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1) WHO MUST WAIT BEFORE MARRYING?

(a) Chachamim decreed that a minor must wait on account of an adult.
(b) Question: Do we make such a decree?

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

(c) Answer #1 (Rav Gidal): That was a special one-time ruling.
(d) Question: This implies, the case happened?!
(e) Correction: Rather, it was as a one-time ruling; it is not common that the wives are mixed up.
(f) Version #2 (Shmuel): All women that had relations must wait 3 months before marrying someone else, except for an adult that converted or was freed from slavery; a minor Yisraelis need not wait.
(g) Question: What is the case of the minor?

1. Suggestion #1: If she did Mi'un - Shmuel already said that she need not wait!
2. Suggestion #2: If she was divorced - Shmuel said that she must wait!

i. (Shmuel): If she did Mi'un, she need not wait 3 months; if he gave her a Get, she must wait.

(h) Answer: The minor had extramarital relations.

1. Since extramarital relations is uncommon, we do not decree on account of an adult.

(i) Question: extramarital relations is common for a convert or freed slave (before the conversion/freedom) - we should decree!
(j) Answer: Shmuel holds as R. Yosi.

1. (Beraisa - R. Yehudah): A girl that converted, was freed from captivity, or was freed from slavery must wait 3 months; R. Yosi permits her to get engaged and married immediately.

(k) (Rabah): R. Yosi holds that a woman that has extramarital relations uses a cloth to prevent pregnancy.
(l) Question (Abaye): We understand, a convert intended to convert, and guarded herself so she would know whether or not her child was fathered in sanctity or not.

1. We also understand, a captive or freed slave - she heard from her masters (that she will be taken to a place where they will redeem her/she will be freed).
2. A slave that goes free because the master destroyed her tooth or eye - why would she have been careful? 3. Suggestion: If you will say that R. Yosi admits in such a case - but a Beraisa says otherwise!

i. (Beraisa - R. Yehudah): A girl that is seduced or raped must wait 3 months; R. Yosi permits her to be engaged or married immediately.

(m) Answer (Abaye): R. Yosi says, a girl that is raped will turn over (so the semen will fall out and she will not become pregnant).

1. R. Yehudah is concerned, perhaps she did not turn over well.

(n) (Mishnah): If they are Kohanos ...

1. Question: Only a Kohenes is disqualified from Trumah, not a Yisraelis?
2. Answer: It means, if they were wives of Kohanim.
3. Question: Only a Kohen's wife is disqualified, not a Yisrael's wife?

i. (Rav Amram): This may be learned from a Mishnah!
ii. (Mishnah): The wife of a Yisrael that was raped, even though she is permitted to her husband, is disqualified from Kehunah!

4. Answer (Rava): The Mishnah teaches, if they are Kohanos married to Yisraelim, they are disqualified from eating Trumah (should they return to) their fathers' houses.

2) YIBUM AND CHALITZAH OF A PREGNANT WOMAN

(a) (Mishnah): A Yevamah that does Chalitzah and is found to be pregnant: if she gives birth to a viable baby, the Yavam may marry her relatives, she may marry his relatives, and she may marry a Kohen;
(b) If the baby is not viable, he is forbidden to her relatives, she is forbidden to his and to a Kohen;
(c) A Yevamah that does Yibum and is found to be pregnant: if she gives birth to a viable baby, the Yavam must divorce her, and they must bring a sin-offering;
(d) If the baby is not viable, they may remain married;
(e) If there is doubt whether the baby was born 9 months after conception from the deceased, or 7 months after conception by the Yavam: the Yavam divorces her, the child has proper lineage (i.e. is not a Mamzer), and they bring the sacrifice of one in doubt if he sinned.
(f) (Gemara): One who does Chalitzah to a pregnant woman - R. Yochanan says, she does not need Chalitzah from the brothers; Reish Lakish says that she does.

1. R. Yochanan says that Chalitzah of a pregnant woman is Chalitzah, Yibum of a pregnant woman is Yibum;
2. Reish Lakish says that Chalitzah of a pregnant woman is not Chalitzah, Yibum of a pregnant woman is not Yibum.

(g) We can say that the argument is based on interpretation of verses, or on reasoning.

1. The argument can be based on reasoning - R. Yochanan says, if Eliyahu would come and tell us that she is pregnant with a non-viable baby, we would say that she can do Yibum or Chalitzah - even though he didn't come, we see that the baby was not viable - , retroactively, we know that she was fitting for Yibum or Chalitzah!

i. Reish Lakish says that we do not apply retroactive reasoning.

2. We can say that they argue how to interpret a verse - "A son Ain (is not) to him".

i. R. Yochanan says, this was fulfilled!

3. Reish Lakish expounds "Ayen" (look into) him (to see if he will have a son).

(h) Version #1 - Question (R. Yochanan - Mishnah): If the baby is not viable, he is forbidden to her relatives, she is forbidden to his and to a Kohen.

1. As I hold, this is understandable - since the Chalitzah is valid, she is forbidden to his relatives and a Kohen.
2. According to Reish Lakish, the Chalitzah is invalid - why is she forbidden?
3. Answer: This is just a Rabbinic stringency.

(i) Version #2 - Question (Reish Lakish - Mishnah): If the baby is not viable, he is forbidden to her relatives, she is forbidden to his and to a Kohen.

1. As I hold, this is understandable - since the Chalitzah is invalid, we learn that she is forbidden to his relatives and a Kohen - a stringency - but we do not learn that Chalitzah is not needed from the brothers.
2. According to R. Yochanan, the Mishnah should say that no further Chalitzah is needed!
3. Answer: Correct! But since the beginning of the Mishnah spoke of the prohibition of relatives, the end also spoke of this.

(j) Version #1 - Question (R. Yochanan): (When they did Yibum), if the baby is not viable, he keeps her (as a wife).

1. As I hold, this is understandable - since the Yibum is valid, he keeps her.
2. According to Reish Lakish, the Yibum was invalid - the Mishnah should say, they do Yibum again, and he keeps her!
3. Answer: When it says, he keeps her - it means, he does Yibum again and keeps her!

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

(k) Version #2 - Question (Reish Lakish): (When they did Yibum), if the baby is not viable, he keeps her.

1. As I hold, this is understandable - since the Yibum was invalid, he does Yibum again and keeps her - less is insufficient.
2. According to R. Yochanan, the Yibum was valid - the Mishnah should say, he may divorce or keep her!
3. Answer: Correct! But since the beginning of the Mishnah said he divorces her, the end says that he keeps her.

(l) Question (Beraisa): A woman does Yibum, and is 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: Rather - ... lest the baby is not viable.

i. If the Yibum of a pregnant woman is valid - why can't the Tzarah marry - she is exempted by the Yibum!

(m) Answer #1(Abaye): All agree that Yibum of a pregnant woman does not exempt; they argue by 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.

(n) Objection (Rava): Either way is illogical!

1. If the Yibum is valid, so is the Chalitzah!
2. If the Yibum is invalid, so is the Chalitzah!