Avodah Zarah, Daf Yod Gimmel, Part 6
Introduction
Today s section searches for a proof text for how we know that a widow is allowed to marry anyone she wants. Note, the Talmud knows that widows are allowed to remarry. It is obvious, and the Torah really didn t need to state this. However, the rabbis are still curious as to how we know this.
וקונה את עצמה בגט ובמיתת הבעל : בשלמא גט דכתיב (דברים כד, א) וכתב לה ספר כריתות אלא מיתת הבעל מנלן סברא הוא הוא אסרה והוא שרתה
And she acquires her freedom by divorce or her husband’s death. As for divorce, it is well, since it is written, then he shall write her a bill of divorce (Deuteronomy 24:1);
But from where do we know [that she is freed by] her husband’s death?
It is logic: he [the husband] bound her; he frees her.
The idea that a woman is released from marriage by divorce is written in the Torah. The idea that she is released by death is logical.
והא עריות דאסר להו ולא שרי להו
אלא מדאמר רחמנא יבמה שאין לה בנים אסורה הא יש לה בנים מותרת
But what of prohibited relations, whom he binds, and nevertheless does not free?
Rather since the Torah stated that a yevamah without children is forbidden [to the outside world], it follows that if she has children she is permitted.
The problem with the logic is that a woman is not totally free to marry whomever she wants just because her husband dies. When they get married, she becomes prohibited to certain of his relatives. She still cannot marry his relatives (his father, brother, and son).
The Talmud now does locate a source. A woman whose husband dies without children is not free to marry anyone until she either undergoes yibbum (levirate marriage) or halitzah (release therefrom). By implication, if he died with kids, she is free to marry whomever she wants.
ודילמא אין לה בנים אסורה לעלמא ושריא ליבם ויש לה בנים לכולי עלמא נמי אסורה
Perhaps if she has no children she is forbidden to the world but permitted to the yavam, whereas if she has children she is forbidden to all?
The Torah only states that if she has no children she is forbidden to any other man and permitted to the husband. A possible implication is that if she has children, she is prohibited to marry anyone. Note that while this is an unlikely way of reading the Torah, it is a possible one and therefore we do not have a textual source for a woman going free at the death of her husband.
אלא מדאמר רחמנא אלמנה לכה"ג אסורה הא לכהן הדיוט שריא
Rather since the Torah states that a widow is forbidden to a High Priest, it follows that she is permitted to an ordinary priest.
The Torah prohibits a widow from being married to a high priest. By implication she is permitted to marry a regular priest, and indeed anyone else.
ודילמא לכה"ג בלאו לכולי עלמא בעשה
Yet perhaps [she is forbidden] to a High Priest by a negative mitzvah, and to all others by an positive mitzvah?
Again, the Talmud pushes back. Perhaps there is a negative commandment not to marry a high priest, but there is a positive commandment that would prohibit her to marry anyone else. Thus there would be a positive commandment saying she must stay unmarried.
האי עשה מאי עבידתיה אי דאהניא מיתת הבעל תישתרי לגמרי אי דלא אהניא מיתת הבעל תוקמה במילתא קמייתא
This positive commandment, what is it s nature? If her husband’s death has effect, let her be entirely free; and if not, let her remain in her original status!
How can we have a positive commandment that would make her be prohibited by a positive commandment to marry anyone else? If her husband s death is effective, she should be allowed to marry anyone else. If it is not effective, there should remain a stricter prohibition of marrying anyone else.
אלמה לא אפיקתה ממיתה ואוקימתה על עשה מידי דהוה אפסולי המוקדשים דמעיקרא אית בהו מעילה ואסירי בגיזה ועבודה פרקינהו מעילה לית בהו בגיזה ועבודה אסירי
Why not? It [her husband’s death] could take her out from [the penalty of] death [for adultery] and places her under [the punishment for transgressing] a positive commandment. For this may be like consecrated animals that are unfit [for sacrifice], which originally [before they became unfit] involved a trespass-offering and cannot be sheared or worked with; yet when they are redeemed, they no longer involve a trespass-offering, but may still not be sheared or worked with?
The Talmud argues that there is precedent for a change of status lessening a prohibition such that a married woman would be penalized by death for adultery whereas a widow would be penalized for transgressing a positive commandment.
The precedent for such a phenomenon would be animals dedicated to the Temple that are unfit to sacrifice due to some sort of blemish. Before they are redeemed, one may not use them and if one does one has transgressed the sin of trespass and must bring a sacrifice. After the animals are redeemed they may be used but one still may not shear them or work them.
אלא מדאמר קרא (דברים כ, ז) פן ימות במלחמה ואיש אחר יקחנה
Rather since the verse says, Lest he die in the battle and another man take her (Deuteronomy 20:7).
When going to war, a man who recently married is exempt lest he die in battle and another man marry his new wife. Clearly a widow can remarry.
מתקיף לה רב שישא בריה דרב אידי אימא מאן אחר יבם
R. Shisha son of R. Idi raised a difficulty: Perhaps I could say that another man the yavam?
Perhaps she is only permitted to marry the brother-in-law and not any man she wants? Still, there is no proof that a widow can remarry whomever she wants.
א"ר אשי ב’ תשובות בדבר חדא דיבם לא איקרי אחר ועוד כתיב (דברים כד, ג) ושנאה האיש האחרון וכתב לה ספר כריתות או כי ימות האיש האחרון ואיתקש מיתה לגירושין מה גירושין שריא וגומרת אף מיתה שריא וגומרת :
R. Ashi said: There are two answers to this: first, the yavam is not called another man and furthermore, it is written, And if the latter husband hates her, and write her a bill of divorce . . . or if the latter husband dies (Deuteronomy 24:3) thus death is compared to divorce: just as divorce completely frees her, so does death completely free her.
R. Ashi finally puts forth an acceptable argument as to how we know that a widow may remarry. 1) When the Torah says she may marry another man, it does not mean the yavam. The yavam is not called another man. 2) The Torah compares divorce with death. Both free a woman to marry almost any man she wants (there are some restrictions, such as a widow cannot marry the high priest).