- The difference between waiting after chalitzah vs. the giving of a get
The Gemara learns from a Baraisa that if chalitzah was improperly done within three months of the husband’s death, the yevamah must wait three months from the husband’s death before remarrying. The Gemara asks why this is different in the case of a get? For Rav says a woman must three waits משעת נתינה – from the time of the giving of the get, and Shmuel said: משעת כתיבה – from the time of the writing of the get. Rashi explains that even though the husband did not have yichud with his wife after the time of the writing of the get, for that would result in a גט ישן, an old get, nevertheless, Rav requires her to wait three months after the giving. So too, he should require her to wait from the time of the chalitzah!? Rava answers that even Rav would agree that in the case of chalitzah, three months are counted from the husband’s death, based on a kal v’chomer. איסור כרת התרת איסור לאו לא כל שכן – If you permitted the yavam, who was previously forbidden to the yevamah by an issur kares, to take her in yibum three months after the husband’s death, then kal v’chomer a new husband, who was previously forbidden to her based on a lav that prohibits a yevamah to marry until after she does chalitzah, should be permitted to marry her three months after the husband’s death.
- Why must all women wait three months to remarry after their previous marriage?
The Mishnah had stated that all women must wait three months after their previous marriage, before entering erusin or nisuin. The Gemara asks that while it is necessary for a yevamah to wait three months to determine if she is pregnant, so that the yavam will not come to sin, what harm is there if it turns out that a woman is pregnant from a previous husband? Rav Nachman said in the name of Shmuel, that it says in the parshah of Bris Milah: "להיות לך לאלקים ולזרעך אחריך" – to be a G-d to you, and to your offspring after you. Rashi explains that the Shechinah will only dwell on those whose yichus can be traced to his father. Postponing a marriage three months will clarify if the child is from the first marriage or not. Rava challenged this reason, for it was taught in a Baraisa that a ger and giyures who were previously married and converted must wait three months after the conversion before having relations so that we can determine if the child was born before or after the conversion. Why is this necessary since it is the same man and woman? The Gemara answers that it is necessary, להבחין בין זרע שנזרע בקדושה בין זרע שלא נזרע בקדושה – to distinguish between offspring that was conceived with kedushah and offspring that was not. Rava brings a different explanation for the decree of waiting three months.
- Why a man is not permitted to marry a pregnant woman
The Gemara asks why a man may not marry a pregnant woman, since there is no confusion as to who the father is. After the first few explanations are rejected, the Gemara answers סתם מעוברת למניקה קיימא – the average pregnant woman eventually becomes a nursing woman, and the Rabbanon were concerned that she might become pregnant while nursing and the milk will sour, which will lead to the infant’s death. The Gemara explains that a husband is not prevented from having relations with his pregnant wife, because the child can be fed with eggs and milk. However, in the case of marrying a woman already pregnant, he might not be willing to pay for the eggs and milk, and the wife will not go and claim support from her first husband’s estate. Abaye explains אשה בושה לבא לבית דין והורגת את בנה – A woman is embarrassed to go to Beis Din to claim support and this comes to cause her child to die in hunger.