Yevamot 43b (מג:) — the Talmud in English

And we raised an objection:

But

when

Rabbi Yosei does not hold

that there is a need

to distinguish

between the offspring of the first husband and the offspring of the second husband, why does he prohibit her from remarrying immediately? And we answer:

Alternatively,

indeed, Rabbi Yosei

does not hold so;

he has no concern for distinguishing between them!

And alternatively: He always does hold

that Rabbi Yosei maintains that there is a need for distinction.

And say

the following:

Rabbi Yosei says: All betrothed women who are divorced—

may marry.

There is no need for distinction in their case. Except for betrothed widows, because of mourning.

And we challenge this:

If so, this is

what

Rabbi Yehuda said!

He too permits a betrothed divorcee to marry immediately, while in the case of a betrothed widow he too agrees that she may not marry immediately because of mourning, since marriage entails joy.

And we answer:

The difference between them is the case of a married woman—

whether she is permitted

to become betrothed

immediately.

Rabbi Yehuda holds: A married woman is permitted to become betrothed

immediately, because he did not decree against betrothal on account of marriage.

And Rabbi Yosei holds: A married woman is prohibited from becoming betrothed.

And this is what Rabbi Yosei said: All women divorced after betrothal may marry immediately.

Because divorce does not entail mourning, and there is no need for distinction in the case of a divorcee who had only been betrothed, since she did not conceive from her betrothed.

And Rabbi Yosei does not decree against a betrothed woman on account of a married woman.

But with regard to married women who were divorced, and who may be suspected of being pregnant, Rabbi Yosei decreed that they may not even become betrothed. For if we permit them to become betrothed, there is concern that they will proceed to marry, which is prohibited because distinction is then necessary.

And we wonder:

But

when

Rabbi Yosei holds

that a

married woman

who was divorced

is prohibited from becoming betrothed

immediately, lest she marry!?

But it was taught in a beraita: Rabbi Yosei says: All women [including

married women],

may become betrothed, except for a widow, because of mourning.

And how many

days of

mourning does she have?—

Thirty days.

And all of them [divorcees and widows who had been married]

may not marry

because of the need for distinction—

until they have three months!

This proves that Rabbi Yosei holds that a married woman is permitted to become betrothed immediately! And how could you say that Rabbi Yosei holds that a married woman is prohibited from becoming betrothed!?

And we answer:

This—

what is the difficulty?

If you say that it is

because

it teaches

in the beraita:

Rabbi Yosei says: All women may become betrothed.

Is

this beraita

stronger than the Mishna, which we interpreted

as referring

to betrothed divorcees who may marry?

Here too,

let us interpret this beraita, which says:

All betrothed divorcees may marry!

Rather, it is from the latter clause

of the beraita that the difficulty arises:

For it teaches: And all of them may not marry until they have three months.

The reference to “all of them” must necessarily be to married women, who may not marry until three months have passed. For we interpreted the first clause as stating that Rabbi Yosei says that betrothed divorcees may marry immediately, and no decree was issued against them to prohibit them on account of married divorcees, who must wait.

And it is proven that only

marriage

is

not permitted

to married women immediately.

But

betrothal

is entirely permitted immediately—even for married women—and there was no concern to decree that if they become betrothed they may perhaps also marry, resulting in a lack of distinction!

even for married women; they did not fear that a decree was needed lest, if they became betrothed, they also marry before the necessary distinction could be made!

Rava said: Resolve it and say as follows:

Rabbi Yosei says: All betrothed divorcees may marry.

Except for a widow, because of mourning.

And how long is her mourning?—

Thirty days.

And married women may not become betrothed—

until they have three months.

And we wonder: How can this be resolved in this manner?

But

when it is a

widow from betrothal,

does she have mourning

at all?

But Rabbi Hiyya bar Ami taught: If

his

wife dies when she is only

when she was only

betrothed—

he is not an onen, nor does he become impure for her sake.

And likewise, she is not an onenet, nor does she become impure for his sake.

If she dies—

he does not inherit her.

If he dies—

she collects her ketuba,

if he had written her a ketuba at the time of betrothal.

The Gemara retracts this interpretation because of the objection and explains it differently.

Rather,

we must indeed say as the Gemara initially explained: that Rabbi Yosei’s statement, “All women may become betrothed,” refers to married women. Rabbi Yosei’s novelty is that she is prohibited from becoming betrothed during her mourning period.

And regarding what we raised earlier from the beraita that says that before the period one may betroth, it can be answered that this beraita does not reflect the opinion of everyone; rather,

it is a dispute between tannaim

whether one may betroth during mourning. Some prohibit betrothal during mourning, and Rabbi Yosei agrees with them. But the beraita that says that before the period one may betroth does not reflect the opinion of everyone; rather, it does not follow Rabbi Yosei.

For it was taught in a beraita: From the beginning of the month until the fast—

the people curtail their business dealings, building and planting, betrothal and marriage.

During the week in which Tisha Be’av occurs—

it is prohibited to cut one’s hair and to launder.

And some say: The entire month is prohibited.

Rav Ashi strongly objected: From where do you know that

the prohibition

against betrothal

mentioned in this beraita is a prohibition

against actual betrothal?

Perhaps

only

making

a

betrothal feast

is prohibited, since there is joy at the feast;

that is what is prohibited.

But betrothal

alone, without a feast, since there is no joy in that—

is entirely permitted!

And the Gemara challenges Rav Ashi:

If so,

according to you, when the beraita says that the people refrained from betrothal, you interpret this to mean betrothal with a feast, while betrothal without a feast is permitted; if so, when it says that the people refrained

from marrying—

with regard to marriage as well,

let us say that only

making a marriage feast is prohibited, but marrying

without a marriage feast

is entirely permitted

during the period of mourning over the destruction!?

Rav Ashi rejects this objection:

Is that comparable!?

What is the comparison!?

Granted, with regard to marriage,

even

without a feast there is

joy,

and therefore it is prohibited to marry during the period of mourning over the destruction.

But with regard to betrothal without a feast,

is there joy

that we should prohibit betrothal during periods of mourning!?

Rather, Rav Ashi said:

Do not interpret what is stated in the beraita above—that one may betroth before the period—as a dispute between tannaim, for Rabbi Yosei also agrees that one may betroth before the period during the mourning over the destruction, since there is no joy in betrothal.

And regarding the difficulty you raised—why did Rabbi Yosei prohibit a widow from becoming betrothed, when it should be permitted by means of a kal va-chomer, since one may become betrothed before the period during the mourning over the destruction—it is possible to distinguish between them:

New mourning

for a woman over the death of her husband

is different from old mourning

over the destruction of the Temple.

And public mourning

over the destruction of the Temple

is different from individual mourning

over the death of one’s relative.

Therefore, mourning over the destruction is less stringent than mourning over the death of her husband, and Rabbi Yosei was stringent in the latter case, prohibiting her from becoming betrothed, even though during the mourning over the destruction he permits betrothal before the period.

Mishna:

1.

Four brothers were married to four women, and

the brothers died.

If the eldest among them wishes,

since he has the right to perform yibbum before the other brothers,

to perform yibbum with all of them—

he has the authority to do so.

2.

In the case of one who was married to two women and died—

the intercourse or halitza of one of them

exempts her rival wife!