Daf Yomi - Yevamos 43 - Highlights

Rabbi Yochanan initially ruled 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).

Rabbi Yirmiyah said to Rabbi Zerika: When you go before Rabbi Avahu, ask him the following question: How could Rabbi Yochanan say that the halacha is in accordance with Rabbi Yosi? Isn’t Rabbi Yochanan of the opinion that the halacha follows the ruling of an anonymous Mishna, and the following Mishna was stated anonymously: All other previously married women may not be betrothed (erusin), or wed (nisuin) until they have three months, whether they are virgins or not, whether divorced or widows, whether wed or betrothed. How can Rabbi Yochanan rule that the women entering erusin are not required to wait?

Rabbi Avahu said to Rabbi Zerika: This is not a question. Whenever there is an anonymous ruling, and then an argument, the halacha is not in accordance with the anonymous ruling. Rav Pappa said in the name of Rabbi Yochanan: If first there is an argument, and then an anonymous ruling, the halacha follows the anonymous ruling. If, however, there is an anonymous ruling, and then an argument, the halacha is not in accordance with the anonymous ruling.

Rabbi Avahu said: If first there is an argument, and then an anonymous ruling, the halacha follows the anonymous ruling. If, however, there is an anonymous ruling, and then an argument, the halacha is not in accordance with the anonymous ruling. If there is an anonymous ruling in a Mishna and an argument in a braisa, the halacha follows the anonymous ruling. If there is an argument in a Mishna and an anonymous ruling in a braisa, the halacha does not follow the anonymous ruling. He explains: If Rebbe did not teach the ruling anonymously in the Mishna, how could his student, Rabbi Chiya (the one who compiled the braisos) know that this ruling is authoritative. (42b – 43a)

Rabbi Nachum asked Rabbi Avahu from an anonymous Mishna in Meseches Keilim, and the halachic ruling is not according to that Mishna.

Rabbi Avahu answered: Rabbi Yochanan and Rish Lakish have both said that the text of that Mishna is not accurate.

The Gemora attempts to prove that the Mishna is not accurate because the two rulings of the Mishna contradict each other, but concludes that there is no difficulty.

The ruling does not follow that Mishna because in fact, the Mishna is not anonymous. The Mishna should conclude with the words: These are the words of Rabbi Shimon. (43a)

Rabbi Chiya bar Abba sent the following ruling: We are permitted to enter into erusin during the third month, and we have seen this done in practice. Similarly, Rabbi Elozar taught in the name of Rabbi Chanina the Great: She is required to wait most of the first month, and most of the third month, and the entire middle month.

Ameimar permitted her to enter into erusin on the ninetieth day (although that is before the three complete months).

Rav Ashi asked Ameimar: Didn’t Rav and Shmuel both say that she is required to wait three months, not including the day on which the husband died, and not including the day of erusin? (This would indicate that she must wait a complete ninety days.)

Ameimar answers: They were referring to a nursing woman (not a widow). They maintain that a nursing woman is required to wait twenty-four months, not including the day on which the child was born, and not including the day of erusin.

The Gemora asks: There was an incident that a man prepared an erusin feast on the ninetieth day (after the death of her first husband), and Rava (didn’t allow the wedding) caused him to lose the feast. (This would indicate that she must wait a complete ninety days.)

The Gemora answers: The feast was for a nisuin. (Erusin would be permitted prior to ninety days are complete, but not nisuin.)

The Gemora issues the halachic rulings: A nursing woman is required to wait twenty-four months, not including the day on which the child was born, and not including the day of erusin. A widow must wait three months, not including the day on which the husband died, and not including the day of erusin. (43a)

The Mishna had stated: Rabbi Yosi says, all women may enter into erusin except for the widow, because of the mourning (for thirty days).

Rav Chisda asks: Isn’t there a kal vachomer that erusin should be permitted? If it is forbidden to launder clothing during the week of Tisha b’Av, it is nevertheless permitted to enter into erusin; it is permitted to launder clothing during the thirty days of mourning for a close relative, shouldn’t it certainly be permitted to enter into erusin? Why does Rabbi Yosi maintain that erusin is forbidden?

The Gemora answers: The premise for the kal vachomer is incorrect. It is actually forbidden to launder clothing during the week of Tisha b’Av.

Rava asks: There can still be a kal vachomer to ask on Rabbi Yosi. If it is forbidden to engage in commerce during the week that precedes the week of Tisha b’Av, it is nevertheless permitted to enter into erusin; it is permitted to engage in commerce during the thirty days of mourning for a close relative, shouldn’t it certainly be permitted to enter into erusin? Why does Rabbi Yosi maintain that erusin is forbidden?

The Gemora answers by emending the Mishna: Do not say that Rabbi Yosi was permitting previously married women to enter into erusin immediately; rather he was permitting all previously married women to enter into nisuin immediately, except for a widow because of mourning. (A widow cannot enter into nisuin, but erusin is permitted like it was derived through the kal vachomer.)

The Gemora asks: Does Rabbi Yosi not hold of waiting before nisuin (on account of distinguishing between the child of the first husband and that of the second)?

The Gemora answers: Yes indeed, he does not hold that there is a requirement to wait before nisuin.

Alternatively, the Gemora answers, that Rabbi Yosi was only referring to women who were divorced after erusin; they may get married immediately. Women who are divorced after nisuin are required to wait.

The Gemora asks: If so, this is precisely Rabbi Yehudah’s opinion; what is the difference between them?

The Gemora answers: Rabbi Yehudah maintains that a woman who was married with nisuin is permitted to enter erusin immediately, whereas Rabbi Yosi holds that she is forbidden to enter into erusin immediately; she is required to wait. (43a – 43b)

The Gemora asks: (It emerges from Rabbi Yosi that a widow from erusin is required to have a mourning obligation, and she must wait thirty days before entering into nisuin.) Does a widow from erusin have a mourning obligation? Rabbi Chiya bar Ammi taught the following braisa: If a wife from erusin dies, the husband is not deemed to be an onein (one whose close relative passed away and has not been buried yet), he may not become tamei to her if he is a Kohen; and similarly (if he dies) she is not an onein, she does not have to be busy with his burial. If she dies, he does not inherit her and if he dies, she collects her kesuvah. How can Rabbi Yosi state that a widow from erusin must wait on account of the mourning obligation?

(The Gemora reverts back to its original understanding of Rabbi Yosi: He allows a woman from nisuin to enter into erusin immediately except for a widow because of her mourning obligation. Rava asked that a kal vachomer should be applicable, and erusin should be permitted during the mourning period. The Gemora is answering this question.)

The Gemora states that there is indeed a Tannaic dispute regarding the permissibility of performing an erusin in the week preceding the week of Tisha b”Av.

Rav Ashi disagrees and proves from that braisa that there is no dispute and everyone would agree that erusin is permitted during that period. (Rava’s kal vachomer returns.)

Rav Ashi answers: A newer mourning (close relative) is different than an older mourning (the loss of the Beis HaMikdosh), and a communal mourning (the loss of the Beis HaMikdosh) is different than a private mourning (close relative). (This explains why we rule stringently regarding the mourning for a close relative, and erusin would be forbidden then whereas it would be permitted during the week preceding the week of Tisha b’Av.) (43b)

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