Daf Yomi - Yevamos 42 - Highlights

The Mishna had stated: And similarly, all other previously married women may not be betrothed (erusin), or wed (nisuin) until they have three months.

The Gemora asks: What is the necessity to wait three months?

Rav Nachman answers in the name of Shmuel: It is in order to distinguish between the offspring of the first husband and the offspring of the second husband.

Rava asks from the following braisa: A male and a female convert who were married before the conversion must wait three months from the conversion before they resume having marital relations with each other. What is the necessity over here; she was married to the same man before and after the conversion?

The Gemora answers: It is necessary to distinguish between an offspring that was conceived in sanctity (when she was Jewish) to an offspring that was not conceived in sanctity.

Rava offers an alternative reason for the three month waiting period: We are concerned that the child will mistakenly marry his paternal sister, or perform a yibum with the wife of his maternal brother, or cause his mother to marry someone else (when she is actually a yevamah, and cannot marry anyone until she is released by the yavam), or he will exempt his mother from marrying someone else. (42a)

The Gemora asks: Shouldn’t it be sufficient to wait one month and then marry; if she gives birth after seven months, it would be evident that the child is a seven-month baby from the second husband (since an eight-month baby cannot survive), and if she gives birth after eight months, it would be evident that the child is a nine-month baby from the first husband?

The Gemora answers: If she would give birth after eight months, there is still a possibility that the child is a seven-month baby from the second husband because perhaps she only conceived one month after her marriage.

The Gemora asks: Shouldn’t it be sufficient to wait two and a half months and then marry; if she gives birth after seven months, it would be evident that the child is a seven-month baby from the second husband, and if she gives birth after six and a half months, it is evident that the child is a nine-month baby from the first husband, for if the child would have been fathered by the second husband, it would not be able to survive since the pregnancy lasted for only six and a half months?

The Gemora answers: If she would give birth after six and a half months, there is still a possibility that the child has been fathered by the second husband because Mar Zutra said: Even according to the opinion that a woman who gives birth at nine months cannot give birth in abbreviated months, a woman who gives birth at seven months may give birth in abbreviated months.

The Gemora asks: Shouldn’t it be sufficient to wait a short amount of time and let her marry, and after three months, she should be examined to see if she has any signs of pregnancy; if she does, we will know that she is pregnant from the first husband?

Rav Safra answers: We do not examine married women so that they shall not appear offensive in the eyes of their husbands.

The Gemora asks: Let us examine her by her walking (a deeper footprint in loose earth would indicate that she is carrying a fetus, and this is not an intimate examination)?

Rami bar Chama answers: This is not a foolproof examination because she can cover up for herself (by walking differently) in order that her son (from the first husband) should inherit the property of her second husband. (42a)

The Gemora states: It emerges that a woman who is definitely pregnant may get married immediately.

The Gemora asks from a braisa: One should not marry a pregnant or nursing woman, and if he did marry her, he must divorce her and he is prohibited from marrying her again.

The Gemora answers: The decree was established because we were concerned that she might conceive while she is pregnant, and the new fetus can crush the earlier fetus.

The Gemora asks: If so, there should be this decree even by someone’s own child (he should be forbidden from cohabitating with his wife while she is pregnant)?

The Gemora answers: Either they would follow the opinion that said a pregnant woman should insert a wad into their bodies prior to cohabitating in order to prevent conception or they would follow the opinion that said these women should cohabit in the regular manner and Heaven will have compassion on them (becoming pregnant in these situations is highly unusual and therefore we prohibit them from utilizing and type of contraceptive measures as it is written [Tehillim 116:6]: Hashem protects the fools).

The Gemora asks: If so, let us apply the same options to marrying a pregnant woman?

The Gemora offers a different explanation for the decree: It is because we are concerned that the second husband might mistakenly kill the fetus during cohabitation by exerting pressure on the woman’s abdomen.

The Gemora asks: If so, let us be concerned that this might occur with his own pregnant wife?

The Gemora answers: He will have compassion on his own child and will be cautious during cohabitation.

The Gemora asks: Accordingly, he will be careful even when it is someone else’s child?

The Gemora offers a different explanation for the decree: A pregnant woman will usually become a nursing woman, and we were concerned that she might become pregnant while nursing, and her milk might spoil; this will cause the child to die.

The Gemora asks: If so, let us be concerned that this might occur with his own pregnant wife?


The Gemora answers: Regarding his own child, he will supply the child with milk and eggs.

The Gemora asks: Accordingly, he will be provide milk and eggs even when it is someone else’s child?

The Gemora answers: We are concerned that he will not supply her with the money to purchase these items.

The Gemora asks: Let us claim from the first husband’s inheritors; they are obligated to take care of this child?

The Gemora answers: A woman is embarrassed to come to Beis Din, and this will result in the death of her child. (42a – 42b)

One day, Rabbi Elozar did not go to the Beis Medrash. Afterwards, he found Rabbi Assi, and he asked him: What did the Rabbis say in the Beis Medrash today? Rabbi Assi replied: Rabbi Yochanan said that the halacha is in accordance with Rabbi Yosi. (Rabbi Yosi said: All women may enter into erusin except for the widow, because of the mourning).

The Gemora infers from here that a single Tanna disagrees with him, and not many Tannaim (for otherwise, we would not rule according to Rabbi Yosi.)

The Gemora cites a braisa supporting this: A woman who regularly goes to her father’s house (and was there for an extended period of time prior to her husband’s death), or she was angry with him (prior to her husband’s death and didn’t have relations with him), or her husband was in jail, or her husband was old or sick, or if she was sick, or if she miscarried after her husband’s death, or if she was a barren woman, or if she was old, or a minor, or an aylonis, or she was infertile, she is nevertheless required to wait three months before remarrying. These are the words of Rabbi Meir. Rabbi Yehudah said: She is permitted to marry immediately. (It is evident that Rabbi Meir and Rabbi Yosi both maintain that she must wait even though there is no possibility of being pregnant.)

Rabbi Chiya bar Abba said: Rabbi Yochanan later retracted and ruled against Rabbi Yosi. (42b)

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