Yevamos - Daf 83
- The halachah is like Rebbe Yose and Rebbe Shimon regarding grafting before Sheviis
The Gemara lists Mishnayos where Rebbe Yose and Rebbe Shimon issued rulings together and the halachah goes according to them, one of them being in terms of הרכבה – grafting. The Mishnah in Sheviis taught: אין נוטעין ואין מבריכין ואין מרכיבין ערב שביעית פחות משלשים יום לפני ראש השנה – We do not plant a tree, nor bend a vine and insert it into the ground, nor graft a branch onto an existing tree, erev Sheviis, less than thirty days before Rosh Hashanah, for it takes thirty days for something to take root. If one did, he must uproot it. Rebbe Yehudah said: כל הרכבה שאינה קולטת בשלשה ימים שוב אינה קולטת – Any graft that does not take hold within three days, will not subsequently take hold. Rebbe Yose and Rebbe Shimon say: The time it takes to take root is שתי שבתות – two weeks. Rav Nachman said in the name of Rabbah bar Avuha: The Tanna Kamma, who holds thirty days, requires two periods of thirty days, since the thirty days before Rosh Hashanah are already assur to do melachah because of tosefos Shvi’is. Rebbe Yehudah who holds three days, requires thirty-three days, and Rebbe Yose and Rebbe Shimon require two weeks and thirty days.
- Rebbe Yose and Rebbe Shimon hold אין אדם אוסר דבר שאינו שלו with regard to kilayim
Shmuel said the halachah is like Rebbe Yose and Rebbe Shimon regarding קידוש – rendering produce unfit regarding kilayim. For it was taught in a Mishnah in Kilayim: המסכך גפנו על גבי תבואתו של חברו הרי זה קדש וחייב באחריותו דברי רבי מאיר – Rebbe Meir says: One who spreads his vine over the standing grain of his friend, has rendered the grain unfit as kilayai hakerem, and is chayav for its loss. Rebbe Yose and Rebbe Shimon say: אין אדם אוסר דבר שאינו שלו – A person can not render something prohibited unless it belongs to him. Tosafos explains that this principle only applies with prohibitions that require intent, such as kilayim. But in cases that do not require intent, such as one putting cheilev or neveiliah in his friend’s pot of meat, the food certainly becomes forbidden.
- Machlokes whether a tumtum is a sris vadai or only a safek sris
In the Mishnah on Daf 81a, we learned that Rebbe Yehudah holds that a tumtum whose genital covering was torn open and found to be a male, should not perform chalitzah, because he is a סריס ודאי – a definite saris. The Gemara here brings a Baraisa where Rebbe Yose b’Rebbe Yehudah says that a tumtum should not perform chalitzah for perhaps he will be torn open and found to be a sris chamah. The Gemara revises Rebbe Yose to mean that perhaps it will be a female, and even if it is a male, perhaps it will be discovered to be a sris chamah. Rebbe Yose holds that he is only a safek sris. The Gemara asks what the nafkah minah is between Rebbe Yose b’Rebbe Yehudah and his father Rebbe Yehudah, who holds that a tumtum is a definite saris, and Rava answers: לפסול במקום אחין ולחלוץ שלא במקום אחין – to disqualify the yevamah for yibum when there are other brothers, and to perform chalitzah when there are no other brothers. According to Rebbe Yehudah, his act of chalitzah has no validity and she may still be taken in yibum by the other brothers, whereas according to Rebbe Yose b’Rebbe Yehudah, it may have validity if he is not a sris chamah. If there are no other brothers, Rebbe Yehudah says she does not require chalitzah from him, whereas according to Rebbe Yose b’Rebbe Yehudah, she does, since he might not be a sris chamah.
