## Yevamot Daf 41b

###### Yevamot 41b:1
[Yevamot 41b:1](https://torahapp.org/share/book/Yevamot/r/41b:1)

מִפְּנֵי הָאִיבּוּל.

**William Davidson Edition - English:**
**due to the mourning** period she must observe for her deceased husband.


###### Yevamot 41b:2
[Yevamot 41b:2](https://torahapp.org/share/book/Yevamot/r/41b:2)

**גְּמָ׳** בִּשְׁלָמָא לֹא תִּתְיַיבֵּם: שֶׁמָּא יִהְיֶה הַוָּלָד בֶּן קַיָּימָא, וְקָא פָגַע בְּאִיסּוּר אֵשֶׁת אָח דְּאוֹרָיְיתָא. אֶלָּא לֹא תַּחְלוֹץ, אַמַּאי?

**William Davidson Edition - English:**
**GEMARA:** The Gemara questions the mishna’s opening clause: **Granted, she should not enter into levirate marriage,** as she might already be pregnant, which would still not be noticeable during the first three months, and **perhaps the baby will be viable.** In that case it would emerge that she was never subject to the mitzva of levirate marriage, **and** therefore, if the *yavam* consummates a levirate marriage **he will have encountered the Torah prohibition against** engaging in relations with one’s **brother’s wife. However, why should she not perform *ḥalitza*?**


###### Yevamot 41b:3
[Yevamot 41b:3](https://torahapp.org/share/book/Yevamot/r/41b:3)

לֵימָא תֶּיהְוֵי תְּיוּבְתָּא דְּרַבִּי יוֹחָנָן, דְּאָמַר: חֲלִיצַת מְעוּבֶּרֶת שְׁמָהּ חֲלִיצָה. וְלָאו מִי אוֹתְבִינֵּיהּ לְרַבִּי יוֹחָנָן חֲדָא זִימְנָא?! לֵימָא מֵהָא נָמֵי תֶּיהְוֵי תְּיוּבְתָּא!

**William Davidson Edition - English:**
The Gemara suggests: **Let us say** that this mishna, which states that a pregnant woman should not perform *ḥalitza*, **is a conclusive refutation of** the opinion of **Rabbi Yoḥanan, who said** that **a *ḥalitza*** performed **with a pregnant woman** who later miscarries **is considered** a valid ***ḥalitza*.** The Gemara asks: **But didn’t they** already **conclusively refute** the opinion of **Rabbi Yoḥanan one time** previously from other sources? The Gemara rephrases the suggestion: **Let us say** that **from this** mishna **as well there is a conclusive refutation** of the opinion of Rabbi Yoḥanan.


###### Yevamot 41b:4
[Yevamot 41b:4](https://torahapp.org/share/book/Yevamot/r/41b:4)

לָא, הָכָא הַיְינוּ טַעְמָא: שֶׁמָּא יְהֵא וָלָד בֶּן קַיָּימָא, וְנִמְצֵאתָ אַתָּה מַצְרִיכָהּ כָּרוֹז לַכְּהוּנָּה.

**William Davidson Edition - English:**
The Gemara deflects this suggestion: **No,** it is possible that in the mishna **here, this is the reason** that she may not perform *ḥalitza*: **Perhaps** the **offspring will be viable,** in which case although she performed the act of *ḥalitza*, it is entirely meaningless since it was completely unnecessary, and she would remain permitted to marry into the priesthood. However, this could lead to a problem: People might not realize that the *ḥalitza* she performed was meaningless, and they would think she is a *ḥalutza* who is prohibited from marrying a priest. **It would** therefore **emerge** that if you permit her to perform *ḥalitza* even though it is possible that she is pregnant, it could be that **you will** ultimately **require a public announcement** to be made **for her** to attest to the fact that the *ḥalitza* she performed was meaningless and she is in fact still permitted to marry **into the priesthood.**


###### Yevamot 41b:5
[Yevamot 41b:5](https://torahapp.org/share/book/Yevamot/r/41b:5)

וְנַצְרְכַהּ! דִּלְמָא אִיכָּא דְּהָוֵאי בַּחֲלִיצָה וְלָא הָוֵי בְּהַכְרָזָה, וּמַפְסְלוּהָ מִן הַכְּהוּנָּה.

**William Davidson Edition - English:**
The Gemara wonders why this poses a problem: **But** why not let her perform *ḥalitza* even though it is possible she is pregnant, and then, if it becomes necessary, **require** a public announcement to be made **for her?** The Gemara explains why one should avoid having to rely on a public announcement: **Perhaps there will be some** people **who are** present **at the *ḥalitza* but were not** present **at the public announcement, and** those people **will** incorrectly **disqualify her from** marrying into **the priesthood.** To avoid this situation, the mishna rules that she should wait three months before performing *ḥalitza*.


###### Yevamot 41b:6
[Yevamot 41b:6](https://torahapp.org/share/book/Yevamot/r/41b:6)

תִּינַח אַלְמָנָה. גְּרוּשָׁה — מַאי אִיכָּא לְמֵימַר? מִשּׁוּם דְּמַפְסֵיד לַהּ מְזוֹנוֹת.

**William Davidson Edition - English:**
The Gemara asks: This answer **works out well** with regard to **a widow** because as a widow she is currently still permitted to marry into the priesthood, but with regard to **a divorcée,** who is already prohibited from marrying into the priesthood, **what is there to say;** why shouldn’t she perform *ḥalitza* immediately? The Gemara provides an alternative reason to delay the *ḥalitza*: The reason is **because** by performing *ḥalitza* immediately **she will forfeit the sustenance payments** from her deceased husband’s estate, which she otherwise would have been entitled to for the first three months. Since she is not permitted to remarry during those three months, she will have no means of support. Therefore, she should wait until after three months have passed before performing *ḥalitza*.


###### Yevamot 41b:7
[Yevamot 41b:7](https://torahapp.org/share/book/Yevamot/r/41b:7)

תִּינַח נְשׂוּאָה. אֲרוּסָה גְּרוּשָׁה — מַאי אִיכָּא לְמֵימַר?

**William Davidson Edition - English:**
The Gemara asks: This answer **works out well** with regard to a **woman** who was **married** to her previous husband and who is therefore entitled to sustenance payments, but with regard to **a divorcée who** was only **betrothed** to her previous husband, **what is there to say?** She is neither entitled to receive sustenance payments nor is she permitted to marry into the priesthood. Why, then, shouldn’t she perform *ḥalitza* immediately?


###### Yevamot 41b:8
[Yevamot 41b:8](https://torahapp.org/share/book/Yevamot/r/41b:8)

אֶלָּא מִשּׁוּם דְּרַבִּי יוֹסֵי, דְּתַנְיָא: מַעֲשֶׂה בְּאָדָם אֶחָד שֶׁבָּא לִפְנֵי רַבִּי יוֹסֵי. אָמַר לוֹ: מַהוּ לַחְלוֹץ בְּתוֹךְ שְׁלֹשָׁה? אָמַר לוֹ: לֹא תַּחְלוֹץ. וְתַחְלוֹץ, וּמָה בְּכָךְ?

**William Davidson Edition - English:**
The Gemara therefore provides an alternative reason to delay the *ḥalitza*: **Rather,** it is **due to that** which **Rabbi Yosei** stated, **as it is taught** in a *baraita*: There was **an incident involving a certain man who came before Rabbi Yosei.** The man **said to him: What is** the *halakha* with regard **to performing *ḥalitza* within three** months of the husband’s death? **He said to him: She may not perform *ḥalitza*.** He asked him: **Let her perform *ḥalitza*; what** would be the problem **with that?** Even if she is pregnant, no prohibition will have been transgressed.


###### Yevamot 41b:9
[Yevamot 41b:9](https://torahapp.org/share/book/Yevamot/r/41b:9)

קָרָא עָלָיו מִקְרָא זֶה: ״וְאִם לֹא יַחְפֹּץ״, הָא אִם חָפֵץ — יִבֵּם. כׇּל הָעוֹלֶה לְיִבּוּם — עוֹלֶה לַחֲלִיצָה כּוּ׳.

**William Davidson Edition - English:**
To explain his ruling, Rabbi Yosei **recited this verse about him: “And if the man does not wish** to take his *yevama*” (Deuteronomy 25:7) in levirate marriage, then he must perform *ḥalitza*. By inference, the possibility of performing *ḥalitza* exists only in a case in which **if he wishes he may consummate the levirate marriage.** This teaches the principle that **one who is eligible for levirate marriage is eligible for *ḥalitza*,** and one who is ineligible for levirate marriage is ineligible for *ḥalitza*. This includes even a woman who is temporarily prohibited from marrying, e.g., a woman in the first three months following a previous marriage.


###### Yevamot 41b:10
[Yevamot 41b:10](https://torahapp.org/share/book/Yevamot/r/41b:10)

מֵתִיב רַב חִינָּנָא: הַסְּפֵקוֹת חוֹלְצוֹת וְלֹא מִתְיַבְּמוֹת.

**William Davidson Edition - English:**
**Rav Ḥinnana raised an objection** from the following *baraita*: **Those women** whose status as a *yevama* **is uncertain perform *ḥalitza* but may not enter into levirate marriage.** According to this *baraita*, there are in fact cases in which a woman is eligible for *ḥalitza* but may not enter into levirate marriage.


###### Yevamot 41b:11
[Yevamot 41b:11](https://torahapp.org/share/book/Yevamot/r/41b:11)

מַאי סְפֵקוֹת? אִילֵּימָא סְפֵק קִדּוּשִׁין — אַמַּאי לָא מִתְיַבְּמוֹת? תִּתְיַיבֵּם, וְאֵין בְּכָךְ כְּלוּם.

**William Davidson Edition - English:**
The Gemara clarifies the case: **What is** the case of **women** whose status as a *yevama* **is uncertain? If we say** it is referring to a woman whose **betrothal** to her previous husband **is uncertain,** then **why does she not enter into levirate marriage? Let her enter into levirate marriage, and** there is **no** problem **with that,** because if the betrothal was never valid, then she is permitted to the *yavam* as she is not his brother’s wife; and if it was valid, then she is now obligated to enter into levirate marriage with him.


###### Yevamot 41b:12
[Yevamot 41b:12](https://torahapp.org/share/book/Yevamot/r/41b:12)

אֶלָּא לָאו, סָפֵק שֶׁקִּידֵּשׁ אַחַת מִשְׁתֵּי אֲחָיוֹת, וְאֵינוֹ יוֹדֵעַ אֵיזוֹ מֵהֶן קִידֵּשׁ. וְקָתָנֵי: חוֹלֶצֶת!

**William Davidson Edition - English:**
**Rather, is it not** referring to a case of **uncertainty** in **which** a man **betrothed one of two sisters and he does not know which** one **of them he betrothed?** If that man then died childless, the *yavam* may not consummate the levirate marriage with either sister because it is possible that he will do so with the sister who was not betrothed to his brother, who is therefore forbidden to him as the sister of a woman who is bound to him by a levirate bond. This is in fact the case of the *baraita*, **and** the *baraita* **teaches** that **she performs *ḥalitza*,** even though she is not permitted to enter into levirate marriage.


###### Yevamot 41b:13
[Yevamot 41b:13](https://torahapp.org/share/book/Yevamot/r/41b:13)

הָכִי הַשְׁתָּא?! הָתָם, אִם יָבֹא אֵלִיָּהוּ וְיֹאמַר דְּהָא קִידֵּשׁ — בַּת חֲלִיצָה וְיִיבּוּם הִיא,

**William Davidson Edition - English:**
The Gemara rejects the proof: **How can** these cases **be compared? There,** in the case of uncertainty, **if Elijah were to come and say that** the man **betrothed this one** of the sisters, then **she would be eligible for *ḥalitza* and levirate marriage.** It is clear, then, that fundamentally the sister who was betrothed is actually eligible for levirate marriage, and it is merely a lack of knowledge that prevents her from entering into it.


###### Yevamot 41b:14
[Yevamot 41b:14](https://torahapp.org/share/book/Yevamot/r/41b:14)

הָכָא, אִם יָבֹא אֵלִיָּהוּ וְיֹאמַר דְּהָא לָא אִיעַבַּרָה — מִי מַשְׁגְּחִ[ינַן] בֵּיהּ, וּ[מְ]יַבְּמִינַן לַהּ? הָא קְטַנָּה דְּלָאו בַּת אִיעַבּוֹרֵי הִיא, וַאֲפִילּוּ הָכִי צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים.

**William Davidson Edition - English:**
However, **here,** with regard to a woman during the first three months following her previous marriage, **if Elijah were to come and say that this** woman **is not pregnant, would one pay heed to him and would we allow** the *yavam* **to consummate levirate marriage?** Certainly not, **as** is evident from the fact that **a minor girl, who cannot become pregnant, must** also **wait three months.** Evidently, the requirement to wait three months applies in all situations, even those in which the reason for the requirement is irrelevant. Therefore, by virtue of that decree the *yevama* is considered to be fundamentally ineligible for levirate marriage and similarly is ineligible for *ḥalitza*.


###### Yevamot 41b:15
[Yevamot 41b:15](https://torahapp.org/share/book/Yevamot/r/41b:15)

תָּנוּ רַבָּנַן: יְבָמָה, שְׁלֹשָׁה חֳדָשִׁים הָרִאשׁוֹנִים נִזּוֹנֶת מִשֶּׁל בַּעַל. מִכָּאן וְאֵילָךְ, אֵינָהּ נִזּוֹנֶת לֹא מִשֶּׁל בַּעַל וְלֹא מִשֶּׁל יָבָם.

**William Davidson Edition - English:**
§ The Gemara mentioned that a *yevama* is supported from her deceased husband’s estate. It now proceeds to cite a *baraita* that teaches this *halakha*: **The Sages taught: A *yevama*** during **the first three months** following her husband’s death **receives sustenance** payments **from the husband’s** estate. This is because her previous marriage to him is the cause of her current unmarried state, since it is due to that marriage that she must first wait three months before remarrying. **From this** point **forward, she does not receive sustenance** payments, **neither from the husband’s** estate **nor from the *yavam*,** as he has not yet consummated a levirate marriage with her.


###### Yevamot 41b:16
[Yevamot 41b:16](https://torahapp.org/share/book/Yevamot/r/41b:16)

עָמַד בַּדִּין וּבָרַח — נִזּוֹנֶת מָשָׁל יָבָם.

**William Davidson Edition - English:**
The *baraita* continues: If the *yavam* **was brought to judgment** and it was decided that he was obligated to either consummate the levirate marriage with her or perform *ḥalitza*, **and he ran away** to avoid doing so, **she receives sustenance** payments **from** the estate **of the *yavam*,** which is his penalty for neglecting his duty.


###### Yevamot 41b:17
[Yevamot 41b:17](https://torahapp.org/share/book/Yevamot/r/41b:17)

נָפְלָה לִפְנֵי יָבָם קָטָן (מַאי)? מִיָּבָם לֵית לַהּ. מִבַּעַל מַאי?

**William Davidson Edition - English:**
The Gemara asks: If **she happened before** her ***yavam*** who is **a minor** for levirate marriage, **what is** the *halakha*? **From the *yavam* she does not have** any right to sustenance payments because, as a minor, he is unable to consummate a levirate marriage, but as to payments **from** her **husband’s** estate, **what** is the *halakha*? Since his death placed her in a situation that forces her to remain in an unmarried state, does his estate have to take the responsibility of supporting her?


###### Yevamot 41b:18
[Yevamot 41b:18](https://torahapp.org/share/book/Yevamot/r/41b:18)

פְּלִיגִי בַּהּ רַב אַחָא וְרָבִינָא, חַד אָמַר: אִית לַהּ, וְחַד אֲמַר: לֵית לַהּ, וְהִלְכְתָא: לֵית לַהּ, מִשְּׁמַיָּא קַנְסוּהּ.

**William Davidson Edition - English:**
**Rav Aḥa and Ravina disagree with regard to** this matter: **One said she does have** rights to sustenance payments, **and** the other **one said she does not have** any rights. **And the *halakha*** is that **she does not have** any rights to sustenance payments. This is because the husband is not considered to be responsible for her situation; rather, it is thought that **she was penalized by Heaven.**


###### Yevamot 41b:19
[Yevamot 41b:19](https://torahapp.org/share/book/Yevamot/r/41b:19)

תָּנוּ רַבָּנַן: יְבָמָה שֶׁחָלְצוּ לָהּ אַחִים בְּתוֹךְ שְׁלֹשָׁה — צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים.

**William Davidson Edition - English:**
§ **The Sages taught:** In the case of **a *yevama* with whom the brothers** of her deceased husband **performed *ḥalitza* within three** months of her husband’s death, she still **needs to wait three months** before remarrying.