Yevamos - Daf 49
- Rebbe Akiva’s opinion regarding who is a mamzer
The next Mishnah brings a three-way machlokes regarding who is a mamzer. Rebbe Akiva holds, כל שאר בשר שהוא בלא יבוא – A child born from any relative subject to a lav against having relations. Rashi brings the example of the אנוסת אביו – a man having relations with a woman that his father violated, which is a lav according to Rebbe Yehudah, or marrying one’s chalutzah. The Gemara explains that Rebbe Akiva’s reason is based on the passuk: "לא יקח איש את אשת אביו ולא יגלה כנף אביו" – A man shall not take the wife of his father and he shall not uncover the cloak of his father. This means, כנף שראה אביו לא יגלה – he shall not uncover the cloak that his father “saw.” And Rebbe Akiva agrees with Rebbe Yehudah that this refers to אנוסת אביו which is one of the חייבי לאוין. And juxtaposed to this passuk it is written: "לא יבא ממזר בקהל ה'" – A mamzer shall not enter the congregation of Hashem. Rebbe Simai says that Rebbe Akiva includes חייבי לאוין which are not relatives, such as one who is מחזיר גרושתו – remarries his divorcee after she married another. Rebbe Yesheivav says that Rebbe Akiva includes even those prohibited by a mitzvas aseh, such as marrying a Mitzri or Edomi before three generations. They learn it out from the word: "ולא" – and he shall not, which is extra in the passuk.
- The opinions of Shimon HaTimni and Rebbe Yehoshua regarding who is a mamzer
Shimon HaTimni holds that a mamzer results from an issur kares relationship. The Gemara explains that he holds like the Rabbanon that the passuk of "לא יקח איש את אשת אביו..." is referring to the שומרת יבם של אביו – the shomeres yavam of his father, which would be one’s aunt. Since having relations with an aunt is one of the חייבי כריתות, and next to this passuk it states: "לא יבא ממזר בקהל ה'" – A mamzer shall not enter the congregation of Hashem, we can infer that mamzerim result from חייבי כריתות relationships. Rebbe Yehoshua holds that mamzerim result from relationships that are chayav מיתות בית דין and learns it from the fact that the passuk could have just said, "לא יגלה" – do not reveal. Why did it begin with ולא יקח – And do not take? To teach that the person mentioned between the two parts of the passuk, is a mamzer, and the person referred to in the passuk was one’s father’s wife. Since this is a relationship that one is chayav מיתות בית דין, then this is the type of relationship that results in a mamzer.
- Menashe murdered Yeshaya
The Mishnah mentioned that Shimon ben Azzai found a Megillas Yuchsin, a genealogical record, in Yerushalayim, which supported the opinion of Rebbe Yehoshua. The Gemara brings a Baraisa that taught that written in the Megillah was מנשה הרג את ישעיה - Menashe murdered Yeshaya. Rava said that Menashe first judged Yeshaya as a navi sheker, a false prophet, bringing three pesukim Yeshaya wrote that seemed to contradict what Moshe Rabbeinu wrote in the Torah. The contradictions dealt with whether one can see Hashem, whether Hashem is always available to answer tefillos or only when Hashem is found, and whether Hashem adds years unto one’s life. Yeshaya reasoned that if he explained the contradictions, Menashe would still execute him, making him an intentional murderer. Yeshaya uttered the Divine name and tried to hide in a cedar tree but was caught and executed. It is brought down that his tzitzis were exposed. The Gemara continues and resolves each of the contradictions.
