Yevamot 43b — the Talmud in English

And we raised it:

And

when

Rabbi Yosei does not have

the need

to distinguish

between the offspring of the first husband and the offspring of the second husband? And we answered:

ibaeit eima

indeed, Rabbi Yosei

does not have it;

he is not concerned with distinction!

And ibaeit eima: in fact, he does have it

for Rabbi Yosei that there is a need for distinction.

And let us say

this:

Rabbi Yosei says: All betrothed women who were divorced—

may marry.

For them there is no need for distinction. Except for betrothed widows, because of mourning.

And we objected:

If so, this is

what

Rabbi Yehuda said!

For he too permits a betrothed divorcee to marry immediately, and regarding a betrothed widow he too agrees that she may not marry immediately because of mourning, for marriage involves joy.

And we answered:

There is a difference between them: a married woman—

whether it is permitted for her

to become betrothed

immediately.

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

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

And Rabbi Yosei holds: A married woman is forbidden to become betrothed.

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

For divorce is not mourning, and there is no need for distinction in the case of a divorcee from betrothal, since she did not become pregnant from the betrothed man.

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

But regarding married women who were divorced, and there is concern that they are pregnant, Rabbi Yosei decreed concerning them that they may not even become betrothed, for if we permit them to become betrothed, there is concern that they will come to marry, and this is forbidden because then distinction is required.

And we wondered:

And

when

Rabbi Yosei holds

that

a married woman

who was divorced

is forbidden to become betrothed

immediately, lest she marry!?

But it was taught in a beraita: Rabbi Yosei says: All women [and married women are included],

married women],

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

And how many

days of

her mourning?—

Thirty days.

And all of them [the divorcees and widows from marriage]

may not marry

because of the need for distinction—

until they have three months!

And it is thereby proven that Rabbi Yosei holds that a married woman is permitted to become betrothed immediately! And how did you say that Rabbi Yosei holds that a married woman is forbidden to become betrothed!?

And we answered:

This—

what is the difficulty?

If you say,

because

it teaches

in the beraita:

Rabbi Yosei says: All women may become betrothed.

Is

this beraita

stronger than the Mishna, which we established

as meaning that

betrothed divorcees may marry?

Here too,

let us establish this beraita, which says:

All betrothed divorcees may marry!

Rather, from the latter clause

of the beraita there is a difficulty:

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

And necessarily, the reference of “all of them” is to married women, who may not marry until three months. For we established the first clause as saying that Rabbi Yosei says that betrothed divorcees may marry immediately, and they did not decree concerning them to forbid them on account of married divorcees, who require waiting.

And it is proven that only

marrying—

marriage—

is not

to be done by married women immediately.

But becoming betrothed

immediately—

is entirely acceptable

also for married women, and they were not concerned to decree that if they become betrothed, perhaps they will also marry, and there will be no distinction!

Rava said: Correct it and say this:

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 wondered: How is it possible to explain it this way?

And

when

a widow from betrothal—

does she have mourning

at all?

But Rabbi Hiyya bar Ami taught:

If

his wife

dies when she is only

betrothed—

he does not observe the first-day mourning status, and he does not become impure for her

And likewise she does not observe the first-day mourning status, and she does not become impure for him

If she dies—

he does not inherit her.

If he dies—

she collects her marriage settlement,

if he wrote her a marriage settlement from the time of betrothal.

And the Gemara retracts on account of this difficulty and explains otherwise.

Rather,

in fact, we must say as the Gemara explained initially: that Rabbi Yosei’s statement, “All women may become betrothed,” refers to married women. And Rabbi Yosei’s novelty is that she is forbidden to become betrothed during the days of mourning.

And what we raised above from the beraita that says that “before the time” they become betrothed can be answered: this beraita is not according to everyone, but is a dispute of

tanna'im

whether they become betrothed during the time of mourning. And there are those who forbid betrothal during the time of mourning, and Rabbi Yosei holds like them. Whereas the beraita that says that before the time they become betrothed is not according to everyone; rather, it does not hold like Rabbi Yosei.

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

the people reduce their business dealings, from buying and selling, from building and planting, and from becoming betrothed and marrying.

The week in which the Ninth of Av falls—

it is forbidden to cut the hair and to launder.

And some say: The entire month is forbidden.

Rav Ashi challenged this: From where do you know that

the prohibition

of becoming betrothed

stated in this beraita is a prohibition

of actual betrothal?

Perhaps only

only

to make

the

betrothal feast,

for there is joy at the feast,

is forbidden.

But becoming betrothed

alone, without a feast, for there is no joy in this—

is entirely acceptable!

And the Gemara raises a difficulty against Rav Ashi:

If so,

according to you, that you explain the statement of the beraita that the people refrained from becoming betrothed as referring to [becoming betrothed] with a feast, but without a feast it is permitted, then that which it says in it that the people refrained

from marrying—

let us say also regarding marrying,

that only

making a marriage feast is forbidden, but marrying

without a marriage feast

is entirely acceptable

during the mourning over the Destruction!?

And Rav Ashi rejects this difficulty:

Is this comparable!?

What is the comparison!?

Granted, marriage,

even

without a feast there is

joy,

and therefore it is forbidden to marry during the mourning over the Destruction.

But betrothal without a feast—

is there joy

that we should forbid betrothal during times of mourning!?

Rather, said Rav Ashi,

do not establish what was said in the beraita above, that before the time they become betrothed, as a dispute of tannaim, for Rabbi Yosei too agrees that it is possible to become betrothed before the time during the mourning over the Destruction, since there is no joy in betrothal.

And what is difficult for you: Why did Rabbi Yosei forbid a widow to become betrothed, when she should be permitted by a kal va-chomer, since it is permitted to become betrothed before the time, during the mourning over the Destruction—there is a distinction between them:

New mourning

of 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.

And therefore, mourning over the Destruction is lighter than mourning over the death of her husband, and Rabbi Yosei was stringent concerning it, that she may not become betrothed, despite the fact that during mourning over the Destruction he permits becoming betrothed before the time.

Mishna:

a.

Four brothers were married to four women, and they died

the brothers.

If the eldest among them wished,

whose right it is to perform yibbum first before the other brothers,

to perform yibbum with all of them—

the authority is in his hands.

b.

One who was married to two women, and he died—

the intercourse or the halitza of one of them—

exempts her rival!