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Week 54- Thursday - 7 December 2000

YEVAMOT: CHAPTER 8: MISHNAH 2

Which is a petzu'a daka? Anyone whose testicles, or even only one of them, were crushed. And a kerut shofkhah? Anyone whose member has been cut off. But if even so much as a single hair's breadth remains of the crown, he is fit. A petzu'a daka and a kerut shofkhah are permitted a convert and a freed slave, and are prohibited only from entering into the assembly, as it is written, "He that is crushed and maimed in his private parts shall not enter into the assembly of hte Lord" (Deut. 23:2).

Kehati

Which is a petzu'a daka? Anyone whose testicles, or even only one of them, were crushed -- and he is not capable of begetting. And which is a kerut shofkhah? Anyone whose member -- penis, has been cut off. But if even so much as a single hair's breadth remains -- surrounding the penis, of the crown -- the high lip surrounding the penis, from which it tapers downwards to its head, he is fit -- to enter into the assembly of the Lord. The Gemara teaches that the petzu'a daka and the kerut shofkhah are unfit only if the injury had been caused by a man, but a person who has become a petzu'a daka or a kerut shofkhah by the hands of Heaven, e.g., he was born thus or he was struck by lightning etc., and according to most authorities also, if the injury was caused by an illness, he is fit to enter into the assembly of the Lord.

A petzu'a daka and a kerut shofkhah are permitted to marry a convert and a freed slave -- a freed Canaanite bondwoman, and are prohibited only from entering into the assembly -- into Israel, who are called "the assembly of the Lord," as it is written, "He that is crushed and maimed in his private parts shall not enter into the assembly of the Lord" -- but converts and freed bondmen are not included in "assembly," for an assembly of converts is not called "an assembly."

The last letter of daka in our Torah scrolls is the letter "heh," while in the Mishnah it is an aleph. The author of Minhat Shai writes, "I have become extremely faint and broken [by my desire] to know ... whether daka is written with an aleph or with a heh. I asked the scribes but no one can tell me. And in the printed books as well as in early manuscript books, it is written with an aleph ..." (see Minhat Shai to Deut. 23:2 where he discusses this point at length).

YEVAMOT: CHAPTER 8: MISHNAH 3

Ammonites and Moabites are prohibited, and their prohibition is an eternal prohibition. But their females are permitted immediately. Egyptians and Edomites are prohibited only for three generations, both males and females. Rabbi Shimon permits the females immediately. Rabbi Shimon said, It is a kal vahomer inference: If in the case where it prohibited the males by an eternal prohibition, it permitted the females immediately, how much more where the males are prohibited only for three generations, should the females be permitted immediately! They said to him, If it is a halakhah -- we shall accept, but if an inference -- there is a refutation. He said to them, It is not so, I am stating a halakhah! Mamzerim and netinim are prohibited, and their prohibition is an eternal prohibition, both males and females.

Kehati

Incidental to the subject of the petzu'a daka and the kerut shofkhah, this mishnah teaches the law concerning other categories of people who are prohibited from entering into the assembly of the Lord, for after the verse, "He that is crushed and maimed in his private parts shall not enter into the assembly of the Lord," it is written, "A mamzer shall not enter into the assembly of the Lord; even to the tenth generation shall none of them enter into the assembly of the Lord. An Ammonite or a Moabite shall not enter into the assembly of the Lord; even to the tenth generation shall none of them enter into the assembly of the Lord for ever.... You shall not abhor an Edomite, for he is your brother; you shall not abhor an Egyptian, because you were a stranger in his land. The children of the third generation that are born to them may enter into the assembly of the Lord" (Deut. 23:3-9).

Ammonites and Moabites are prohibited -- from entering into the assembly of Israel, as it is written, "An Ammonite or a Moabite shall not enter into the assembly of the Lord" (Deut. 23:4), i.e., it is prohibited for the daughter of an Israelite to be married to them, and their prohibition is an eternal prohibition -- throughout all their generations, as it is written, regarding them, "even to the tenth generation shall none of them enter into the assembly of the Lord for ever." But their females -- when they convert, are permitted -- to enter into the assembly of the Lord immediately -- it is written, "An Ammonite or a Moabite shall not enter into the assembly of the Lord ... because they met you not with bread and with water in the way, when you came out of Egypt" (ibid. ibid. 4-5). This reason does not apply to the women, for it is normal practice for a man to go and meet, and it is not normal practice for a woman to go and meet (Yev. 77a). This is also implicit in the Torah: "Ammonite" and "Ammonitess," "Moabite" and not "Moabitess."

Egyptians and Edomites are prohibited -- from entering into the assembly of Israel, only for three generations -- for it is written, regarding them, "The children of the third generation that are born to them may enter into assembly of the Lord," both males and females -- since the Torah did not state any reason for their prohibition.

Rabbi Shimon permits the Egyptian and Edomite females immediately -- after they have converted, to enter into the assembly of Israel.

Rabbi Shimon said, It is a kal vahomer inference: if in the case where it -- the Torah, prohibited the males by an eternal prohibition -- i.e., regarding the Ammonite and the Moabite, it permitted the females immediately -- as was taught above, how much more where the males are prohibited only for three generations -- i.e., the Egyptian and the Edomite, should the females be permitted immediately!

They -- the Sages, said to him -- Rabbi Shimon, If it is a halakhah -- if you received this by tradition from your teachers, we shall accept -- your opinion, but -- if an inference of a kal vahomer drawn by yourself, there is a refutation -- since regarding the Ammonite and the Moabite, the reason is stated explicitly, "because they met you not," and it is not normal practice for the woman to go and meet. Regarding the Egyptian and the Edomite, however, the reason is not stated explicitly (Rambam; Hameiri; Bartenura). The Gemara brings another way of refuting kal vahomer (see Yev. 77b).

He -- Rabbi Shimon, said to them -- the Sages, It is not so -- i.e., even if I were to learn this law by logical inference, you would have no refutation, but in any case I am stating a halakhah! -- for this is my tradition from my teachers. The halakhah does not follow Rabbi Shimon.

Mamzerim -- as explained above (4:13) and netinim -- the Gibeonites who converted during the time of Joshua. As explained above they are called "netinim" (see 2:4 above) because of the passage, "And Joshua made (lit. 'gave') them, (from the root natan) that day hewers of wood and drawers fo water" (Josh. 9:27), are prohibited -- from entering into the assembly of Israel, as it is written, "A mamzer shall not enter into the assembly of the Lord" (Deut. 23:3). The reason for the prohibition of the netinim is that Joshua, and King David after him, enacted a prohibition that they should not enter into the assembly of Israel (see Yev. 79a),

And their prohibition is an eternal prohibition -- it is written, regarding the mamzer, "even to the tenth generation shall none of them enter into the assembly of the Lord" (Deut. 23:3). We learn through a gezerah shavah of the expression "tenth generation" from the Moabite and the Ammonite: just as, regarding the latter, the Torah states explicitly, "for ever," so, too, does the expression "tenth generation" regarding the mamzer imply for ever (Sifri). Regarding the netinim, the Sages also enacted a prohibition against marrying them forever (see Tosafot, Yev. 79a; see also Tosefot Yom Tov); both males and females.

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