Two different versions of Shmuel’s statement are brought regarding what case does a woman not need to wait three months before marrying. Is it regarding a Canaanite slave and a gentile who are minors or is referring to them, but over 12? If his statement is referring to older women, then one can infer that Jewish girls who are minors also do not have to wait three months and that it is regarding cases of znut, licentious relations. If so, why are we not concerned about gentile women engaging in licentious behavior? We assume they use birth control, as is found in the opinion of Rabbi Yosi. Why can we assume that? The Mishna mentioned that kohanot who were accidentally switched after the marriage are disqualified from the kehuna. What does this mean? The fourth chapter begins with a case where chalitza or yibum was performed and then they realized the woman was pregnant. Normally we wait three months before doing yibum or chalitza for this reason, but the Mishna discusses a case where they didn’t wait. If the baby does not survive, the chalitza or yibum was retroactively valid. If the baby survived, it is invalid and has no ramifications for forbidding relationships with each of their relatives. However, if yibum was performed, they will need separate (without divorce, as the marriage was invalid) and bring a sin offering. If it is unclear to whom the child belongs, we make the couple separate, the child is fine no matter what as either way was born to a legitimate father and the couple needs to bring a hanging guilt offering. Rabbi Yochanan and Reish Lakish debate about whether the woman needs to do chalitza again if she was pregnant when she did chalitza and the baby didn’t survive. Each explains their approach and questions are raised against each opinion from our Mishna.
Yevamot 35
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This week’s learning is sponsored by Robert and Paula Cohen in loving memory of Joseph Cohen, Yosef ben Moshe HaCohen, z”l. “He was hard working, loved to sing, esp. as a chazan, and was very dedicated to his family and community.”
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Delve Deeper
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Through the Prism of Law and Narrative: Yibum and the Biblical Woman with Dean Rachel Friedman
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