Yevamos - Daf 36
- נמצא אתה מצריכה כרוז לכהונה
Rebbe Elazar attempts to bring a Mishnah that supports Reish Lakish, who says that חליצת מעוברת לא שמה חליצה – a chalitzah of a pregnant woman is not a valid chalitzah even if she miscarries, for the Mishnah taught: If a woman’s husband and her tzarah went overseas and they came back and reported that her husband was dead, she cannot marry or be taken in yibum until she determines whether her tzarah is pregnant. Rebbe Elazar said that it makes sense that she cannot do yibum, for perhaps the child will be viable, and the yavam would be transgressing the d’Oraysa of אשת אח. But why can she not do chalitzah within the nine months, if chalitzah of a pregnant woman is valid, and then remarry after the nine months have passed? This implies that a chalitzah of a pregnant woman is not valid. The Gemara rejects this proof and explains that the reason this woman may not do chalitzah and remarry until she determines whether her tzarah had a child, is that perhaps the tzarah had a viable child, ונמצא אתה מצריכה כרוז לכהונה – and it will come out that you will require an announcement that she is fit to marry into the Kehunah. It would be declared that her earlier chalitzah was not effective, and she is not a chalutzah to be forbidden to Kohanim. The Gemara clarifies that we are concerned that if someone was not at the announcement, they might come to think we are permitting a chalutzah to a Kohen.
- The halachah is like Reish Lakish who holds קנין פרות לאו כקנין הגוף
Rava said that the halachah goes according to Reish Lakish in three issues, one of them being that חליצת מעוברת לא שמה חליצה. The third matter related to a case where a father signed over his properties to his son to be acquired after the father’s death, where the father retains rights to the produce until his death. מכר הבן בחיי האב ומת הבן בחיי האב – If the son sold the property during his father’s lifetime and the son died during the father’s lifetime, Rebbe Yochanan says: לא קנה הלוקח – The buyer did not acquire the property upon the father’s death, but Reish Lakish says: קנה הלוקח – The buyer has acquired the property upon the father’s death. The Gemara explains that Rebbe Yochanan holds קנין פרות כקנין הגוף דמי – that ownership to the rights of the produce, which the father still had, is in effect ownership of the principal of the land. Therefore, the son’s sale does not have legal standing. Reish Lakish holds that they buyer does acquire the land since קנין פרות לאו כקנין הגוף – the ownership of the rights to the produce is not considered as if he still owns the land.
- Rebbe Eliezer holds that a yavam must divorce a yevamah he married if the child was not viable
The Mishnah taught that if one marries his yevamah and she is found to be pregnant, if the child is not viable, he keeps her as his wife. The Gemara here brings a Baraisa with an opposing opinion, that taught: In the name of Rebbe Eliezer they said: יוציא בגט – he must divorce with a get. Rashi explains that even though the yibum is valid since the child was not viable, the Rabbanon penalized him and required divorce because by marrying the yevamah who was possibly pregnant, he risked violating the d’Oraysa issur of אשת אח. The get alone is sufficient here without chalitzah since it was revealed in the end that the yibum was valid. The Gemara compares Rebbe Eliezer’s din, with Rebbe Meir, who holds that if one married the pregnant or nursing ex-wife of someone, יוציא ולא יחזיר עולמית – he must divorce her and never take her back[ss1] . The Gemara questions this comparison.
