The Eddie B. Sit Edition, an audio series of the Talmud Bavli, specifically Gemara Yevamot, has been dedicated and sponsored by our dear friend Mr. Isaac Jamal and his wife in honor of his family. May they merit success and blessing in all their endeavors. We pray that he should be blessed to raise his children in the ways of the Torah and that they should bring him much nachat. Additionally, may he be granted many more children, with health and happiness, and may he find favor and kindness in the eyes of God and man. May he and his entire family experience abundant blessings, Amen.
As we study Masechet Yevamot, it is important to note that many of the cases require diagrams for clarity. We have chosen the Sefer Tziyurim L'masechet Yevamot, written by Aharon Shlomo ben Rabbi Baruch Moshe Hafner, as our reference for these diagrams, which are available in bookstores. When we refer to pages, we are using this Sefer. Today's Daf is being studied for the elevation of the soul of Avraham ben Esther, and may the soul of the Holy One, blessed be He, find rest in Gan Eden, Amen. We also dedicate today's Daf for the elevation of the soul of Chaim ben Victoria, with the same prayer for rest in Gan Eden, Amen.
We begin today's Daf eleven lines down from the top of the Amud. Itmar: Let’s consider a scenario where a man made kiddushin to a woman within three months of her becoming a divorcee or widow. The halacha states that one is not permitted to marry within three months of such a status to discern the lineage of any child born from that union. This three-month period provides clarity regarding whether any resulting child belongs to the first husband or the second. If she is pregnant during this period, it is evident that the child is from the first husband. However, if the man did not wait and performed kiddushin, the Sages were against this practice. If he made kiddushin and then fled, meaning he did not consummate the marriage, we have a machloket between Rav Aha and Rafram.
One opinion states that he is put in cherem, meaning he is excommunicated and compelled to give a get, as a punishment for contravening the rabbinical enactment. The other opinion suggests that since he fled, it indicates that he is not interested in consummating the marriage, and thus, he should not be punished, as he remains married. The fleeing serves as evidence of his intention not to marry within the prohibited time frame.
Rashi comments on the phrase that begins with "kiddushin within three," indicating that if the man fled, it reveals his intention not to enter into marriage at that time. This presents a significant machloket regarding the consequences of the man's actions. There was a case where a man made kiddushin within three months and then fled. Rafram stated that his fleeing supports the argument that he did not intend to marry, and therefore he should not be forced to divorce.
The Gemara continues with a quote from the Mishnah: Safek ben tisha. The last case in the Mishnah discusses a situation where a person married or performed yibum with a woman within two months of her becoming a widow. If a child is born nine months later or seven months later, we face uncertainty regarding whether the child belongs to the first husband (a nine-month baby) or the second (a seven-month baby). The Gemara states that while the child is kasher, since it is uncertain from which husband the child comes, the husband may have transgressed an issur by engaging with his brother's wife. As a result, he must bring an asham taluy.
The Gemara raises a question: Why not follow the majority of women, who typically give birth after nine months? If the majority give birth at nine months, we should assume that the child belongs to the first husband, and thus the husband should bring a korban chatat instead of an asham taluy. Rav Abba asks Rav Nachman why we only assume an asham taluy instead of a definite sin. Rav Nachman responds that our women typically give birth at seven months.
Rav Abba counters, asking if the women of their time are considered the majority. He asserts that the majority of women give birth after nine months, and therefore, the assumption should be that the child belongs to the first husband. The Gemara clarifies that while it is true that most women give birth after nine months, those who give birth after seven months should not be dismissed. The discussion emphasizes that every woman who gives birth after nine months shows signs of pregnancy after three months. However, if a woman does not show signs after three months, it weakens the assumption that she will give birth after nine months.
The Gemara suggests that if all women who give birth after nine months show signs after three months, then the absence of signs indicates that the child is likely a seven-month baby. Thus, the majority assumption becomes weakened. The Gemara concludes that the uncertainty regarding the child's lineage necessitates the bringing of an asham taluy.
Rav Akiva Eiger raises a question regarding the timing of a seven-month baby. He argues that a woman would begin to show signs after two months and ten days into the pregnancy. He suggests a scenario where a woman, after two months and ten days, begins to show signs of pregnancy, leading to uncertainty regarding the child's parentage. Rabbi Akiva Eiger expresses confusion as to why the Gemara did not mention this case, which would also lead to uncertainty regarding the child's lineage.
The Aruch Laner responds that the three-month rule applies universally, regardless of when the child was born. Therefore, the Gemara can only present cases where the woman did not show signs after three months, which weakens the assumption of a nine-month baby.
The Gemara states that the child born from this marriage is kasher. If the child is from the first husband, then the marriage is legitimate. If the child is from the second husband, it is considered yibum, but there is still uncertainty regarding the first husband's status. The Gemara continues to discuss the implications of this uncertainty, particularly concerning the status of subsequent children born from the second marriage.
According to the Tanna Kamma, the second child is a safek mamzer, as there is uncertainty regarding whether the first child belongs to the first husband. Rabbi Eliezer ben Yaakov argues that there is no such thing as a safek mamzer. The Gemara explores the reasoning behind their differing opinions, focusing on the implications of uncertain lineage.
The discussion centers on the interpretation of the status of children born from uncertain parentage and the halachic ramifications of such uncertainty. The Gemara concludes with a focus on the importance of lineage and the need for clarity in matters of marriage and family.