Yevamos - Daf 90
- דם שנטמא וזרקו במזיד לא הורצה
The Gemara continues with Rav Chisda attempting to prove שיש לבית מתנין לעקור דבר מן התורה – that Beis Din has the strength to uproot a Torah law. It was taught in a Baraisa: דם שנטמא וזרקו בשוגג הורצה במזיד לא הורצה – Blood of an offering that became tamei and the Kohen threw it on the mizbayach’s walls, if he did so beshogegg, the offering is accepted, if he did so b’meizid, the offering is not accepted. Now, where the blood was thrown b’meizid we have a situation where mid’Oraysa the tzitz definitely effects an acceptance of the offering, yet the Rabbanon said it is not accepted, וקא הדר מעייל חולין לעזרה – so that when he brings another offering in its place, he is bringing chullin into the azarah. The second korban he brings is technically not a chatas since the first offering mid’Oraysa achieved kaparah, and therefore the person is causing chullin to be brought into the azarah, and having its meat eaten by Kohanim. Rebbe Yose bar Chanina said that the meaning of לא הורצה – that the offering is not accepted, is that the meat is not permitted for consumption. When the Gemara responds that the Rabbanon are still uprooting a mitzvah, since it is a mitzvah for the Kohanim to eat the meat, which aids in the owner attaining kaparah, Rebbe Yose bar Chanina answers: שב ואל תעשה שאני – A d’Rabbanon to sit and not take action is different, and not considered a suspension of Torah law.
- Rav Chisda attempts to bring a proof from the mitzvah to listen to a Navi
Rav Chisda attempts another proof from a Baraisa that taught: The passuk teaches regarding a true Navi, "אליו תשמעון" – to him shall you listen, אפילו אומר לך עבור על אחת מכל מצות שבתורה – this teaches that even if he tells you to transgress one of the mitzvos of the Torah, כגון אליהו בהר הכרמל – as Eliyahu did on Mount Carmel, הכל לפי השעה שמע לו – every case according to the needs of its time, obey him. We see from here that the Torah permits suspending Torah law, even in the form of an active transgression. Rabbah responded that here it is different, for the passuk states: "אליו תשמעון" – to him shall you listen, referring specifically to a Navi. When Rav Chisda suggests we should derive from here that the Rabbanon are permitted to do so as well, Rabbah answered מיגדר מילתא שאני – Doing something to prevent rampant sinning is different, such as in this case, where many Jews were worshiping avodah zarah.
- ולא זה וזה מטמאין לה
The Mishnah had stated that if the woman’s first and second husbands were Kohanim, ולא זה וזה מטמאין לה – neither this one or that one may become tamei by coming in contact with her corpse. The Gemara asks from where this is derived, and answers that that passuk states regarding who a Kohen may become tamei for, "כי אם לשארו הקרב אליו" – except for his flesh, who is closest to him, and it was said, "שארו" זו אשתו – “his flesh,” is a reference to his wife. But it is also written there: "לא יטמא בעל בעמיו להחלו" – A husband among his people shall not contaminate himself for one who desecrates him. We can infer from these two pesukim that there is a husband who becomes tamei for his wife and there is a husband who does not become tamei for his wife. How so? מיטמא הוא לאשתו כשרה ואינו מיטמא לאשתו פסולה – He becomes tamei for his kosher wife, referred to as his flesh, and he does not become tamei for his passul wife, referring to the one who desecrates him. Since the woman in our Mishnah is prohibited to her husband who is a Kohen, because of adultery, even when unintentional, he may not become tamei for her.
