Soncino English Talmud
Yevamot
Daf 43b
Does not R. Jose, then, hold the view that it is necessary to make a distinction? — If you wish I might say that he does not. And if you prefer I might say that he does, in fact, hold [this view], but read, 'R. Jose said: All betrothed women who were divorced may be married'. If so, it is the same view as that of R. Judah! — The point at issue between them is the question of the betrothal of a married woman. R. Judah maintains that a married woman may be betrothed, while R. Jose maintains that a married woman may not be betrothed. But is R. Jose of the opinion that a married woman is forbidden betrothal? Surely it was taught, 'R. Jose said: All women may be betrothed, excepting the widow, owing to her mourning. And how long does her mourning continue? Thirty days. And all these must not marry before three months have passed'! — What an objection is this! If it be argued: Because it was stated, 'R. Jose said: All women may be betrothed', is this [it may be retorted] of greater force than our Mishnah? As that was interpreted to mean that 'betrothed women who were divorced may be married' so here also [it might be interpreted to mean], 'All betrothed women who were divorced may be married'! — [The objection,] however, [arises from] the final clause where it was stated, 'And all these must not marry before three months have passed', [implying that] only marriage is forbidden to them but they may well be betrothed! — Raba replied: Explain and reconstruct it as follows: R. Jose said: Betrothed women who were divorced may be married, excepting the widow owing to her mourning. And how long does her mourning continue? Thirty days. And married women may not be betrothed before three months have passed. But is any mourning to be observed by an erusin widow? Surely R. Hiyya b. Ammi taught: In the case of a betrothed wife, the husband is neither subject to the laws of onan nor may he defile himself for her; and she, [in his case,] is likewise not subject to the laws of onan nor may she defile herself for him; if she dies he does not inherit from her, though if he dies she collects her kethubah! — The fact, however, is that this is a question in dispute between Tannaim. For it was taught: From the first day of the month until the fast, the public must restrict their activities in trade, building and planting, and no betrothals or marriages may take place. During the week in which the Ninth of Ab occurs it is forbidden to cut the hair, to wash clothes; and others say that this is forbidden during the entire month. R. Ashi demurred: Whence is it proved that betrothal means actual betrothal! Is it not possible that it is only forbidden to give a betrothal feast but that betrothal itself is permitted? — If so, does 'no marriage may take place' also mean that the giving of a wedding feast is forbidden but marriage itself is permitted! — How now! In the case of a marriage without a feast there is still sufficient rejoicing; in the case of betrothal, however, is there any rejoicing when no feast is held? The fact is, said R. Ashi, that recent mourning is different from ancient mourning, and public mourning is different from private mourning. MISHNAH. WHERE FOUR BROTHERS WHO WERE MARRIED TO FOUR WOMEN DIED, THE ELDEST MAY, IF HE DESIRES, CONTRACT LEVIRATE MARRIAGE WITH ALL OF THEM. WHERE A MAN WHO WAS MARRIED TO TWO WOMEN DIED, COHABITATION OR HALIZAH WITH ONE OF THEM EXEMPTS HER RIVAL.