Yevamos - Daf 35
- An adult giyures or shifchah who was freed does not need to wait three months to marry
The Mishnah on Daf 33b taught that kallahs who inadvertently had relations with the wrong husbands at the time of their chuppah, must wait three months before returning to their husbands, so if they become pregnant, it can be determined who the father is. The Gemara brought a related ruling from Shmuel, and on this Daf brings an alternative version. Shmuel said: כולן צריכות להמתין שלשה חדשים חוץ מגיורת ומשוחררת גדולה – All of them, referring to women who had relations and then want to remarry, need to wait three months, except for a woman who converted as an adult and a slavewoman who was freed as an adult. When the Gemara suggests that the Rabbanon should be gozeir for these women to wait as well, since it is common for them to have illicit relations, it answers that Shmuel is going according to Rebbe Yose, who holds that a giyores, a shevuyah (captive woman) and a shifchah do not need to wait three months. After Rabbah’s explanation of Rebbe Yose is challenged, Abaye explains that the reason that they do not have to wait is אשה מזנה מתהפכת שלא תתעבר – a woman who engages in z’nus inverts herself after having relations so that she does not become pregnant. Rashi explains that since this is an easy method of birth control, it is used by all women who have illicit relations because they do not want to become pregnant.
- אם היו כהנות נפסלו מן התרומה
The Mishnah had stated: ואם היו כהנות נפסלו מן התרומה – If the kallahs were daughters of Kohanim, they are passul from the eating of terumah. When the Gemara challenges this, since daughters of Yisraelim, married to Kohanim would also be passul from eating terumah, it emends the Mishnah to read: אם היו נשי כהנים – If they were wives of Kohanim. The Gemara challenges this as well and says that the same din should apply to wives of Yisraelim, based on what Rav Amram said: The following was taught to us by Rav Sheishess, and he enlightened our eyes with a proof from a Mishnah: אשת ישראל שנאנסה אף על פי שמותרת לבעלה פסולה לכהונה – The wife of a Yisrael who was violated, even though she is permitted to her husband, she is forbidden to the Kehunah, referring to marrying a Kohen if her husband dies. Rava answers that the Mishnah should be read as “daughters of Kohanim,” and is teaching, אם היו כהנות נשואות לישראל נפסלו מן התרומה דבי נשייהו – If they were daughters of Kohanim who are married to Yisraelim, they are passul from eating terumah from their Kohanic homes. Rashi explains that even though a בת כהן who was violated while married to a Yisroel, is not prohibited to her husband, if he were to die, she would not be able to return home and eat terumah.
- החולץ למעוברת והפילה
The Gemara brings a machlokes Amoraim in the beginning of the fourth perek regarding החולץ למעוברת והפילה – one who does chalitzah with a pregnant woman and then she miscarries. Rebbe Yochanan says she does not need chalitzah from the brothers, since the chalitzah is now seen to be valid, whereas Reish Lakish says she does require chalitzah again from one of the brothers since the first chalitzah was not valid. The Gemara teaches their machlokes can be explained based on pesukim, and on sevarah. In terms of sevarah, Rebbe Yochanan holds that if Eliyahu would come and say that this woman will miscarry, is she not fit for yibum and chalitzah now while she is pregnant? Therefore, השתא נמי תגלי מילתא למפרע – now too, the matter is revealed in retrospect that she was fit for yibum and chalitzah. But Reish Lakish holds that we do not say that the matter is revealed in retrospect. The Gemara will bring proofs and challenges to each of their positions.
