Yevamos - Daf 30
- הרי זו אסורה עליו עולמית הואיל ונאסרה עליו שעה אחת
The third Mishnah on the Daf brings a case of three brothers, two of whom were married to two sisters, ואחד נשוי נכרית - and one was married to an unrelated woman. One of the sisters’ husbands died childless and the brother married to the unrelated woman took her in yibum. Then the second brother’s wife died, and then the one married to the unrelated woman died childless, leaving both his original wife and the wife he took in yibum, to the second brother, whose deceased wife was the sister of the yevamah. הרי זו אסורה עליו עולמית הואיל ונאסרה עליו שעה אחת – Behold the sister of his deceased wife is forbidden to him forever since she was forbidden to him at one time when her first husband passed away and she fell to him in yibum.
- ספק קידושין וספק גירושין
The fifth Mishnah on the Daf states: וכולן – And in all them, referring to the fifteen cases of arayos listed in the first Mishnah, שהיו בהן קדושין או גרושין בספק הרי אלו הצרות חולצות ולא מתייבמות – if they were in a state of a safek kiddushin or geirushin, their tzaros require chalitzah since there is a possibility that they are not tzaros of an ervah, but may not be taken in yibum, since there is a possibility that they are tzaros of an ervah. What is the case of safek kiddushin? זרק לה קדושין ספק קרוב לו ספק קרוב לה – If the husband, who has since passed away, had thrown the kiddushin, referring to either money or the shtar, to the ervah, and it was a safek whether it landed closer to him or whether it landed closer to her. Rashi explains that they were standing in a reshus harabim, where the Rabbis established that a person acquires an object within their dalet amos, and they were standing exactly eight amos apart. There is a safek whether it landed in her dalet amos, in which it would be considered that she received the kiddushin, or it landed in his dalet amos. A safek geirushin is where the husband wrote the get but there are no witnesses, or there were witnesses but it has no date on it, or it has a date but only one witness signed it.
- The difference between the safek kiddushin and safek geirushin
The Gemara notes that the Mishnah did not present a case of safek geirushin where a get was thrown and it was a safek if it landed closer to him or to her, like it did with a safek kiddushin. Rashi explains that this implies that in such a case the divorce would not be valid, and the tzarah would not even require chalitzah since she is considered a tzarah of an ervah. The Gemara asks why is divorce different, and Rabbah answered: אשה זו בחזקת היתר לשוק עומדת – This woman, referring to the tzarah of the ervah, had a chazakah of one who is permitted to marry anyone after her husband’s death, ומספק אתה בא לאוסרה – and on account of a safek you are coming to prohibit her. אל תאסרנה מספק – Do not prohibit her based on a safek. Abaye said to Rabbah: If so, in a case of a safek kiddushin we should say the same thing: אשה זו בחזקת היתר ליבם עומדת ומספק אתה בא לאוסרה אל תאסרנה מספק – This woman prior to the safek kiddushin, had a chazakah of being permitted to the yavam in the event of her husband’s death, and an account of a safek you are coming to prohibit her. Do not prohibit based on a safek! The Gemara answers: התם לחומרא – There, in the case of the safek kiddushin, the tzarah is prohibited to the yavam as a chumrah. The analysis of this sugya continues onto the next Daf.
