Yevamot 31: Levirate v Agnate Marriages

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When a bet din – a Jewish court – needs to establish facts in order to make a decision, the preferred method is to listen to the testimony of eyewitnesses and rule according to the statement that they make. The principle taught by the Torah is that testimony of two witnesses is accepted as definitive (see Devarim 19:15), and in the words of the Talmud, trei ke-me’ah – if two witnesses testify, it is as though one hundred did.

What if two pair of witnesses come into court and each tells a different, conflicting story?

In such a case the Gemara rules that we must use other methods in order to reach a conclusion on how to decide the case.

The Gemara’s suggestion is to rely on chazaka – we accept the status quo ante, i.e. that the situation has not changed – until we find compelling evidence that suggests otherwise.

We continue to explore the difference between Levirate and Agnate marriages with the work of Dr Samuel Belkin.

Yevamot 30: Conversos

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There are two Mishnayot on today’s daf that are almost identical. In both of them, the scenario opens with three brothers, two of whom are married to sisters, while the third brother is married to an unrelated woman.

The Gemara asks the obvious question – why do we need both of these Mishnayot? Aren’t the cases so similar that there is no need to repeat the rule a second time?

The Gemara’s response is that we really do not need both, and that the rule of the second Mishna can be understood from the first.

Nevertheless, once it was taught, Mishna lo zaza mimkoma – the Mishna is not moved from its place.

We continue our exploration of levirate marriage, today regarding the conversos especially the work of the history Yosef Hayim Yerushalmi.

Yevamot 29: Ruth and Boaz

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The commandment of yibum that we have been discussing throughout Massekhet Yevamot is carried out by an act of sexual relations between the brother (the yavam) and the widow (the yevama). According to the Torah, there is no need to first offer a ring or a marriage contract, as in a regular wedding, since this is effectively a continuation of the first brother’s marriage. Nevertheless, if one of the surviving brothers offers a betrothal ring to the widow – an act referred to in the Mishna as ma’amar – at least on a Rabbinic level, the yibum process is considered to have begun.

The Mishna on our daf offers a scenario in which there are three brothers, two of whom are married to sisters, while the third one is single. One of the married brothers dies, and the brother who is single offers ma’amar to the widow. Then the second married brother dies, as well.

We explore the levirate marriage of Ruth in our tradition and from the scholarly perspectives.

Yevamot 28: Marrying Two sisters...Yaakov a Model for Polygamy

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The Mishna on our daf teaches that although the Tanna Kamma requires that both widows receive halitza, there is an opinion – Rabbi Shimon – that rules that these two sisters are permitted to marry whoever they want without a need for halitza (the brother certainly cannot marry both sisters, a relationship that is forbidden by the Torah).

The Gemara  suggests that Rabbi Shimon does not require halitza for these sisters because of his reading of the passage in Vayikra (18:18) that forbids marrying two sisters. He understands that the pasuk teaches that when sisters somehow gain the status of tzarot (rival wives), as they do in our case, neither of them will be permitted. 

We explore the biblical origin of polygamy and the way chazal explain Yaakov Avinu’s marrying two sisters. from a halachic standpoint.We then examine a modern society (Mormons) who used the biblical narrative of Jacob to rationalize their practice.

Yevamot 27: Divorce or Levirate betrothal?

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The concept of zika – the almost marital relationship that exists between the yavam and the yevama before they have had the opportunity to fulfill the mitzva of yibum or halitza (see Yevamot 18).

The discussion of zika is revived on our daf in the context of the following case:

There were three brothers and two of them were married to two sisters. The married brothers died, and both widows become potential yevamot to the surviving brother. In this case he certainly cannot marry (i.e. perform yibum with) both sisters, a relationship that is forbidden by the Torah. Can he marry one of them?

The rabbis also turn their attention to which should be considered first, a woman who holds a get, a divorce certificate, or a woman who has been betrothed in levirate marriage.

We explore further examples of Chalitzah as practiced in the Sephardic community as well as a famous responsa of the RADVAZ in the 16th century concerning an Agunah in Jerusalem.

Yevamot 26: Karaite Halacha

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We begin Perek III with another new Mishna. It teaches about the case of four brothers, two of whom married two sisters and then died, leaving them childless. The levirate bond that exists between each brother and sister precludes them from marrying, due to the forbidden sexual relationships between brothers and their wives' sisters (the levirate bond serves as a reminder of the sexual bond between the brothers and both women). Thus the women must perform chalitza; if they married before consulting the court, they must divorce.

Rav rules that when three sisters fall to Yibum to two brothers, one brother does Chalitzah with one sister, the other brother does Chalitzah with the second sister, and then both brothers must do Chalitzah with the third sister.

Our Daf infers from this ruling that Chalitzah with one's "Achos Chalutzaso" (the sister of a woman with whom he did Chalitzah) is considered a "Chalitzah Pesulah," and whenever a Chalitzah Pesulah is performed it must be done by all of the brothers in order to take effect and release the woman from the requirement of Yibum (because the bond of Zikah is too strong to be broken by a Chalitzah Pesulah).

A "Chalitzah Pesulah" is defined as a Chalitzah done by a brother who was not permitted to do Yibum.

The Rambam (Yibum 7:10) describes another case of chalitza pesulah. A man dies and leaves two wives, and one is forbidden to his brother with the strength of a lav. If he does chalitza to that wife, it is not good enough to work for the wife who was permitted to him, and he has to do chalitza to her as well.

We explore Karate traditions and levirate marriage and the remarkable fact that marriages between Karaites and Rabbinates continued as late as the RAMBAM who paskened their marriages were kosher but their gitten were not.

How does their exegesis regarding yibum differ from the rabbinic tradition and how much closer were they to the pshat?

Yevamot 25: Self Incrimination

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If a man reports to the beit din (the Jewish court) that a certain man has died, based on that testimony the beit din will act to allow the dead man’s wife to marry.

The Mishna on our daf teaches that if the man testified that a man had died, or if he said that he had killed a certain person, or that he was involved in the murder, the beit din will accept his testimony and permit the wife to marry. Nevertheless, the witness (or, perhaps, the murderer) will not be allowed to marry the widow himself.

Rabbi Yehuda disagrees in the case where the man testifies that he was the murderer and says that in such a case we cannot accept his testimony at all, since we do not allow a person to incriminate himself.

Therefore the woman cannot marry him or anyone else, since we must assume that her husband is still alive

By dint of the fifth amendment to the Constitution, US citizens are protected from being forced to give self-incriminating testimony; pleading the fifth is a common refrain in many a courtroom.

Jewish law goes one step further; it forbids the giving of self-incriminating evidence. Ein adam masshem aztmo rasha, a person cannot turn himself into an evil person.

Thus, one who admits to having killed someone cannot be convicted based on his own testimony.

While we cannot convict based on self-incriminating evidence, may we accept his testimony regarding others?

We explore the legal/halachic notion o self incrimination auth how it compares with American Law.

Yevamot 24: Legislating Motive

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Prospective converts are first discouraged from converting. Only after being told of the difficulties of life as a member of the Jewish community will the convert be accepted, once they have convinced the Beis Din of their sincerity.

Our daf teaches that someone who has a relationship with a non-Jewish woman should not marry her after she converts.

Nevertheless, if he does marry her, we do not obligate him to divorce her.

We explore the possible scenarios where motives are impugned and some historical examples (Spain 1391) of forced conversions.

And the halachic ramifications of a conversion obtained through deceit.

Yevamot 23: גֵר שֶׁנִּתְגַּיֵּיר כְּקָטָן שֶׁנּוֹלַד דָּמֵי

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Rav Naḥman said: Since the issue of converts and their relatives has come to hand and is the topic of discussion, let us say a matter of halakha: Maternal half-brothers who both convert may not testify together as a pair of witnesses before the court, but if they did testify, their testimony is valid. Although blood relatives are invalid as witnesses, converts are considered as though they have no relations. Paternal half-brothers who both convert may testify together ab initio, since the halakha does not consider paternal half-brothers of gentiles to be true relatives. Ameimar said: Even maternal half-brothers may also testify together ab initio.

In what way is this case different from forbidden relations, where a convert may not marry his maternal sister due to rabbinic decree? The halakhot of forbidden relations are handed over to all, and every individual chooses his own wife. Therefore, the Sages issued a decree to prevent confusion between the status of a convert and that of a born Jew. However, testimony is handed over to the court, and the court knows to distinguish between the status of a born Jew and that of a convert. And the legal status of a convert who just converted is like that of a child just born, and all previous family ties become irrelevant.

We explore the notion of being born again and how this notion affects halachic practice and how ambivalent Halacha is regarding attraction of converts.

Yevamot 22: The Curse That Keeps On Giving

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The two components are for a married man to die with no offspring, and to have a living brother who can marry his widow, thus fulfilling the mitzva of Yibum.

The Mishna on our daf teaches that having any brother will allow the commandment to take effect, except for a brother that was born to a non-Jewish woman or slave;

similarly, having any child will keep the commandment from taking effect, except for a child that was born from a non-Jewish woman or slave.

Our daf interprets the use of the expression “any brother” and “any child” to include even the case of a brother or child who was a mamzer– who ordinarily is not allowed to marry into the Jewish community

We explore the cultural history of mamzerut with Professor Meir bar Ilan’s paper on Attitudes in Late Antiquity,

and a review of recent Israeli court struggles with the rights of citizens labeled mamzerim with human rights.

Yevamot 21: Shlomo תִּקֵּן מְשָׁלִים הַרְבֵּה

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Our daf explains how we learn the law of secondary relationships from the Torah as follows:

Rav Yehuda said from here: with regard to King Solomon:

ט וְיֹתֵר, שֶׁהָיָה קֹהֶלֶת חָכָם: עוֹד, לִמַּד-דַּעַת אֶת-הָעָם, וְאִזֵּן וְחִקֵּר, תִּקֵּן מְשָׁלִים הַרְבֵּה.

9 And besides that Koheleth was wise, he also taught the people knowledge; yea, he pondered, and sought out, and set in order many proverbs.

Eccl 12:9

“He weighed [izzen] and sought out, and set in order many proverbs” and Ulla said that Rabbi Elazar said: Before Solomon came, the Torah was like a basket [kefifa] without handles [oznayim], until Solomon came and made handles for it.

By means of his explanation and proverbs he enabled each person to understand and take hold of the Torah, fulfill its mitzvot, and distance himself from transgressions.

We examine the traditional midrashic material concerning Shlomo Hamelech’s wisdom and use of the parable as a tool to make lofty spiritual concepts accessible.

Yevamot 20: קַדֵּשׁ עַצְמְךָ בַּמּוּתָּר לָךְ

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A prohibition stemming from sanctity is referring to secondary relationships forbidden by rabbinic law. And why is this called a prohibition stemming from sanctity? Abaye said: Whoever fulfills the words of the Sages is called sacred. Rava said to him: The language you use is not precise, since if so, whoever does not fulfill the words of the Sages is not called sacred, which implies that he is also not called wicked. However, anyone who transgresses the words of the Sages is in fact referred to as wicked.

Rather, Rava said that the reason why this is called a prohibition stemming from sanctity is that the term sanctity indicates differentiation or separation, and there is a principle קַדֵּשׁ עַצְמְךָ בַּמּוּתָּר לָךְ

you must sanctify yourself by refraining from that which is permitted to you by Torah law. The Sages decreed against secondary forbidden relations so that one would not eventually come to transgress Torah law.

Yevamot 19: Where Is The Consent?

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Is yibum, levirate marriage, the same as any other marriage, or not? If the zika is substantial, how can we easily exempt a woman from yibum, regardless of the situation? If marriage is assumed and almost automatic for a yevama and her yibum, shouldn't chalitza or intercourse always be necessary to affirm or finalize the status of the relationship?

Rebbi and the Chachomim argue if maamar is comparable to kiddushin or not; all agree that kiddushin can be performed only with the consent of the woman.

Mention is made on our daf, of a yevama who is raped by her yivam. Because yibum is considered to be the same as marriage, most rules apply:

But in 'regular' marriage, the woman must consent to her betrothal, if not the marriage. So why not in this situation?

We explore the notion of consent in Halacha and modern iterations of forced betrothals and marriages in our community.

Yevamot 18: Power of Zikah

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Our Daf deals with the relationship between the yavam (the brother upon whom the commandment of yibum falls) and the yevama (the widow) prior to their fulfilling the commandment of yibum or, alternatively, their decision to perform halitza, which will effectively end their familial connection?

Could the brother choose to marry one of the yevama’s immediate relatives (e.g. her mother or her sister), or would that be tantamount to marrying a forbidden woman to whom he is related through marriage?

To deal with this question, the Gemara introduces the concept of zika and teaches that there is an argument whether zika exists between the yavam and the yevama.

Our daf records a dispute with regard to whether "Yesh Zikah" or "Ein Zikah" -- is the bond of Zikah between the Yevamah and the Yavam comparable to the bond of marriage?

Rav Huna in the name of Rav maintains "Ein Zikah," and Rav Yehudah maintains "Yesh Zikah.”

How strong is it? Do we say that it is almost like marriage that already exists?

In a related t'shuvah regarding zikuk, the Chasam Sofer, cites the Zohar which emphasizes that the niftar suffers until yibum or chalizah is performed…

which leads us to explore the relative weight the zohar plays in halachic decision making and instances where halacha differs from the zohar.

Yevamot 17: "When Brothers Live Together"

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One of the women about whom the first Mishna (2a) taught that there is no mitzva of yibum is the case of eishet ahiv she-lo hayah be-olamo – when there is a brother who was not born until after the woman became a widow. In such a case, the severe prohibition of a person marrying his brother’s wife remains in effect, and the woman does not have to wait until the newborn child is old enough to perform yibum or halitza; she can get married immediately.

This halakha is mentioned as one of 15 cases in the first Mishna in the massekhet; the first Mishna of the second perek- which begins on our daf– deals with it in some detail. The Gemara suggests that the source for this halakha is the passage that opens the rules of yibum (see Devarim 25:5), beginning with the condition “when brothers live together,” which implies that this is a law that applies only when the brothers were alive at the same time.

We explore the notion of the brothers in Debt 25:5 and the commentators to that verse then go on to look at Levirate marriage by the Ethiopian Beta Yisrael as a witness to post biblical pre rabbinic interrelations.and their refusal to perform levirate marriage.

Yevamot 16: Chagai's 3 Innovations

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On our daf the rabbis gather together to question Dosa ben Harkinas, a Sage well over 100 years old who ruled with Beit Shammai that rival wives were permitted.

Dosa then shares three learnings of Haggai, one of which affirms Beit Hillel’s view on rival wives.

These opinions, one about the poor man’s tithe and the other about converts from Karduyin and Tarmodim, are discussed throughout the remainder of our daf.

We explore the prophecy of Chaggai and the rabbinic views about the ending of ruach hakodesh with the three latter minor prophets with Ezra-Nechemia marking the beginnings of a shift toward rabbinic leadership,

Chagai is to be seen as a transitional work from the prophetic era to the post-prophetic period.

Yevamot 15: Chumra

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Earlier we learned that a marriage permitted according to Beit Shammai would lead, according to Beit Hillel, to a serious consequence of a child being a mamzer and being forbidden to marry a Jew.

The question therefore is, did Beit Shammai actually follow their point of view in practice?

According to Beit Shammai, however, the tzarah is treated independently and is subject to the rules of yibum and/or halitza as if she had been the only wife of the deceased.

The Mishna comments that, their disagreement notwithstanding, the families of Beit Shammai and Beit Hillel continued to marry one another.

The term, “Chumra” means stringency. It is used often in matters of Jewish Law.

The original definition of Chumra has taken on a different meaning in modern day Orthodox Judaism.

At times this interpretation can have positive results, while at other times, it can have very negative detrimental effects.

Yevamot 14: Beis Shammai vs Beis Hillel

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We learned on yesterday’s daf Bet Hillel believes that if a man was married to two women, one of whom was forbidden to marry his brother, in the event that he dies without children, neither she nor her fellow-wife (a tzarah in the language of the Mishnah), will become yevamot. According to Bet Shammai, however, the tzarah is treated independently and will be subject to the rules of yibum and/or chalitzah as if she had been the only wife of the deceased. The Mishnah comments that their disagreement notwithstanding, the families of Bet Shammai and Bet Hillel continued to marry one-another.

This agreement is somewhat surprising, since the ramifications of performing yibum when it is forbidden can be severe, including the birth of offspring that may be considered to be mamzerim!

Yet the gemara insists Although Beit Hillel prohibit and Beit Shammai permit, and these disqualify the women and those deem them fit, Beit Shammai did not refrain from marrying women from Beit Hillel, nor did Beit Hillel refrain from marrying women from Beit Shammai.

This raises many questions tackled by the daf.

We explore Arguments for the Sake of Heaven… And Not, and how Halacha seems to divide us in current communities.

Yevamot 13: לֹ֣א תִתְגֹּֽדְד֗וּ

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On our daf

Reish Lakish said to Rabbi Yoḥanan: I should read here the verse:

א בָּנִים אַתֶּם, לַיהוָה אֱלֹהֵיכֶםגֹּדְדוּ, וְלֹא-תָשִׂימוּ קָרְחָה בֵּין עֵינֵיכֶם--לָמֵת.

1 Ye are the children of the LORD your God: ye shall not cut yourselves, nor make any baldness between your eyes for the dead.

Deut 14:1

“You shall not cut yourselves [titgodedu]” which is interpreted as meaning: Do not become numerous factions [agudot]. In other words, the Jewish people should be united, rather than divided into disparate groups that act in different ways. Before analyzing this issue, the Gemara asks: This verse: “You shall not cut yourselves,” is required for the matter itself, as the Merciful One is saying: Do not cut yourselves over the dead. How is the halakha concerning factions derived from this apparently straightforward verse?

The Gemara answers: If so, that the verse comes to teach only about the practices of mourning, let the verse state only: You shall not cut.

What is the meaning of: “You shall not cut yourselves”? Learn from this that it comes for this purpose as well, to teach the prohibition against splitting into factions.

This argument goes to the very heart of biblical interpretation: Can a verse hold more than one meaning? Must it always make reference to its context first and foremost?

Don't we learn that Jews are not supposed to cut ourselves off from each other; we should act as one? Or, perhaps we are truly referring to "cutting oneself", which is strictly prohibited. It seems that cutting as a form of mourning was an understood practice.

We cite the Netziv’s unique interpretation then go on to explore what self multilation means in mourning and in young people today (cutting) as well as recent archaeological discoveries in Ashkelon.

Yevamot 12: ‘שׁוֹמֵר פְּתָאִים ה

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In determining who is a minor the Rabbis say: Both this one and that one, i.e., in all these cases, she may go ahead and engage in relations in her usual manner, and Heaven will have mercy upon her and prevent any mishap, since it is stated:

ב כִּי-הִטָּה אָזְנוֹ לִי; וּבְיָמַי אֶקְרָא.

2 Because He hath inclined His ear unto me, therefore will I call upon Him all my days

Ps 116:2

“The Lord preserves the simple”

The justification for engaging in dangerous activities is based on a halachic concept known as "shomer peta'im Hashem"[ which translates as, "God guards the unwise.

According to this principle, something which is considered to be a mainstream or routine activity is permitted to be performed even though it includes dangerous elements.

This is true as long as the risks involved are proven to be negligible.

We explore the halachic parameters of this notion and how much danger is acceptable in various situations.