Here the Talmud is not the last word TB Yevamot 41

 When studying halakha, I teach that the Torah is only the first word in the discussion and not the last. Daf TB Yevamot 41 shows that even the Talmud is not the last word either even if it gives that impression. In order to determine paternity of the child, the Mishnah teaches that the yevama has to wait three months before she enters into a levirate marriage. If the child is born before the seventh month, the child was fathered by the dead husband. If the child is born on the seventh month, the yavam is the father.

Before she was married, her father supported her. While she was married her husband supporter. During this three-month waiting period who supports her? If the yavam refuses to do yibum or halitza, because she is in limbo and can’t marry anybody else, how is the yevama supported?

“The Gemara mentioned that a yevama is supported from her deceased husband’s estate. It now proceeds to cite a baraita that teaches this halakha: The Sages taught: A yevama during the first three months following her husband’s death receives sustenance payments from the husband’s estate. This is because her previous marriage to him is the cause of her current unmarried state, since is it due to that marriage that she must first wait three months before remarrying. From this point forward, she does not receive sustenance payments, neither from the husband’s estate nor from the yavam, as he has not yet consummated a levirate marriage with her.

“The baraita continues: If the yavam was brought to judgment and it was decided that he was obligated to either consummate the levirate marriage with her or perform ḥalitza, and he ran away to avoid doing so, she receives sustenance payments from the estate of the yavam, which is his penalty for neglecting his duty.

“The Gemara asks: If she happened before her yavam who is a minor for levirate marriage, what is the halakha? From the yavam she does not have any right to sustenance payments because, as a minor, he is unable to consummate a levirate marriage, but as to payments from her husband’s estate, what is the halakha? Since his death placed her in a situation that forces her to remain in an unmarried state, does his estate have to take the responsibility of supporting her?

“Rav Aḥa and Ravina disagree with regard to this matter: One said she does have rights to sustenance payments, and the other one said she does not have any rights. And the halakha is that she does not have any rights to sustenance payments. This is because the husband is not considered to be responsible for her situation; rather, it is thought that she was penalized by Heaven.” (Sefaria.org translation)

Everything seems fair and just until we reached the case of a minor who doesn’t reach majority until well after the three months waiting. The Gemara clearly states in this case that the yevama does not have any rights of support after three months have elapsed until the child reaches the age of majority for a very cruel and unjust reason i.e. she was penalized by heaven.

However, the Gemara isn’t the last word in this case either. There were Geonim who wrote teshuvot, responsa, instructing in cases like this when the yevama cannot support herself, she is supported from her dowry. When the minor grows if he performs the levirate marriage, he receives the dowry. If he performs halitza, she collects her ketubah, marriage contract.

We see that Jewish law has always evolved and the just and moral response has always been a major influence in deciding when a change is needed.