IS THERE A STAM MISHNAH THAT WE DO NOT FOLLOW? [line 1]
Question (R. Nachum): Sometimes the Halachah does not follow a Stam Mishnah!
(Mishnah): If a flax comb is missing teeth, if two teeth remain, they can become Tamei. If one tooth remains, it is Tahor;
Each tooth that is taken from the comb is Tamei;
If every alternate tooth was taken from a wool comb, it is Tahor. If three remain in one place, it is Tamei. If one of them is the end tooth, it is Tahor.
If two were taken and they were made into tongs they are Tamei. If one was taken and fixed for a lamp or for stretching parchment, it is Tamei.
(Summation of question): Even though this is a Stam Mishnah, the Halachah does not follow it!
Answer (R. Avahu): This Mishnah is an exception. R. Yochanan and Reish Lakish both said that it is not an authentic Mishnah.
Question: Why did they say so?
Answer #1 (Rav Huna bar Mano'ach): The Reisha contradicts the Seifa.
'If every alternate tooth was taken from a wool comb, it is Tahor' implies that if two remain together, it is Tamei;
'If three remain in one place it is Tamei' implies that if two remain together it is Tahor!
Objection: This is not difficult. Perhaps if one of the two is the end tooth it is Tahor (for it is not useful), and if not, it is Tamei!
Answer #2: Rather, the Reisha says that an individual tooth taken is Tamei, even if it was not fixed for usage. The Seifa says that it was prepared for a lamp or for stretching it is Tamei. This implies that if it was not prepared, it is Tahor!
Objection #1 (Abaye): This is not difficult. A tooth removed with a small wooden holder is Tamei without further preparation. If it lacks this, it is Tahor until it is prepared!
Objection #2 (Rav Papa): We can say that strong teeth need no preparation, but weak teeth need preparation!
Answer #3: Rather, the correct text of the Mishnah concludes 'this is R. Shimon's opinion' (it is not a Stam Mishnah).
HOW LONG MUST ONE WAIT BEFORE KIDUSHIN? [line 25]
(R. Chiya bar Avin): We may be Mekadesh within three months. We do so in practice.
(R. Elazar): It suffices to wait the majority of the first and third months, and the entire second month.
Ameimar permitted to be Mekadesh on the 90th day.
Question #1 (Rav Ashi): Rav and Shmuel say that she must wait three months, excluding the day of death and day of Kidushin!
Answer: They said so (we exclude the first and last day) regarding a nursing woman:
(Rav and Shmuel): A nursing woman must wait 24 months (before remarrying), excluding the day the baby was born and the day of Kidushin.
Question #2: A man made a Kidushin feast on the 90th day, and Rava canceled it!
Answer: That was a wedding feast.
The Halachah is, a nursing mother must wait 24 months, excluding the day of birth and day of Kidushin;
All must wait three months, excluding the day of death and day of Kidushin.
ISURIM OF AVEILUS [line 41]
(Mishnah - R. Yosi): (Anyone may become Mekudeshes) except for a widow (due to Aveilus).
Question (Rav Chisda): If Kidushin is permitted when one may not launder, all the more so it is permitted when one may launder!
Rav Chisda refers to the following Mishnah and Beraisa;
(Mishnah): It is forbidden to cut hair or launder in the week (starting from Shabbos) in which Tishah b'Av falls. It is permitted on Thursday, for the honor of Shabbos.
(Beraisa): Before this time (Tishah b'Av), we decrease work, commerce, building, and planting. We may be Mekadesh, but we do not have Nisu'in or Se'udas Eirusin.
Answer: The Beraisa permits Kidushin before the week before Tishah b'Av (laundering is permitted then).
Question (Rava): We still have a Kal va'Chomer!
(From Rosh Chodesh Av but) before the week we may not do [excessive] business, but Kidushin is permitted. When business is permitted (an Avel within 30 days), all the more so Kidushin is permitted!
Answer #1 - Correction: The Mishnah should say that R. Yosi permits all women to get married (except for a widow).
Question: Is R. Yosi not concerned for discerning the father?
Answer #1: Indeed, he is not concerned!
Answer #2: He is concerned. The Mishnah should say that anyone divorced from Kidushin may remarry (but a widow may not).
Objection: That is R. Yehudah's opinion!
Answer: They argue about whether or not a divorcee from Nisu'in may become Mekudeshes. R. Yehudah permits, and R. Yosi forbids.
Question: R. Yosi permits this!
(Beraisa - R. Yosi): All women may become Mekudeshes, except for a widow, who must wait 30 days because of Aveilus. All may not have Nisu'in until three months.
Objection: This is no more conclusive than the Mishnah, which also says 'All women', and we established that it discusses divorcees from Kidushin. Perhaps also the Beraisa permits Kidushin for divorcees from Kidushin.
Answer: The Seifa forbids Nisu'in until three months. This implies that Kidushin is permitted!
Answer (Rava): Explain the Beraisa thusly: R. Yosi permits divorcees from Kidushin to have Nisu'in. Widows must wait 30 days because of Aveilus. Women who were married may not become Mekudeshes for three months.
Question: A widow from Kidushin does not mourn over her husband!
(R. Chiya bar Ami - Beraisa): If an Arusah died, the Arus is not considered an Onen (a mourner before burial of the Mes) and he need not become Tamei amidst burying her;
Similarly, if he died she is not an Onenes and need not become Temei'ah;
If she dies, he does not inherit her. If he dies, she collects her Kesuvah (if he wrote one to her).
Answer #2 (to Question (d)): (Do not change the text of the Mishnah.) Tana'im argue about whether or not a woman may become Mekudeshes during Aveilus.
(Beraisa): From the first of Av until Tishah b'Av we diminish business, commerce, building, planting, Kidushin, and Nisu'in;
The week of Tishah b'Av it is forbidden to cut hair and launder;
Some say that the entire month is forbidden.
Objection (Rav Ashi): Perhaps the Beraisa forbids only Se'udas Eirusin, but Kidushin itself is permitted!
Question: If so, also regarding Nisu'in we must say that only the meal is forbidden, but Nisu'in itself is permitted (but this is not true)!
Answer: That is not comparable. Nisu'in is joyous even without a meal, but Kidushin is not!
Answer #3 (Rav Ashi): Rather, we are more stringent about the loss of a spouse, since this is a new Aveilus, and it is of an individual. The Aveilus over the Churban is an old Aveilus of the Tzibur, so we are lenient.
ONE MAY DO YIBUM WITH MANY WOMEN [line 38]
(Mishnah): If four brothers were married to four women and the brothers died, if the oldest brother wants he may do Yibum to all of them (this will be explained);
If a man was married to two women and died, Yibum or Chalitzah of one exempts the other.