a nursing woman.

1. (Rav and Shmuel): A nursing woman must wait 24 months, excluding the day the baby was born and the day of engagement.

(o) Question #2: But a man made an engagement feast on the 90th day, and Rava canceled it!
(p) Answer: That was a wedding feast.
(q) The law is, a nursing mother must wa
it 24 months, excluding the day of birth and day of engagement; all must wait 3 months, excluding the day of death and day of engagement.

(a) (Mishnah): Except for a widow ...
(b) Question (Rav Chisda): If one may engage when it is forbidden to launder, all the more so one can engage when it is permitted to launder!

1. Question: What is Rav Chisda referring to?
2. Answer: This Mishnah and Beraisa.

i. (Mishnah): The week of the 9th of Av, it is forbidden to cut hair or launder; it is permitted on Thursday, for the honor of Shabbos.
ii. (Beraisa): Before this time, we decrease work, commerce, building, and planting; we engage, but do not have Nisu'in, and do not have an engagement meal.

(c) Answer: The Beraisa permits engagement before the week of the 9th of Av.
(d) Question (Rava): We still have a Kal v'Chomer!

1. Before the week - it we may not do business, but engagement is permitted - when business is permitted, all the more so engagement is permitted!

(e) Correction: The Mishnah should read, R. Yosi says that all women may get *married* (except for a widow).

(f) Question: Is R. Yosi not concerned for discerning the father?
(g) Answer #1: Correct, he is not concerned!
(h) Answer #2: He is concerned - the Mishnah should say, all divorced from engagement may get married.
(i) Objection: But that is R. Yehudah's opinion!
(j) Answer: They argue, whether a divorcee from Nisu'in may get engaged - R. Yehudah permits, R. Yosi forbids.
(k) Question: Does R. Yosi really forbid this?

1. (Beraisa - R. Yosi): All women may get engaged, except for a widow, who must wait 30 days because of the mourning; all may not have Nisu'in until 3 months.
2. Objection: This is not difficult - this is no more conclusive than the Mishnah, which also says 'All women', and we established that it deals with divorcees from engagement!
3. Response: Rather, the difficulty is from the end of the Beraisa, which says that they may not have Nisu'in until 3 months - implying, engagement is permitted!

(l) Answer (Rava): Explain the Beraisa thusly: R. Yosi permits divorcees from engagement to have Nisu'in; widows must wait 30 days because of the mourning; women that had been married may not get engaged for 3 months.
(m) Question: Does a widow from engagement really mourn over her husband?

1. (Beraisa - R. Chiya Bar Ami): An engaged couple: If she dies - he is not considered an Onen (a bereaved that lost a relative, before burial) and is not commanded to become Tamei in burying her;
2. Similarly, she is not an Onenes and does not become Teme'ah if he dies;
3. If she dies - he does not inherit her; if he dies, she collects her Kesuvah.

(n) Answer #1: The Tana'im argue whether a woman may get engaged during mourning.

1. (Beraisa): From the 1st of Av until the fast (on the 9th) we diminish business, commerce, building, planting, engagement, and Nisu'in;
2. The week of the 9th, it is forbidden to cut hair and launder; some say, the entire month is forbidden.
3. Question (Rav Ashi): Perhaps the Beraisa only prohibits an engagement meal, but engagement itself is permitted!
4. Counter-question: If so - regarding Nisu'in, will we say that only the meal is forbidden, but Nisu'in itself is permitted?!
5. Answer: That is not comparable. Nisu'in is joyous, even without a meal, but this is not true of engagement!

(o) Answer #2 (Rav Ashi): Rather, we are more stringent over the loss of a spouse, since this is a new mourning, of an individual; the mourning over the Churban is an old mourning, of the congregation, and we are lenient.

(a) (Mishnah): 4 brothers are married to 4 women; the brothers died. If the oldest wants to do Yibum to all of them, he may;
(b) A man that was married to 2 women and died, Yibum or Chalitzah of 1 exempts the other;