Yevamos - Daf 41
- מתה אשתו מהו ביבמתו
The Gemara asks: מתה אשתו מהו ביבמתו - What is the din in a case of where a brother was mekadesh the sister of a yevamah who was waiting for yibum, and the sister dies? Is the brother permitted to the yevamah? Rashi explains that the question is, do we say that since his wife died, the issur of a wife’s sister is removed and he may marry the yevamah? Or do we say that since at the time the yibum took effect she was prohibited to him as his wife’s sister, even though the issur of a wife’s sister is removed, the issur of אשת אח took effect, and she is considered like the wife of a brother who has children, and is forbidden to him forever? Rav and Rebbe Chanina both say, he is permitted to take the yevamah, and Shmuel and Rav Assi say that he is forbidden to take her. Rava said that Rav’s reason for permitting the yevamah is משום דהואי יבמה שהותרה ונאסרה וחזרה והותרה – because she is a yevamah who was initially permitted to the yavam, then forbidden, and then permitted again, תחזור להיתירה הראשון – therefore, it is logical she returns to her permitted state. Shmuel and Rav Assi hold כיון שעמדה עליו שעה אחת באיסור נאסרה עליו עולמית – since the yevamah stood before the yavam in a forbidden state for even one moment, she is forbidden to him forever.
- Why a women may not do chalitzah within the first three months that her husband passed away
The next Mishnah states: היבמה לא תחלוץ ולא תתייבם עד שיש לה שלשה חדשים – A yevamah may not perform chalitzah and is not taken in yibum until three months have passed since her husband’s death. The Gemara asks, that while it is understandable that she may not do yibum, since it is possible that she may be pregnant and if the child will be viable, the yavam will have transgressed the issur of אשת אח, but why may she not do chalitzah? After the first few explanations are rejected, the Gemara concludes that she may not do chalitzah based on what Rebbe Yose taught regarding chalitzah, where the passuk states: "אם לא יחפוץ" – and if the man does not wish to take his yevamah in yibum. This implies that if he would wish to, he could take her in yibum. From here we learn, כל העולה לייבום עולה לחליצה וכל שאינו עולה לייבום אינו עולה לחליצה – Whoever can do yibum, can do chalitzah, and whoever cannot do yibum cannot do chalitzah. This is the reason that chalitzah cannot be done the first three months, since yibum cannot be done then.
- Who supports the yevamah before the yibum is done?
It was taught in a Baraisa: יבמה שלשה חדשים הראשונים נזונת משל בעל – A yevamah, the first three months after her husband’s death, she receives financial support from her husband’s estate. From then on, she receives no support, neither from her husband’s estate or from the yavam. עמד בדין וברח נזונת משל יבם – If he, the yavam, was brought to din by the yevamah for refusing to do yibum or chalitzah, and he ran away, then she is supported from the yavam’s property. The Gemara notes that if a yevamah fell to a yavam katan, a minor, she receives no support from the yavam, and asks if she receives support from the husband’s estate. Rav Acha and Ravina disagree, one says she does and the other says she does not, and the halachah is she does not receive support, משמיא קנסוה – she has been penalized by Shomayim. Her husband is not responsible for her losing out.
