Yevamos 37a
יבמות ל״ז ע״א
Yevamot 37a
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Topic
Leniencies for a כהן's wife, the three-month waiting period, a baby born at seven months, and the status of a doubtful ממזר
Overview
The amud opens by settling two reports of רבא's ruling. He said the lenient version in the evening and took it back in the morning, and רב משרשיא sharply protests permitting the woman without חליצה. Next, the גמרא asks whether the חכמים made a special arrangement for a כהן married to a woman pregnant with, or nursing, another man's child. The answer is no: every opinion there requires a גט, so there is no lenient view to rely on. רב אחא and רפרם then argue about a man who betrothed a woman during her three-month waiting period and ran away, and רפרם rules that his running away is enough. Back in the משנה, רבא asks why a baby born seven months after יבום is only a doubt when most women give birth at nine months. רב נחמן explains that most nine-month pregnancies show by the third month, and this one did not, so the majority is weakened. A ברייתא then discusses whether a second child is a doubtful ממזר. אביי and רבא read it in opposite ways, and their argument rests on whether the הלכה follows רבי אלעזר, as רב ruled, or הלל's list of family groups, as שמואל ruled.
Opening lines
בְּאוּרְתָּא אֲמַר רָבָא הָכִי,
In the evening Rava said it this way,
וּבְצַפְרָא הֲדַר בֵּיהּ.
and in the morning he retracted it.
אֲמַר לֵיהּ: שְׁרִיתוּהָ?
He said to him: You permitted her?
יְהֵא רַעֲוָא דְּתִשְׁ(תְּ)רוֹ אַף תַּרְבָּא.
May it be His will that you permit even forbidden fat!
The steps (22)
- Resolutionרבא changed his mind overnight
- Challengeרב משרשיא objects sharply to the leniency
- QuestionIs there a special arrangement for a priest who married a pregnant or nursing woman?
- ResponseWhy the earlier case allowed leniency
- ConclusionNo opinion lets the priest skip the bill of divorce
- StatementA man betroths during the three months and runs away
- ConclusionIn a real case, רפרם said running away is enough
- ChallengeWhy not follow the majority of women?
- ResolutionWomen in our family give birth at seven months
- ChallengeIs your family the majority of the world?
- ResolutionThis woman's majority is weakened
- ChallengeIf every nine-month pregnancy shows, the baby is surely the יבם's
- ResolutionMost nine-month pregnancies show, so the majority is only weakened
- Statementברייתא: first child kosher, second child a doubtful ממזר
- QuestionWhat does the ברייתא mean?
- Responseאביי: the first view treats him as a doubt and forbids a ממזרת
- Responseרבא: the opposite reading of the ברייתא
- Responseאביי and רבא disagree about רבי אלעזר's rule
- Statementרב rules like רבי אלעזר
- Challengeשמואל challenges with הלל's list of ten groups
- Responseאביי follows שמואל and reads רבי אליעזר בן יעקב to fit הלל
- Responseרבא follows רב and reads רבי אליעזר בן יעקב to fit רבי אלעזר