דִּלְמָא אִיעַבְּרָה, וּמִעַכַּר חֲלָבָהּ, וְקָטְלָה לֵיהּ. אִי הָכִי דִּידֵיהּ נַמִי! דִּידֵיהּ מְמַסְמְסָא לֵיהּ בְּבֵיצִים וְחָלָב. דִּידָהּ נַמִי מְמַסְמְסָא לֵיהּ בְּבֵצִים וְחָלָב! לָא יָהַב לָהּ בַּעַל. וְלִיתְבָּעִינֵיהּ לַיּוֹרְשִׁים! אָמַר אַבַּיֵי: אִשָּׁה בּוֹשָׁה לָבֹא לְבֵית דִּין, וְהוֹרֶגֶת אֶת בְּנָהּ.

therefore, one should be concerned that perhaps she will become pregnant and her milk will dry up during pregnancy, and the lack of milk will kill her newborn child. The Gemara asks: If so, even if his wife is pregnant with his own child, the same concern applies. The Gemara explains: For his own child, she will feed [ memasmesa ] him with eggs and milk as a substitute for the mother’s milk. The Gemara asks: Even if the child is not his, it is still the mother’s child, and for her child she will also feed him with eggs and milk. The Gemara answers: The husband will not give her money to procure food for a child that is not his. The Gemara asks: But she could sue her first husband’s heirs to provide subsistence for the child. Abaye said: A woman is embarrassed to come to court, and therefore she will not obtain enough sustenance for him. Consequently, she effectively kills her son as a result.

״אַחַת בְּתוּלוֹת וְאַחַת בְּעוּלוֹת״. הֵי נִיהוּ בְּתוּלוֹת וְהֵי נִיהוּ אֲרוּסוֹת, הֵי נִיהוּ בְּעוּלוֹת וְהֵי נִיהוּ נְשׂוּאוֹת?

§ The mishna states: The requirement to wait three months before remarrying applies both to virgins and non-virgins, both to divorcées and to widows, and both to women who were married to their previous husbands and to women who were only betrothed. The Gemara asks: Which women are referred to as virgins and which are referred to as those who were betrothed? Although the two terms appear to be synonymous, since a virgin will be subject to levirate marriage only if she was betrothed, they must certainly refer to two different categories of women. Similarly, which women are referred to as non-virgins and which are referred to as married, as a married woman is always considered to be a non-virgin?

אָמַר רַבִּי יְהוּדָה הָכִי קָאָמַר: אַחַת בְּתוּלוֹת וְאַחַת בְּעוּלוֹת שֶׁנִּתְאַרְמְלוּ אוֹ שֶׁנִּתְגָּרְשׁוּ, בֵּין מִן הָאֵרוּסִין בֵּין מִן הַנִּשּׂוּאִין.

Rabbi Yehuda said this is what the mishna is saying: The requirement to wait applies to both virgins and non-virgins who were widowed or divorced, whether from betrothal or from marriage, i.e., the mishna does not list different categories of women but instead establishes a general principle.

רַבִּי אֶלְעָזָר לָא עָל לְבֵי מִדְרָשָׁא, אַשְׁכַּחֵיהּ לְרַבִּי אַסִי, אֲמַר לֵיהּ: מַאי אֲמוּר רַבָּנַן בְּבֵי מִדְרָשָׁא? אֲמַר לֵיהּ, הָכִי אָמַר רַבִּי יוֹחָנָן: הֲלָכָה כְּרַבִּי יוֹסֵי.

The Gemara relates: Rabbi Elazar did not enter the study hall one day. He found Rabbi Asi and said to him: What was said by the Sages in the study hall today? He said to him: This is what Rabbi Yoḥanan said: The halakha is in accordance with the opinion of Rabbi Yosei that a woman is permitted to be betrothed even before three months have passed, since the reason for waiting does not apply in that case.

מִכְּלָל דִּיחִידָאָה פָּלֵיג עֲלֵיהּ? אִין, וְהָתַנְיָא: הֲרֵי שֶׁהָיְתָה רְדוּפָה לֵילֵךְ לְבֵית אָבִיהָ, אוֹ שֶׁהָיָה לָהּ כַּעַס בְּבֵית בַּעֲלָהּ, אוֹ שֶׁהָיָה בַּעֲלָהּ חָבוּשׁ בְּבֵית הָאֲסוּרִין, אוֹ שֶׁהָיָה בַּעֲלָהּ זָקֵן אוֹ חוֹלֶה, אוֹ שֶׁהָיְתָה הִיא חוֹלָה,

Rabbi Elazar said: From the fact that Rabbi Yoḥanan needed to state this, it would seem that there is an individual opinion that disagrees with him, even though no such opinion is mentioned in the mishna. Rabbi Asi answered: Yes, that is correct, and so it is taught in a baraita in the Tosefta ( Yevamot 6:6): With regard to a woman who is certainly not pregnant, for example, a woman who, at the time of her husband’s death, had not lived with her husband for some time because she always eagerly hurried, like one pursued, to go to her father’s house, or because she had been subject to anger in her husband’s house, or because her husband had been incarcerated in prison, or because her husband was elderly or infirm, or because she was infirm.

אוֹ שֶׁהִפִּילָה אַחַר מִיתַת בַּעֲלָהּ, אוֹ שֶׁהָיְתָה עֲקָרָה, אוֹ זְקֵנָה, אוֹ קְטַנָּה, אוֹ אַיְלוֹנִית, אוֹ שֶׁאֵינָהּ רְאוּיָה לֵילֵד – צְרִיכָה לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה מַתִּיר לֵיאָרֵס וְלִינָשֵּׂא מִיָּד.

Or a woman who could not be pregnant because she miscarried after her husband’s death, or because she was barren, or elderly, or a minor, or a sexually underdeveloped woman [ aylonit ], or if for some other reason she was unsuited to give birth; even though the reason for the decree to wait three months does not apply to such a woman, nevertheless, she must wait three months. This is the statement of Rabbi Meir. Rabbi Yehuda permits such women to be betrothed or to marry immediately. It is apparent from the baraita that the question of whether a woman is required to wait the three months when the reason to do so does not apply is subject to a dispute.

אָמַר רַבִּי חִיָּיא בַּר אַבָּא: חָזַר בּוֹ רַבִּי יוֹחָנָן. אֲמַר רַב יוֹסֵף: אִי הֲדַר בֵּיהּ – מִמַתְנִיתִין דְּכַרְמָא הֲדַר בֵּיהּ. דְּתַנְיָא, אָמַר רַבִּי יִשְׁמָעֵאל בְּנוֹ שֶׁל רַבִּי יוֹחָנָן בֶּן בְּרוֹקָה: שָׁמַעְתִּי מִפִּי חֲכָמִים בְּכֶרֶם בְּיַבְנֶה: כּוּלָּן צְרִיכוֹת לְהַמְתִּין שְׁלֹשָׁה חֳדָשִׁים.

Rabbi Ḥiyya bar Abba said: Rabbi Yoḥanan retracted his statement that the halakha is in accordance with the opinion of Rabbi Yosei. Rav Yosef said: Even if he wanted to retract his statement, would he retract from the baraita that records the opinions of the Sages of the vineyard of Yavne? As it is taught in a baraita : Rabbi Yishmael, son of Rabbi Yoḥanan ben Beroka, said: I heard from the mouth of the Sages in the vineyard of Yavne that all those women enumerated in the baraita above need to wait three months. If the great Sages of Yavne held in accordance with the opinion Rabbi Yosei, then the halakha is certainly in accordance with his opinion.

אֲמַר לֵיהּ רַבִּי יִרְמְיָה לְרַבִּי זְרִיקָא: כִּי עָיְילַתְּ לְקַמֵּיהּ דְּרַבִּי אַבָּהוּ רְמִי לֵיהּ: מִי אֲמַר רַבִּי יוֹחָנָן הֲלָכָה כְּרַבִּי יוֹסֵי? וְהָאָמַר רַבִּי יוֹחָנָן: הֲלָכָה כִּסְתָם מִשְׁנָה, וּתְנַן: כָּל הַנָּשִׁים לֹא יִנָּשְׂאוּ וְלֹא יִתְאָרְסוּ עַד שֶׁיְּהוּ לָהֶם שְׁלֹשָׁה חֳדָשִׁים, אַחַת בְּתוּלוֹת וְאַחַת בְּעוּלוֹת!

Rabbi Yirmeya said to Rabbi Zerika: When you come before Rabbi Abbahu, raise the following contradiction: Did Rabbi Yoḥanan actually say that the halakha is in accordance with the opinion of Rabbi Yosei? Didn’t Rabbi Yoḥanan say that the halakha is always established in accordance with the ruling of an unattributed mishna? And we learned in the mishna an unattributed ruling: All women may not marry and may not be betrothed until they have waited three months since their previous marriage ended; this applies to both virgins and non-virgins.

אֲמַר לֵיהּ: דִּרְמָא לָךְ הָא – לָא חָשׁ לְקִמְחֵיהּ; סְתָם וְאַחַר כָּךְ מַחֲלוֹקֶת הִיא, וְאֵין הֲלָכָה כִּסְתָם. דְּאָמַר רַב פַּפָּא וְאִיתֵימָא רַבִּי יוֹחָנָן: מַחֲלוֹקֶת וְאַחַר כָּךְ סְתָם – הֲלָכָה כִּסְתָם, סְתָם וְאַחַר כָּךְ מַחֲלוֹקֶת – אֵין הֲלָכָה כִּסְתָם

When Rabbi Zerika went and asked, Rabbi Abbahu said to him: The one who raised this contradiction to you is clearly not concerned for his flour; this is a case of an unattributed ruling followed by a dispute on that ruling, and in such cases the halakha is not necessarily in accordance with the unattributed opinion. As Rav Pappa said, and some say it was Rabbi Yoḥanan who said the following principle: When the Mishna first records a dispute, and afterward it records only one side of that dispute as an unattributed opinion, then the halakha is in accordance with the unattributed opinion. However, when the Mishna first records an unattributed opinion and afterward records that the ruling is subject to a dispute, the halakha is not necessarily in accordance with the unattributed opinion. In each case, the later reference is considered to be a summary of the matter.

מִסְתַּמֵיךְ וְאָזֵיל רַבִּי אַבָּהוּ אַכַּתְפֵיהּ דְּרַבִּי נַחוּם שַׁמָּעֵיהּ, מַנְקֵיט וְאָזֵיל הִלְכְתָא מִינֵּיהּ. בְּעָא מִינֵּיהּ: מַחֲלוֹקֶת וְאַחַר כָּךְ סְתָם מַאי? אָמַר לֵיהּ: הֲלָכָה כִּסְתָם. סְתָם וְאַחַר כָּךְ מַחֲלוֹקֶת מַאי? אֲמַר לֵיהּ: אֵין הֲלָכָה כִּסְתָם.

§ The Gemara relates: Rabbi Abbahu would walk while leaning upon the shoulder of Rabbi Naḥum, his attendant, and along the way Rabbi Naḥum would walk and gather halakhic rulings from him. Once, Rabbi Naḥum asked him: When the Mishna first records a dispute, and afterward it records only one side of that dispute as an unattributed opinion, what is the halakha ? Rabbi Abbahu said to him: The halakha is in accordance with the unattributed opinion. Rabbi Naḥum then asked: When the Mishna first records an unattributed opinion and afterward records that the ruling is subject to a dispute, what is the halakha ? Rabbi Abbahu said to him: The halakha is not necessarily in accordance with the unattributed opinion.

סְתָמָא דְּמַתְנִיתִין וּמַחֲלוֹקֶת בְּבָרַיְיתָא מַאי? אָמַר לֵיהּ: הֲלָכָה כִּסְתָם. מַחֲלוֹקֶת בְּמַתְנִיתִין וּסְתָמָא בְּבָרַיְיתָא מַאי? אָמַר לֵיהּ:

Rabbi Naḥum asked: When a ruling is recorded in the Mishna as unattributed and it is subject to a dispute in a baraita , what is the halakha ? said to him: The halakha is in accordance with the unattributed opinion in the Mishna. Rabbi Naḥum then asked: When the Mishna records that a matter is subject to a dispute, and only one side is recorded as an unattributed opinion in a baraita , what is the halakha ? Rabbi Abbahu said to him: