Gemara Clarity

Yevamos 41b

יבמות מ״א ע״ב

Yevamot 41b

Learn Yevamos 41b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Yevamos 41b in Gemara Clarity

Topic

Why a יבמה waits three months before חליצה, and who must support a יבמה while she waits

Overview

This amud opens with the last words of the משנה, where רבי יוסי says a widow may not become betrothed during the three months because she is mourning. The גמרא then asks why a יבמה may not do חליצה in the first three months, when only יבום risks the Torah prohibition of אשת אח. It first tries to use this to disprove רבי יוחנן, who holds that חליצה with a pregnant woman counts. It rejects that attempt and offers two reasons for the wait in turn: fear of confusion about her fitness to marry a כהן, and loss of her מזונות. Each reason fails for some type of woman. In the end the גמרא relies on רבי יוסי, who learns from ״ואם לא יחפץ״ that only a woman fit for יבום can do חליצה. רב חיננא challenges this from doubtful cases, such as two sisters, where a woman does חליצה but not יבום. The גמרא answers that the three-month wait is a fixed rule that even applies to a קטנה, so a woman in those months is truly unfit for יבום. The amud then covers who must support a יבמה, including the ruling that a woman waiting for a minor יבם gets nothing. It closes with a ברייתא that a woman who did חליצה within three months must still wait three months.

Opening lines

מִפְּנֵי הָאִיבּוּל.

because of the mourning.

גְּמָ׳

Gemara:

בִּשְׁלָמָא לֹא תִּתְיַיבֵּם:

It makes sense that she should not do levirate marriage:

שֶׁמָּא יִהְיֶה הַוָּלָד בֶּן קַיָּימָא,

perhaps the baby will be viable,

The steps (23)

  1. StatementEnd of the משנה: because of mourning
  2. QuestionNo יבום makes sense, but why no חליצה?
  3. ChallengeDoes this disprove רבי יוחנן?
  4. QuestionWasn't he already disproved? Then this is another disproof
  5. RejectionA different reason: she would need an announcement for the priesthood
  6. ChallengeWhy not just make a public announcement?
  7. ResolutionNot everyone hears the announcement
  8. ChallengeThat reason fails for a divorcée
  9. ResolutionShe would lose her support payments
  10. ChallengeThat reason fails for a betrothed divorcée
  11. ResolutionTurning to רבי יוסי's ruling
  12. Responseרבי יוסי's verse: only someone fit for levirate marriage can do the release ceremony
  13. Challengeרב חיננא objects: doubtful cases do חליצה but not יבום
  14. QuestionWhich doubtful case is meant? Not a doubtful betrothal
  15. ChallengeThe case must be two sisters, and she does the release ceremony
  16. RejectionThe doubtful-sisters case is not like the three-month wait
  17. ProofProof from a קטנה that the wait does not depend on the facts
  18. StatementWho supports a יבמה during and after the first three months
  19. StatementA יבם who runs away from בית דין must support her
  20. QuestionWhat if the יבם is a minor?
  21. Responseרב אחא and רבינא disagree
  22. ConclusionThe ruling: she gets no support
  23. Statementחליצה within three months still needs a wait