Yevamos - Daf 65
- May former husbands demand a refund for their kesubah payment from a childless wife?
It was taught in a Baraisa: ניסת לראשון ולא היו לה בנים – If a woman was married to a first husband and did not have children with him and was married to a second husband and did not have children with him either, she may not marry a third husband, אלא למי שיש לו בנים – unless it is one who has children of his own. If she did marry one who does not have children, תצא בלא כתובה – she must be divorced and does not receive her kesubah payment. The Gemara asks what the din is if she married the third husband and did not have children with him either? May the first two husbands demand a refund of their kesubah payment? Can they say to her, איגלאי מילתא דאת הוא דגרמת – It is now revealed that you were the cause of childlessness, or perhaps she can say, השתא הוא דכחשי – it is only now that I have grown weak and have become infertile? The Gemara says that it is logical to assume that she can say that she has now grown weak, and they may not collect a refund on their kesubahs.
- Machlokes if women are commanded in the mitzvah of pru u’rvu
The next Mishnah states: האיש מצווה על פריה ורביה אבל לא האשה – A man is commanded regarding the mitzvah of pru u’rvu but not a woman. Rebbe Yochanan ben Berokah said: It is concerning both of them that the Torah says: "ויברך אתם אלקים ויאמר להם אלקים פרו ורבו" –And Hashem blessed them and Hashem said to them, “Be fruitful and multiply.” The Gemara asks what the Tanna Kamma’s source is, and Rebbe Il’a said in the name of Rebbe Elazar b’Rebbe Shimon, it is stated in the passuk of pru u’rvu, "ומלאו את הארץ וכבשה" - and fill the earth and conquer it. איש דרכו לכבש ואין אשה דרכה לכבש – It is the way of a man to conquer but it is not the way for a woman to conquer. When the Gemara challenges this, since the word כבשה is written as a plural imperative, and implies that two people are being commanded, both the man and the woman, Rav Nachman bar Yitzchak answers, that since it is written without a vav, it may be read, וכבשה, which is singular. Rav Yosef said the source that only men are commanded in the mitzvah of pru u’rvu is when Hashem said to Yaakov, "אני קל שקי פרה ורבה" – I am Kel Shakkai, be fruitful and multiply, which is in the singular.
- Appropriate times not to give tochachah and to deviate from the truth
Rebbe Il’a said in the name of Rebbe Elazar b’Rebbe Shimon: כשם שמצוה על אדם לומר דבר הנשמע כך מצוה על אדם שלא לומר דבר שאינו נשמע – Just as it is a mitzvah for a person to say words of rebuke that will be accepted, so too there is a mitzvah for a person not to say words of rebuke that will not be accepted. Rebbe Abba said: חובה – It is a chiyuv not to offer words of rebuke to someone who will not listen, for the passuk states: "אל תוכח לץ פן ישנאך הוכח לחכם ויאהבך" – Do not rebuke a mocker, lest he hate you; rebuke a wise man, and he will love you. Rebbe Il’a also said in the name of Rebbe Elazar b’Rebbe Shimon: מותר לו לאדם לשנות בדבר השלום – It is mutar for a person to deviate from the truth in a matter that threatens peace, which is learned from when Yosef’s brothers told him after Yaakov’s death, that Yaakov had told them to tell Yosef to forgive them. Rebbe Nassan says it is a mitzvah to do so, which can be learned from Hashem telling Shmuel to tell Shaul that he was bringing a korban, when in fact, Shmuel was on his way to anoint Dovid as king.
