Yevamot 61: Procreation/Population Explosion

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In the Mishnah, Beis Shamai and Beis Hillel disagree about the fulfillment of the Mitzvah of Piryah v’Rivyah.

Beis Shamai maintains that one fulfills the Mitzvah only when he has two sons.

Beis Hillel maintains that one fulfills the Mitzvah when he has one son and one daughter (see Chart).

Beis Hillel derives his view from Creation, when Hash-m created the world with one male and one female, Adam and Chavah.

Beis Shamai argues that "we may not derive that which is possible from that which is not possible" ("Ein Danin Efshar mi'she'Iy Efshar").

The world had to be created with one man and one woman (and not with two men) in order for mankind to propagate. The world could not have been created in any other way.

We explore the current [population growth of Am Yisrael in Israel and abroad and the ethical issues regarding ecology and sustainability.

Yevamot 60: Kohanim in War

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With regard to a woman who was raped by another man and a woman seduced by another man, the High Priest may not marry her.

And if he married her, Rabbi Eliezer ben Ya’akov says that the child born from this union is a ḥalal, and the Rabbis say the lineage of the offspring is unflawed.

The kohen gadol and other kohanim are restricted by biblical law however our daf struggles with virgins, non-virgins, girls under the age of three years and one day, grown women, those who have been seduced or raped by an Israelite and those who were raped or seduced by the priest.

In these cases the rabbis consider whether or not each girl/woman is fit for the priesthood; fit for intercourse with the priest. They compare some of the considerations faced only by the high priest versus those faced by all priests.

We explore the halachos of kohen who murders someone or who serves in the army and whether he forfeits his privilege to duchan.

This leads us (in anticipation of Yom Hazikaron) to the recent halachic issues of military service for Kohanim and yeshiva students.

Yevamot 59: Zoophilia

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The Mishna on our daf delineates the rules of a kohen gadol – the High Priest – who is limited by the Torah (see Vayikra 21:10-15) with regard to who he can marry, even more so than an ordinary kohen.

While an ordinary kohen cannot marry a gerusha (divorcee), zona (harlot) or halala (woman who was defiled by a forbidden sexual encounter), the kohen gadol also cannot marry an almana (widow) and may only marry a betula (virgin).

The Gemara discusses the technical definition of these terms in some detail in order to clarify the rules of marriage for both an ordinary kohen and a kohen gadol.

One ruling presented by Rav Shimi bar Hiyya is that a woman who has had relations with an animal does not fall into any of the forbidden categories and a kohen would be permitted to marry her, even though she is liable to receive a death penalty for her actions (if she did it on purpose).

The Gemara then goes on to relate that such a story actually took place. In the town of Hitlu, a young woman was innocently cleaning the house when she was raped by a dog (some manuscripts say it was a kof – a monkey).

We explore the history of bestiality in the antique period from the Hittite codes to the greek Myth of Leda the Swan.

Yevamot 58: Amen, Amen

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Normally (unlike modern secular courts) the Torah never requires witnesses to take an oath – the court either accepts the witness as being reliable, or questions his reliability.

Occasionally, it requires the defendant in a case to swear that the version of events he/she presents is true.

One situation is the case of sotah – a woman whose husband suspects her of being unfaithful, which is described in detail in Bamidbar 5:11-31 – if there are witnesses, then the woman would be tried as an unfaithful wife.

If however, there are no witnesses then the procedure described in the Torah is carried out, culminating with the shevu’ah – the oath – recited by the kohen and accepted by the woman with her statement of “amen, amen” (Bamidbar 5:22).

We explore the formulaic phrase “amen amen” listed only 5 times in the chumash, and how it developed through the late antique period into Jewish and Christian liturgy.

Yevamot 57: פצוע דכא

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The Gemara asks, if a “petzuah daka” Kohen marries a convert’s daughter, may she eat terumah on his account?

Two issues are at play here. A regular Kohen cannot marry a giyores, and a petzuah daka cannot marry a standard woman.

As the Gemara spells out, a Kohen with such a disability may be devoid of his kedusha and thus can marry a convert.

Secondly, geirim are not included in the regular prohibition of marrying a petzuah daka. What about other laws of Kohanim?

Is a petzuah daka excluded from all of them, or only that he can marry a giyores?

We explore modern ideas of impotence and Halacha as well as vasectomy.

Yevamot 56: Kohein and “Zonah”

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Under ordinary circumstances, if a married woman is raped, the halakha recognizes that the forbidden sexual act happened against her will and she remains permitted to her husband. A particularly painful situation arises if the woman who is raped is married to a kohen. In such a case halakha requires the couple to divorce, since as a kohen, the husband is not allowed to be married to a woman who has had a forbidden sexual encounter – which has happened to his wife, even though it was not her fault in any way.

We explore the evolving notion of “Zonah” in Bible and Rabbinics and modern issues with kohanim and marriage….

Yevamot 55: Definition of Coitus

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The need to define the act of bi’ah (sexual intercourse) is essential in order to know when that significant act has taken place in a number of halakhic settings.

Our daf suggests that in the vast majority of cases, the definition is ha’arah – a simple act of touching (in Shmuel’s words, “a kiss”). Although the focus of the Gemara is on the male organ, it appears that the conclusion is clear: penetration – of even miniscule proportions – of the man into the woman.

We explore these notions of coitus and its definition in antiquity with the work of Brodsky and Boyarin.

Yevamot 54: Homosexuality and Hitler

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We are told about the rabbis' views on sexual intercourse between men.

Because Torah verses state that men cannot lie with men as they lie with women, no form of intercourse that could happen between a man and a woman is permitted between two men.

Again, the beginning of the act of intercourse is all that is required.

We review the issue of homosexuality in the community and the incidence of mental illness and those who attempt psychiatric conversion therapies of dubious science.

We consider Hitler’s attack on Jewish homosexuals during the NAZI period and how that might affect our attitudes in not handing him a posthumous victory by vilifying these folk.

Yevamot 53: Yevama Raped

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Our new Mishna is the start of Perek VI. The Mishna teaches that intercourse is valid in yibum regardless of consent, coercion, or type of intercourse. Further, any type of intercourse between a yavam and a yevama who is forbidden to him by Torah or rabbinical law disqualifies the yevama from marrying into the priesthood.

We return to the issue of consent and the halachic ramifications of nonconsensual intercourse, i.e.rape.

We review modern issues of coercive relationships and the feminist readings of the rape of Dinah.

And the Reskin/Greenberg debate with Grodimer regarding homosexuality in orthodoxy, the Stanford rape case and Hervey Weinstein’s influence on the discourse.

Finally the use of rape and adultery in the midrash of Toldos Yeshu.

Yevamot 52: Ger Toshav

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Our Daf states: “Rav ordered that lashes be given to any person who betrothed by cohabitation, who betrothed in the open street, or who betrothed without previous negotiation; who annulled a letter of divorce, or who made a declaration against a letter of divorce; who was insolent towards the representative of the rabbis, or who allowed a rabbinical ban upon him to remain for thirty days and did not come to the Beit Din to request the removal of that ban; and of a son-in-law who lives in his father-in-law's house”….

We further explore the historical development of the Halacha regarding the Ger Toshav…

Yevamot 51: Redaction of Mishnah

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The fifth perek of Masechet Yevamot focuses on one main topic – the relationship between the various responses that the surviving brother (the yavam) can perform with the widow (the yevamah). There are four possible responses, two of them taught by the Torah and two suggested by the Sages of the Mishnah:

bi’ah (sexual relations), which would complete the process of yibum, so that the two would now be married

chalitzah, the ceremonial rejection of yibum, which would free the widow to marry anyone she wants

ma’amar, in which case the yavam offers a ring (or another object of value) to the yevamah, mimicking a marriage ceremony. In such a case they have fulfilled yibum on a Rabbinic level

get (a divorce document), which would preclude the possibility of fulfilling yibum. Even though on a biblical level a get has no meaning in this relationship, the Sages treat the divorce as having enough power to force the yavam and yevamah to choose the option of chalitzah.

We use this opportunity to study the redaction of the Mishnah through the eye of Moshe Klein , Yaakov Elman and graham Walfish.

Yevamot 50: דִּרְשׁוּ ה׳ בְּהִמָּצְאוֹ

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Menasheh interrogated Isaiah with the following 3 questions:

Your Rebbi Moshe said (in the Torah) "A person will not see Me and live", but you said "I saw Hashem sitting on a lofty throne"!

Your Rebbi Moshe said "Who is like Hashem Elokeinu whenever we call to Him", but you said "Seek Hashem when He is found"!

Your Rebbi Moshe said "I will complete the number of your days", but you said (to my father Chizkiyahu) "I will add 15 years to your days"!

Question: How can we resolve Menasheh's questions?

Answer (for "I saw Hashem" - Beraisa): All (other) Nevi'im saw Hashem through a glass that distorts; Moshe saw through a clear glass.

Answer (for "Seek Hashem when He is found"): Hashem is always found to a congregation, but not always to an individual.

When is He found to an individual?

Rav Nachman responded: He is found during the 10 days between Rosh Hashanah and Yom Kippur.

After reviewing the new Mishnah in Perek V we explore the notion of ״דִּרְשׁוּ ה׳ בְּהִמָּצְאוֹ״

and how it operates during the days of penitence.

Yevamot 49: Who Killed Isaiah?

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Rabbi Shimon ben Azay reports that he found a scroll in Jerusalem that accused King Menashe as having killed the prophet Yeshayahu.

Rava comments that that Menashe did not simply murder him, rather he put him on trial for heresies that appear among his prophecies.

Although Yeshayahu could explain each one of them, he chose not to do so, because he knew that Menashe would kill him in any case, and he preferred that Menashe should not be held responsible for murder.

We explore the midrashim and the apocryphal text of the Ascension of Isaiah that claims he was sawed in half when hiding in a cedar tree. This then passes on to Christian and Muslim traditions.

There is a tradition of martyrdom of prophets or which Isaiah is an early example.

Yevamot 48:The Beautiful Captive

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One difficult halakha that appears in the Torah is the law of eshet yefat to’ar – if a Jewish soldier desires a woman captured in battle, the Torah forbids him to rape her (as is, unfortunately, the case in most armies). Recognizing that in the heat of battle men may want to behave in ways that are not acceptable under normal circumstances, the Torah concedes that the woman can be taken, but she is to be given a month to mourn the loss of her family, and only then will the soldier be given a choice to marry her or to set her free.

Regarding an eshet yefat to’ar the Torah rules (Devarim 21:12) that she should shave her head and “do” her nails. The definition of this term is subject to a disagreement between Rabbi Eliezer and Rabbi Akiva. Rabbi Eliezer rules that she should cut her nails short, while Rabbi Akiva believes that the Torah commands her to allow them to grow.

We explore the license provided by the Torah and how we reconcile this with moral propriety.

We review the history of rape during war and tragically relevant during the current war inn Ukraine.

Yevamot 47:Principles of Conversion

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Conversion to Judaism involves a number of stages. The potential convert must accept the laws of Judaism, if he is male he must undergo a brit milah (circumcision) and he must go to the mikvah for ritual immersion.

What would such a person’s status be were he to become circumcised without having gone to the mikvah?

We find a discussion of this question in a baraita.

The chachamim rule that both are essential for conversion, and one without the other is meaningless. Thus, such a person is not considered Jewish until he has completed the process.

Rabbi Yehoshua says that we can accept someone who has not completed both, just as the imahot – women who became converts – only went to the mikvah without circumcision.

Rabbi Eliezer agrees that a lack of mikvah will not keep the person from becoming Jewish, pointing out that our forefathers also did not immerse in a mikvah when they had a brit milah.

We explore the process of conversion and the problems in modern day Israel for those from heterodox traditions wishing to participate in our faith.

Yevamot 46: Milah without Tevilah

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Conversion to Judaism involves a number of stages. The potential convert must accept the laws of Judaism, if he is male he must undergo a brit milah (circumcision) and he must go to the mikvah for ritual immersion.

What would such a person’s status be were he to become circumcised without having gone to the mikvah?

We find a discussion of this question in a baraita.

The chachamim rule that both are essential for conversion, and one without the other is meaningless. Thus, such a person is not considered Jewish until he has completed the process.

When slaves decided to convert to Judaism, like all others, they had to immerse and become circumcised (if they were male).

If a slave declared that s/he was intending to convert just before immersing, S/he could convert to Judaism and thus belong to his/her slave owner only as a labourer but not in body.

If the slave owner witnessed the immersion including such a statement, it was assumed that the slave owner agreed with the slave's decision.

We explore the halachic status of the get who converts who had undergone his Brit Milah and was waiting to recover until he was ready for his Tevilah to complete his conversion asked if he was permitted to observe Shabbat during this interim period. It turns out that there is considerable discussion of this topic in the Teshuvot of the past two hundred years.

We review variety of recent issues regarding conversion an/or immersion.

Yevamot 45:Lying With Good Intent

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Our daf relates that Rav was approached and asked about the personal status of someone who had a Jewish mother and non-Jewish father.

When Rav replied that he believed such a person to be perfectly acceptable, the questioner – who was, apparently, the product of such a union – asked to marry Rav’s daughter. Rav refused.

Upon witnessing the exchange, Rav’s grandson, Shimi bar Chiya asked: ‘People say that in Media a camel can dance on a kab (a small measure); here is the kab, here is the camel and here is Media, but there is no dancing’ – i.e. people exaggerate about events that happen in a far-away place, but here, when your ruling is being put to the test, you are not willing to support your position with an action. Rav replied that even if this man were like Yehoshua bin Nun, he would not be willing to allow his daughter to marry him.

We explore the crisis of shiduchim and the halacha of lying on the resume….

Yevamot 44: Marry Someone Your Age!

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MISHNA: In a case of four brothers married to four women and some of the brothers died childless, their wives thereby become yevamot. If the eldest of the brothers who survived wished to consummate the levirate marriage with all of his yevamot, he has permission to do so.

The Baraita demurs, we advise him as follows:

If he was a young man and she an elderly woman or if he was an elderly man and she a young woman, they say to him:

What do you want with a young woman when you are elderly? Or: What do you want with an elderly woman when you are young? Go after your own kind, i.e., a woman of a similar age, and do not place discord in your household that could be caused by marrying a woman of a significantly different age.

From the baraita it is apparent that if consummating the levirate marriage will ultimately lead to contention between the couple, it is preferable to perform ḥalitza. Similarly, in the case of the mishna, marrying four women will likely lead to contention since it is difficult to support so many people, and poverty will lead to strife.

Therefore, the yavam should not be allowed to consummate levirate marriages with all of them.

We explore the notion of age differences in halacha and the success of such marriages using modern statistics.

Yevamot 43: Personal vs. Communal Loss

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In the Mishnah (41a), Rebbi Yosi permits a woman (who was divorced) to do Erusin with a second husband immediately without having to wait three months. The only exception is a woman whose husband died, in which case the woman must wait before she remarries, not because of the requirement of "Havchanah" but because of her Aveilus.

Our Daf distinguishes between avelut hadashah and avelut yeshanah, "new" mourning and "old," historical mourning - or, expressing the same thought in a different idiom,

between avelut de-yahid and avelut de-rabbim, private and national-communal mourning.

The first, avelut hadashah, is caused by a death or disaster which strikes a family or an individual. It is a primordial, instinctual, spontaneous response of man to evil, to the traumatic confrontation with death, to the impact of catastrophe and disaster.

The second category, avelut yeshanah, is due to a historic disaster that took place 1,900 years ago. This category is the handiwork of man. There is no spontaneous reaction to some new event which has just transpired, for nothing new has happened which should justify grief.

Yevamot 42: 7th vs. 8th Month Fetal Viability

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Our Daf determined that in order to clarify the paternity of a child which might be born, a woman must wait three months after the death of her husband before remarrying.

The Gemara then analyzes why a three-month period is necessary in order to satisfy this question.

It is clear that one month is not enough, because if a child will be born seven months later, we would not know if it was an eight-month child of the first husband or s seven-month child of the second husband.

The Gemara probes, however, to determine why waiting two and a half months would not be sufficient.

We explore the ancient cross cultural notion of viability of fetus at 7month but not 8 months.

How this carries into modern day halachic determinations.