Yevamos - Daf 16

  • Clarifying Rebbe Dosa ben Harkinas’ position regarding the tzarah of a daughter

It was taught in a Baraisa: בימי רבי דוסא בן הרכינס התירו צרת בתו לאחין – In the days of Rebbe Dosa ben Harkinas, the tzarah of a daughter was permitted to the brothers of her deceased husband, in accordance with the opinion of Beis Shammai. והיה הדבר קשה לחכמים – And the matter was difficult for the Chochomim, because Rebbe Dosa was a great talmid chochom but since he was blind, he was unable to come to the Beis Midrash for them to address their disagreement with his position. A delegation composed of Rebbe Yehoshua, Rebbe Elazar ben Azaryah and Rebbe Akiva was sent to him, and the Baraisa details how Rebbe Dosa welcomed each one. When they brought up the question regarding his position on צרת בתו, he clarified that he holds like Beis Hillel, but that he has a younger brother named Yonason, who is a בכור שטן – a first class opponent, and a talmid of Beis Shammai, and that he must have been the one to have said this. He warned them not to engage with him since he has three hundred reasons to permit צרת בתו. Rebbe Dosa concluded, מעיד עלי שמים וארץ שעל מדוכה זו ישב חגי הנביא – but I call the heavens and earth as my witnesses, that on this seat sat Chaggai HaNavi, who gave three rulings, one of them being that צרת הבת אסורה - the tzarah of a daughter is forbidden to do yibum. On the way out, Yonasan met Rebbe Akiva and beat him in a debate, and then insulted him.

  •  Jews in Ammon and Moav give maaser ani in the seventh year

Chaggai’s second ruling was עמון ומואב מעשרין מעשר עני בשביעית – Jews in Ammon and Moav give maaser ani in the seventh year. The Gemara explains הרבה כרכים כבשו עולי מצרים ולא כבשו עולי בבל – Many cities were conquered and sanctified by those who came up from Mitzrayim and were considered part of Eretz Yisroel during the time of Bayis Rishon, but were not subsequently conquered by those who came up from Bavel, וקדושה ראשונה קדשה לשעתה ולא קדשה לעתיד לבא – and the initial sanctification of Eretz Yisroel during the first conquest lasted for that time, but did not sanctify it for all future times. Only the lands that the ones from Bavel conquered would be sanctified for future times and be subject to the laws that apply in Eretz Yisroel. והניחום כדי שיסמכו עליהן עניים בשביעית – And those from Bavel left some areas unsanctified in order that the poor should rely on them for produce during shemittah. Rashi explains that the poor in Eretz Yisroel would come to Ammon and Moav during sheviis and hire themselves out as agricultural workers, and also receive leket, shich’chah, peah and maaser ani.

  •  The Sar Ha’Olam recited the passuk, "נער הייתי גם זקנתי..."

Rebbe Shmuel bar Nachmani said in the name of Rebbe Yonasan: פסוק זה שר העולם אמרו – The following passuk was recited by the Minister of the World, which Rashi explains in Sanhedrin 94a is a malach into whose hands the whole world has been given: "נער הייתי גם זקנתי ולא ראיתי צדיק נעזב" – I have been a youth and also old, but I have not seen a tzadik forsaken, nor his children begging for food. Who else could have said this? If you say it was HaKadosh Boruch Hu, is there old age with Hashem? It also cannot be Dovid, for was he so old? The Maharsha explains that Dovid only lived for seventy years, therefore it would not be remarkable if he never saw a tzadik forsaken in that period of time. Therefore, it must have been the שר העולם who said it. The Maharsha explains that since this malach existed from the time of Creation, his testimony that he never saw a tzadik forsaken is truly remarkable.