Yevamos - Daf 79
- The Nesinim lacked the three identifying traits of a Jew
The Gemara continues with the background to Dovid’s decree to prohibit Nesinim from marrying into the kahal. In terms of addressing the two causes for the famine, Dovid reasoned that since twelve months had passed after Shaul’s death it was no longer fit to eulogize him. Rashi clarifies that although close to thirty years had passed, Dovid was referencing the halachah that after twelve months it is no longer appropriate to eulogize someone. He then went to the Givonim to see he if could appease them, and they responded that they wanted Dovid to give them seven of Shaul’s sons to hang. Dovid sought an alternative way to appease them, but they would not be appeased. Dovid said: שלשה סימנים יש באומה זו – There are three simanim of this nation, referring to the bnei Yisroel. הרחמנים והביישנין וגומלי חסדים – They are merciful, bashful and do acts of kindness. כל שיש בו שלשה סימנים הללו ראוי להדבק באומה זו – Whoever has these three simanim is worthy to cleave to this nation, through marriage. Rashi explains that since the Givonim lacked rachamim, Dovid decreed that they may not marry Jews. Dovid did end up appeasing them through the hanging of seven of Shaul’s sons.
- Moshe and Yehoshua’s decrees against the Nesinim
The Gemara questions whether it was Dovid who decreed upon marrying the Nesinim, as it seems that Moshe was the one who decreed upon them, for the passuk states: "מחטב עציך עד שואב מימיך" – from the choppers of your wood to the drawers of your water. Rashi explains that since the Nisinim are not included in the term, “men of Israel” or by “convert” in the passuk, it must be that they are a separate group of slaves that are not permitted to marry Jews . The Gemara answers that Moshe only decreed for that generation. The Gemara persists and says that Yehoshua decreed against them, for the passuk states: "ויתנם יהושע ביום ההוא חוטבי עצים ושואבי מים לעדה ולמזבח ה'" – And Yehoshua designated them on that day as woodchoppers and water drawers for the assembly and for the mizbeyach of Hashem? The Gemara answers that Yehoshua decreed upon them during the time of the Beis Hamikdash, whereas Dovid decreed upon them even when the Beis Hamikdash no longer stands.
- Rebbe Akiva’s position that a yevamah of a סריס אדם requires chalitzah
In the next Mishnah, Rebbe Akiva explained that a סריס אדם performs chalitzah and has chalitzah performed for his wife מפני שהיתה לו שעת הכושר – because he had a period of suitability. The Gemara asks why Rebbe Akiva maintains that a period of suitability is sufficient, for the passuk states, "להקים לאחיו שם" – to establish a name for his brother, and a sris adam, even though he was once suitable, is no longer fit for this? Rava replied that if having only a period of suitability does not create a need for chalitzah, אין לך אשה שכשרה ליבם – you will never have a woman that is fit for yibum, שלא נעשה בעלה סריס חמה שעה אחת קודם למיתתו – for there is no widow whose husband did not become a sris chamah for one moment prior to his death. The Gemara answers, התם כחישותא דאתחילה ביה – There, it is merely weakness that has begun for him, not actual sterility.
