Thursday 8 January 2015

Yevamot II 97: Partial Acquisition; Rape and Limitations; Riddles; Converts Have No Siblings

Today's daf is long and complicated.  We cover four basic areas of thought:

1) So in the end, what do we do with a yavam who is nine years and one day or who is sexually undeveloped at age 20?  And what do we do with a yevama in such circumstances?  The rabbis want to ensure that physical development is complete.  They suggest that we fatten up one who's thin and that we help one who is heavy to lose weight to ensure that their developmental lags are not due to their body size.  If such people have intercourse with their yavam/yevama, it is considered to be similar to levirate betrothal.  One is acquired, but not completely; further action will be required in the future to complete the acquisition.

2) The rabbis speak about women who are raped (i.e. one has intercourse with a woman without her consent) or seduced (i.e. one has intercourse with a  woman after convincing her to participate).  What rights does a man have to such a woman if the rapist or seducer is his father? His son?  How does participating in forbidden family relationships create subsequent consequences?  This particular section is quite disturbing, as the rabbis speak of these forbidden relationships with disinterest.  Even more disturbing, they remind us that rape is usually permitted - legally and morally.  It carries few consequences for the rapist, unless the particular woman that he raped is halachically forbidden to him.

3) The rabbis include a number of bizarre family genealogies in the form of riddles.  A note by Steinsaltz teaches us that these may have been classic riddles, perhaps told by shepherds to one another when they gathered to water their flocks.  They are generally presented as gentile families, for it would be offensive to suggest that a Jewish family might engage in such painful inbreeding.  "I am my own Grandpa" comes to mind.

4) We begin to learn about those who have converted to Judaism regarding yibum obligations.  All agree that once one converts, one is born anew.  This generally means that all family relationships are considered to be formed again from the start.  Thus even twins are no longer siblings and are not obligated in yibum.  Although this seems clear, the rabbis recognize that there are some circumstances that might require a convert to claim a past relationship.  For example, if those same twin brothers had intercourse with each others' wives, they would be liable to punishment for having sexual relations with a forbidden relative (the wife of one's brother).  It seems to me that the rabbis were somewhat uncomfortable with the notion of yibum; they were quick to find reasons to disqualify people from participating in this practice.

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