A yevamah does not receive chalitzah and she is not taken in yibum until after three months. [The reason is given in the gemara, viz. (Deuteronomy 25:7): "If the man shall not desire to take his yevamah, then his yevamah shall go up to the gate" (for chalitzah). But if he does desire, he takes her in yibum — whence: All who are subject to yibum are subject to chalitzah.] Likewise, all other women are not betrothed and are not married until after three months — both virgins [(decreed because of non-virgins)] and betrothed, [(because of married). And this is the halachah. (These three months are ninety days, excluding the day on which her husband died or on which she was divorced, and excluding the day on which she was betrothed.)], non-virgins, divorcées, widows, married or betrothed. R. Yehudah says: The married ones may be betrothed, [its being forbidden (normally) only in order to discriminate between the seed of the first and the seed of the second — so that she not bear a child of doubtful status (Nine months to the first, or seven months to the second?) But this does not apply to those who were betrothed], and the betrothed ones may be married, [not having conceived from the first] — except for the betrothed women in Yehudah, their betrothed being familiar with them. [In Yehudah they would closet the bride with the groom before they were married, so that he would become accustomed to her and disport himself with her, and so that they would not be ashamed at the (first) conjugal union of mitzvah. We are, therefore, apprehensive that he might have lived with her at that time.] R. Yossi says: All women may become betrothed, except a widow, because of her mourning. [Because R. Yehudah does not distinguish between a widow and a divorcée, and permits a widow to become betrothed even within the thirty days of her mourning, R. Yossi comes to differ with him on this, and he forbids a widow to become betrothed within the thirty days of her mourning.]
Bartenura on Mishnah Yevamot
לא תחלוץ וכו' - In the Gemara (Tractate Yevamot 41b), it explains the reason, as it is written (Deuteronomy 25:7): “But if the man does not want to marry his brother’s widow, his brother’s widow shall appear [before the elders in the gate and declare, ‘My husband’s brother refuses to establish a name in Israel for his brother; he will not perform the duty of the levir’],” but if he desires, he should perform the duty of the levir (i.e., perform levirate marriage). All who go up for levirate marriage go up for Halitzah and all who do not go up for levirate marriage do not go up for Halitzah.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah teaches that certain women must wait three months before remarrying in order that there will be no confusion as to whether the subsequent pregnancy is from the previous husband or the new husband.
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Bartenura on Mishnah Yevamot
בתולות – we make the decree because of women who have had sexual relations, and betrothed woman because of married women, and such is the Halakha. And these three months are ninety days excluding from it the day her husband died, or when she was divorced from him, and excluding from it the day when she became betrothed to him.
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English Explanation of Mishnah Yevamot
The yevamah shall neither perform halitzah nor be taken in yibbum before three months have passed [since her husband’s death]. The yevamah may not perform halitzah or be taken in yibbum for three months lest she be pregnant with her first husband’s child. We encountered this problem in mishnayoth one and two of this chapter. There the mishnah dealt with the problems that could occur if she does get married or perform halitzah within this period. Here the mishnah states that in order to avoid those problems, she should wait three months.
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Bartenura on Mishnah Yevamot
הנשואות יתארסו – that the reason that she is forbidden in order to distinguish between the seed of the first to the seed of the second, so that she should not give birth to a undetermined/doubtful son (i.e., so that we would know who the actual father was), a son of seven months [pregnancy] to the first [husband] or doubtfully a son of seven [months] to the latter [husband] and with regard to betrothed women, one doesn’t not have to say this.
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English Explanation of Mishnah Yevamot
Similarly all other women shall be neither be betrothed nor married before three months have passed. Whether they were virgins or non-virgins, whether divorcees or widows, whether married or betrothed. Rabbi Judah said: those who were married may be betrothed [immediately], and those who were betrothed may be married [immediately], with the exception of the betrothed women in Judea, because there the bridegroom was intimate with [his bride]. Rabbi Yose said: all [married] women may be betrothed [immediately] with the exception of the widow because of her mourning. The mishnah now broadens its scope and says that all widows and divorcees should not remarry within three months, again so that it is clear whose child the new baby is. Note that in these cases the only issue is inheritance and status of the child (i.e. is the child a kohen). There are now three opinions in the mishnah as to which women must wait three months. According to the first opinion, all women, even if they were merely betrothed must wait three months. Although generally betrothed women should not have had sexual relations with their husbands, and hence it should be clear that the pregnancy with her new husband is from him, she should still wait. The idea may be that in order not to create confusion, all women wait an equal period. According to Rabbi Judah a woman who was divorced or widowed from a full marriage may be betrothed within three months, because betrothal does not usually entail sexual relations. A woman who was divorced or widowed from betrothal may even be married within three months for the same reason. The only exception is the betrothed woman in Judea. According to this source and Mishnah Ketuboth 1:5, there was a suspicion that in Judea men might have relations with their betrothed wives before proper marriage. Therefore in Judea the betrothed woman is treated like a married woman and she must wait. Rabbi Yose says that all women may be betrothed within three months, but not widows. The reason that widows have to wait (and divorcees do not) is not in order to recognize whose child the new baby is, but because the widow cannot even be betrothed while mourning. We can see in this mishnah that betrothal was seen to be a joyous occasion and that they probably would celebrate it with a party. The Talmud states that this period is one month. Hence divorcees can be betrothed immediately and widows must wait a month. Of course, both would have to wait three months for proper marriage.
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Bartenura on Mishnah Yevamot
והארוסות ינשאו – for she was not made pregnant from the first [husband].
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Bartenura on Mishnah Yevamot
חוץ מארוסה שביהודה – for they would bring together the bride and the groom in Judea prior to their entrance to the wedding canopy in order that he would be used to her and he would sport with her and they would not be embarrassed one from the other through the commanded act of sexual intimacy; therefore, we suspect that perhaps he had sexual intercourse [with her].
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Bartenura on Mishnah Yevamot
כל הנשים יתארסו – because Rabbi Yehuda does not distinguish between widows to divorcees and permits for the widow to be betrothed even within thrirty days of the days of her mourning; Rabbi Yosi comes to dispute him on this and prohibits the widow to become betrothed within thirty days of her days of mourning.
