Comentario sobre Yevamot 16:1

הָאִשָּׁה שֶׁהָלַךְ בַּעְלָהּ וְצָרָתָהּ לִמְדִינַת הַיָּם, וּבָאוּ וְאָמְרוּ לָהּ מֵת בַּעְלֵךְ, לֹא תִנָּשֵׂא וְלֹא תִתְיַבֵּם, עַד שֶׁתֵּדַע שֶׁמָּא מְעֻבֶּרֶת הִיא צָרָתָהּ. הָיְתָה לָהּ חָמוֹת, אֵינָהּ חוֹשֶׁשֶׁת. יָצְתָה מְלֵאָה חוֹשֶׁשֶׁת. רַבִּי יְהוֹשֻׁעַ אוֹמֵר, אֵינָהּ חוֹשֶׁשֶׁת:

Si el esposo de una mujer y su tzarah se fueron al extranjero, y vinieron y le dijeron: Su esposo murió, no puede volverse a casar [(ya que su esposo se había ido sin hijos)], y no puede ser tomada en yibum hasta que sepa que su tzarah no había estado embarazada [no sea que su tzarah hubiera dado a luz. Y si alguien preguntara, que le den chalitzah y luego que se case con "al mercado", cualquiera sea el caso—la gemara responde: Una jalutza no es apta para el sacerdocio, y si se le da jalázala y luego se descubre que su tzara había dado a luz un niño "sobreviviente" y que la jalá no tenía sentido, tendría que ser proclamada como kasher para el sacerdocio, no haber sido hecho inadecuado por esa jalita. Y si uno hubiera estado presente en la jalá, pero no en la proclamación de "rescisión", y luego la viera casada con un Cohein, él diría que se le permite una jalutza a un Cohein.] Si ella tuviera una suegra [en el extranjero], no debe temer [que le hayan "dado" un yavam. A pesar de que arriba tememos que su tzarah no haya dado a luz, eso es porque lo que ella dio a luz, hombre o mujer, la liberaría del yibum; pero, en cuanto a la suegra, donde incluso si tuvo un hijo, el primero está vinculado al yibum solo si dio a luz a un hijo, consideramos la posibilidad de que haya tenido un aborto espontáneo o (incluso si asumimos que tuvo no abortó) que podría haber dado a luz a una mujer.] Si ella (la suegra) salió "llena" (es decir, embarazada), teme [que le hayan dado un yavam.] R. Yehoshua dice: Ella no teme. [La halajá no está de acuerdo con R. Yehoshua.]

Bartenura on Mishnah Yevamot

האשה. לא תנשא – since her husband went [abroad] without children.

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English Explanation of Mishnah Yevamot

Introduction This mishnah deals with a woman whose husband died abroad and she is not sure whether or not she is obligated to have yibbum with his brother.

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Bartenura on Mishnah Yevamot

ולא תתיבם – for perhaps her rival/associate wife gave birth, and if she should say, perform the ritual of removing the shoe of the brother-in-law who refuses to perform levirate marriage, and afterwards marry whomever you want in the world whichever way you turn. They answered in the Gemara (Tractate Yevamot 119b) because a woman whose husband died without children who has performed the rite of Halitzah with a brother of the deceased is disqualified of [marrying into] the priesthood and if she should perform the rite of Halitzah and it is found afterward that her rival/associate wife gave birth to a living child, her Halitzah is not anything, they need to announce concerning her that she is fit for the priesthood, and was not disqualified on account of that rite of ahalitzah. And whomever that it is found at the time of her Halitzah, and is not found at the time where they announced about the Halitzah, it is nothing and she is not disqualified from the priesthood through her and when he sees her afterwards married to a Kohen, he would say that a woman who had performed the rite of Halitzah is permitted to a Kohen.

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English Explanation of Mishnah Yevamot

A woman whose husband and rival wife went to a country beyond the sea, and to whom people came and said, “your husband is dead”, must neither marry nor contract yibbum until she has ascertained whether her rival wife is pregnant. In this case, the husband and a rival wife went abroad, and at that time the husband had no children. Although the wife who remained behind is certain that her husband is dead, she does not know whether she is liable for yibbum, because she doesn’t know if her rival wife had children while abroad. Therefore she cannot remarry.

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Bartenura on Mishnah Yevamot

היתה לה חמות – abroad.

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English Explanation of Mishnah Yevamot

If she had a mother-in-law she need not be concerned [she had another son]. But if [the mother-in-law] departed while pregnant she must be concerned [that another son was born.
Rabbi Joshua says: she need not be concerned. If the husband traveled abroad and at that time he had no brothers, his wife need not be concerned lest her mother-in-law gave birth to a child before her husband died. Perhaps this is because it is uncommon for a woman to give birth to another child after her older child is already married. Furthermore, even if the mother-in-law gave birth, only a male child will make the wife liable for yibbum. This distinguishes this case from the case in section where a child of other sex will exempt the wife from yibbum, and therefore we are concerned lest she be exempt. If, however, the mother-in-law was pregnant when she traveled, the daughter must be concerned, lest she gave birth to a male child. The wife must wait until she is certain that her mother-in-law did not have a boy. Rabbi Judah holds that in this case as well, the wife need not be concerned and may remarry immediately. This is because there are “two doubts”. The mother-in-law may have miscarried (as older women often do), and even if she gave birth to a viable child, the child might be female. In cases of “two doubts”, the halakhah is generally more lenient.

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Bartenura on Mishnah Yevamot

אינה חוששת – perhaps she had been given a levir even though we suspect above lest her rival wife had given birth whether to a male or a female, he exempts her to this one who is performing the duty of levirate marriage but her mother-in-law, if she also gave birth, she would not be needed for her for this one but if she had given birth to male, it is possible to state that perhaps she aborted, and if you can assume that she did not abort, perhaps it was a girl.

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Bartenura on Mishnah Yevamot

יצתה מלאה – pregnant.

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Bartenura on Mishnah Yevamot

חוששת – perhaps she had been given a levir. But the Halakha not according to Rabbi Yehoshua who said that she does not have to worry/scruple [concerning her].

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