Yevamos - Daf 37
- Why we do not go according to the majority with a ספק בן תשעה לראשון וספק בן שבעה לאחרון
The Mishnah on Daf 35b had stated: ספק בן תשעה לראשון ספק בן שבעה לאחרון יוציא והולד כשר וחייבין באשם תלוי – If the child is possibly the nine-month old baby of the deceased brother or possibly the seventh-month old baby of the yavam, the yavam must divorce the yevamah, the child is kosher to marry a Jew, and they are obligated to bring an asham talui. On this Daf, Rava asked Rav Nachman: לימא הלך אחר רוב נשים – Let us say that we go after most women, and the majority give birth at nine months, making this the child of the deceased brother and the yavam and yevamah will have transgressed the issur of אשת אח making them liable in a chatas, not an asham? Rav Nachman answered, that since רוב היולדת לתשעה עוברה ניכר לשליש – In the case of most women who give birth at nine months, her fetus is noticeable at a third of her days, and since in the case of the yevamah, her fetus was not noticeable at three months, איתרע ליה רובא – going according to the majority in her case is weakened with respect to her.
- The Rabbis married women when they travelled
Rebbe Eliezer ben Yaakov said: לא ישא אדם אשה במדינה זו וילך וישא אשה במדינה אחרת – A man should not marry a woman in one state and then marry a woman in another state, lest their children from these two marriages come together, resulting in a brother marrying a sister. The Gemara asks if this is so, given that certain Amoraim took wives in different states to maintain their level of purity while traveling. Whenever Rav or Rav Nachman would visit a place, they would seek a woman who would be willing to marry them for the days they were there, and then get divorced. The Gemara answers: שאני רבנן דפקיע שמייהו – The Rabbis were different, because they were famous, so the children would be well known as their offspring. When Rava asked how this was possible, given that the women were required to observe seven clean days before the wedding, the Gemara answers that the Rabbis would send a messenger seven days in advance so the women could prepare. Another answer was that the Rabbis would only live privately with them but would not engage in marital relations, לפי שאינו דומה מי שיש לו פת בסלו למי שאין לו פת בסלו – because there is no comparison between one who has bread in his basket to one who has no bread in his basket.
- When the safek child and the yavam come to take the estate of the deceased brother
On this Daf, the Gemara brings the first four of eight cases regarding disputes of inheritance that can result when there is a safek if the child is the nine-month baby of the deceased brother or the seventh-month baby of the yavam. The first case is: ספק ויבם שבאו לחלוק בנכסי מיתנא – The safek child and the yavam come to take possession of the estate of the deceased brother. The safek child says that he is the son of the deceased brother and therefore the estate is his. The yavam claims that the safek child is his son, and that he has no right in the estate. This is a case of ממון המוטל בספק – money that lies in doubt, since both sides have legitimate claims, וממון המוטל בספק חולקין – and money that lies in doubt is divided between the parties.
