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Week 54 - Sunday- 3 December 2000

YEVAMOT: CHAPTER 6: MISHNAH 6

A man may not abstain from "be fruitful and multiply," unless he has children. Bet Shammai say, Two males. Bet Hillel say, A male and a female, as it is written, "Male and female He created them" (Gen. 5:2). If he married a woman, and stayed with her ten years, and she did not bear children -- he may not abstain. If he divorced her -- she is permitted to marry another. And the second may stay with her ten years. And if she miscarried, he counts from the time that she miscarried. Man is commanded to be "fruitful and multiply," but not woman. Rabbi Yohanan ben Beroka says, Regarding both it states, "And God blessed them, and God said to them: 'Be fruitful and multiply'" (Gen. 1:28).

Kehati

A man may not abstain from the mitzvah of "be fruitful and multiply" -- (Gen. 1:28), unless he has children - the Gemara states that even if a man has several children and he is exempt from the obligation of "be fruitful and multiply", he nevertheless should not live without a wife, as it is written, "It is not good that the man should be alone" (Gen. 2:18).

Bet Shammai say, A man has not fulfilled the mitzvah of "be fruitful and multiply" unless he has two males -- two male children. The Gemara explains that they learn this from Moses, who only had two sons (I Chron. 23:15), and withdrew from his wife.

Bet Hillel say, A male and a female -- which they learn from the creation of the world, as it is written -- regarding Adam and Eve, "Male and female He created them" -- and just as male and female were created, so is it necessary to fulfill the mitzvah of "be fruitful and multiply" by begetting a male and a female.

If he married a woman, and stayed with her ten years, and she did not bear children -- he may not abstain -- from the mitzvah of "be fruitful and multiply"; he must either divorce her or take another wife alongside her (Rashi). A baraita quoted in the Gemara infers this from Abraham, as it is written, "And Sarai Abram's wife took Hagar the Egyptian, her handmaid, after Abram had dwelt ten years in the land of Canaan, and gave her to Abram her husband to be his wife" (Gen. 16:3) -- this passage teaches that the period in which he dwelled with Sarah outside Eretz Yisrael is not included in the court.

If he divorced her -- after he stayed with her ten years, and she did not bear children -- she is permitted to marry another -- who has not yet fulfilled the mitzvah of "be fruitful and multiply," since she might be capable of bearing to him.

And the second may stay with her ten years -- but she is not permitted to marry a third husband, for she is now presumed to be barren. She is permitted, however, to marry someone who has children (a baraita quoted in the Gemara, Yev. 65a).

And if she miscarried -- within the ten years, whether by her first or second husband, he counts ten years from the time -- the day, that she miscarried.

Man is commanded to "be fruitful and multiply," but not woman -- as it is written, "Be fruitfl and multiply, and replenish the earth, and subdue it [ve-khivshuhah]" (Gen. 1:28) -- the word ve-khivshuhah is written defectively, (without the shuruk, the vowel letter vav, so that it can be read in the singular) to teach that man, who is want to subdue, is commanded to "be fruitful and multiply", and not woman. Others learn this from what was said to Jacob, (Gen. 35:11), "And God said to him, ... 'Be fruitful and multiply'" [pereh u-reveh -- imperative singular], and not "peru u-revu" [the plural form].

Rabbi Yohanan ben Beroka says, Regarding both it states, "And God blessed them, and God said to them: 'Be fruitful and multiply" -- we learn from this that the woman also is commanded to "be fruitful and multiply." The halakhah does not follow Rabbi Yohanan ben Beroka (Rambam, Hil. Ishut 15:2).

YEVAMOT: CHAPTER 7: MISHNAH 1

A widow to a High Priest, a divorced woman or a halutzah to a common priest and she brought in to him melog slaves and tzon barzel slaves -- melog slaves do not eat terumah, tzon barzel slaves eat. And such are melog slaves: if they died, they died to her; and if they increased, the increased for her. Though he is liable for their maintenance, they do not eat terumah. And such are tzon barzel slaves: if they died, they died to him, and if they increased, they increased for him. Since he is responsible for them, they eat terumah.

Kehati

This chapter continues to discuss the prohibition of eating terumah when an unlawful marriage has taken place. To understand this mishnah, we must first mention (as already mentioned above [4:3]) that the property of a married woman is divided into two categories: (1) nikhsei melog (usufruct property) -- the property which the woman brings in with her from her father's house, and which is not recorded in the ketubah, as well as property which comes to her by inheritance or as a gift after the marriage. This property is hers, and her husband is not responsible for it, since he may only usufruct it. The term nikhsei melog is derived from teh Aramaic word meligah, plucking, i.e., the husband plucks the property just as a chicken is plucked. (2) nikhsei tzon barzel (ironclad property) -- the property which the wife brings in to her husband in the dowry, and which the husband records in the ketubah. The husband makes use of this property as he wishes, its profits or losses are his, and he is responsible for it. Hence the name, "ironclad property": the principal remains as does iron, for if it is lost, the husband is required to pay (see Bartenura).

A widow to a High Priest -- if a High Priest transgressed the law and married a widow, or a divorced woman or a halutzah to a common priest -- if a common priest transgressed teh law and married a divorced woman or a halutzah, and she brought in to him -- from her father's house, melog slaves do not eat terumah -- because they are hers, and she is a halalah, who is prohibited from eating terumah. The Gemara states that by Torah law these slaves are permitted to eat terumah, since they are the husband's property, as will be explained in the following mishnah: The Sages, however, enacted in cases of prohibited marriages that since she does nto eat, her melog slaves may not eat either; tzon barzel slaves eat -- terumah, since the husband is responsible for them.

And such are melog slaves: if they -- the slaves, died, they died to her -- she bears the loss; and if they increased -- gained in value, they increased for her -- the profit is hers, because the husband is not responsible for them.

Therefore though he is liable for their maintenance -- since their fruits, i.e., the proceeds of their work, are his, they do not eat terumah -- since that they are her slaves and she is a halalah.

And such are tzon barzel slaves: if they -- the slaves, died, they died to him -- the husband bears the loss, and if they increased -- gained in value, they increased to him -- the gain is his.

Since he is responsible for them, they eat terumah -- they are in his possession, as it is written, "But if a priest buy any soul, the purchase of his money, he may eat of it" (Lev. 22:11).

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