Tuesday 9 December 2014

Yevamot 67: The Power of a Fetus: Not So Much, Actually

Today's daf covers two new Mishnayot.  The first teaches us about an Israelite woman whose kohen husband dies, leaving her pregnant.  Her slaves who were transferred to him do not partake of terumah while she is pregnant.  This is because the fetus will be one of his father's heirs (if male), and thus will partially own those slaves but only once it is born.  Rabbi Yosei notes that in the opposite case, where a kohenet marries and Israelite who dies, leaving her pregnant.  The mother is already forbidden to partake of her family's teruma because she married an Israelite.  This the fetus cannot enable its mother or slaves to partake of teruma.  In the Mishna, there is an argument: either pregnant woman's slaves should not partake of teruma because of the share of the fetus.

The Gemara discusses this Mishna throughout amud (a) and part of amud (b).  Interesting points emerge, including whether or not a fetus can inherit/aquire (not until it is born), the inheritance of daughters versus sons, and the fact that we can rule according to the minority regarding infant boys (half of the infants will be girls and some will die, thus boys do not count for over 50% of newborns).  We also learn that orphaned minor girls are provided for by the inheritance of their deceased parents until those girls are betrothed.  Even if the boys have to beg on the street, the girls are provided for first.  What is left goes to the boys' inheritance.

The second Mishna teaches us that the fetuses of certain Israelite fathers disqualify their kohenet mothers from partaking of teruma.  However, they never enable their mothers to partake of teruma.  The fathers discussed are those of a widow or divorcee whose husband left her pregnant, a yavam, one who is betrothed, a married deaf-mute, and a a nine-year-and -one-day- old boy who has intercourse  with a woman.  However, if the woman is an Isarelite and the father is a priest, they do not enable her to partake of teruma.

The Mishna goes on to debate what should be done when there is uncertainty about the boy's age.  To be legally betrothed he should have two pubic hairs.  The rabbis recognize that the age of nine years and one day is somewhat arbitrary; individual children develop at different times.   The Mishna ends with a reminder of past learning, where levirate marriage of a rival wife is prohibited if it unknown whether or not the husband died before or after his wife.

I found it difficult to hold the competing halachot in my head while learning today's daf.  These concepts are not terribly challenging on their own, but putting them together requires focus and a great memory.  I should probably write diagrams to help my recall as I read.


No comments:

Post a Comment