Saturday 3 January 2015

Yevamot II 92: Leniencies Regarding Lost Husbands and Yevamot

Before beginning with a new Mishna, the rabbis continue their discussions.  One concern is the number of times that a woman should be liable to bring sin offerings if she marries after believing that she has been widowed but the husband returns alive.  When her remarriage is an unintentional sin, she is required to bring an offering.  But what if she has married a number of times?  Each marriage requires a distinct sin-offering.  The rabbis consider whether she should bring an offering for each act of sexual intercourse with her second husband, for each was its own sin.  

This is something I've considered in the past.  What exactly constitutes a sin when the sin involves multiple steps?  For example, if I sin by serving non-Kosher food unintentionally, which part constitutes the transgression: misreading the label, choosing to buy the product, buying the product, putting it on my kashered shelf, putting the product in a bowl, mixing it with a spoon, pouring the mixture into a pan, heating the pan, putting the food onto a kosher plate, serving it to others, consuming it?  Is each step a separate transgression?  And do I make amends for each sin?  Or is one large apology enough?

A new Mishna speaks about how to address a woman who has remarried after her husband and son have gone abroad.  If she's told that her son died first there are different implications than if she's told that her husband died first.  If her son died first, then she becomes a yevama who has not performed chalitza and is thus illegally married to her second husband.  It also explains some permutations of these scenarios.  The rabbis teach us that the child, if he in fact survived, would be a mamzer.  So would any new children born with the second husband.  They also speak of differences between a woman who is remarried and a woman who is betrothed.

The Gemara shows us that there is no mamzer from a yevama, though rabbinical law would allow such a designation to a child born to a mother who did not know that her husband was still alive and could have performed chalitza.   It also teaches us our rabbis thoughts about a yavam who is a kohen or an Israelite.  The rabbis seem to struggle with the proper behaviour of a yevama, as the Torah offers contradictory options for her.  

Is betrothal permitted for a yevama who believes that her husband has died?  The rabbis consider a number of answers to this question.  Rabbi Akiva introduces the idea that a man can transfer an entity that has not yet come into the world.   That is, his 'late' performance of chalitza can enable her betrothal to her second husband to become 'active', or valid.

The extent to which we are focusing on the husband 'lost at sea' makes me wonder how often this occurred.  Certainly travel was dangerous, took a great deal of time, and offered not solid means of communication.  Did husbands frequently go missing for a year while their wives waited and kept their eyes open for other possible partners?  Not how I have pictured our ancient relatives, but it makes sense. If a 17 year old girl is looking forward to her husband's return, should she wither away while she waits?

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