Yevamot II 100: Who Receives Teruma; Without Separating for Three Months; Contraception

A woman should receive teruma/ the poor man's tithes before men; this protects her from waiting in a line with a group of men for long periods of time.   An uncircumcised man is allowed to receive tithes only if it is determined that this was out of his control.  Those who are seen as 'incompetent': minors, deaf-mutes, imbeciles, etc. do not collect teruma, nor do those who are androginos or tumtumim, who are "creatures unto themselves".  The rabbis balance between ruling to acknowledge differences and ruling to protect those who are vulnerable.

A new Mishna teaches about what should be done if a woman does not separate herself from her yavam for the first three months following her husband's death.  In such a case, a pregnancy could be the result of consummation with her yavam or it could be the result of the early birth of a pregnancy from her first husband.  In such a case, the child will grow up with unknown status.  But because his/her status is limited to one of only two possible options, the Mishna goes on to describe what s/he might face as an adult.  This includes whom he can marry, what he can eat, how he is punished, how he mourns his father, whether he receives teruma at the granary, and how he participates in the priestly watch - to name some.

Many details and halachot are discussed.  One point in particular stood out in my reading - what is to be done with a minor girl who is a yevama?  The rabbis teach that if she is between eleven years old and twelve years and a day, she is at risk of becoming pregnant and then at risk of dying if she has intercourse with her yavam.  Under age eleven, pregnancy is not a risk and thus she is not to use a contraceptive.  However, in general, women are permitted to use contraceptive barriers if they are pregnant, minors (as just discussed), or nursing women.  Clearly it is not permissible for the life of a fetus or baby to supersede the life of its mother.   This has implications on how yevamot and their children might be allowed to claim different rights. 

The concern for women - and girls' - lives is evident as the rabbis write about women's safety when standing in line with men and women's safety as mothers & mothers-to-be.  However, that women and girls would not be protected from forced intercourse is a glaring contrast.  I continue to wonder why contraception can be used in some circumstances and not in others.  Women's lives seem to matter less as human beings than as baby-makers.