Yevamos - Daf 114
- Rebbe Pedas holds קטן אוכל נבלות אין בית דין מצויין להפרישו
Rav Yitzchak bar Bisna once lost his keys to the Beis Midrash in a reshus harabim on Shabbos. He came before Rebbe Pedas who told him, “Go bring some young boys and girls to that place and let them play there, for if they find the keys, they will bring them back on their own.” The Gemara concludes that Rebbe Pedas holds, קטן אוכל נבלות אין בית דין מצויין להפרישו – that if a katan is found eating neveilah meat, or any other d’Oraysa issur, Beis Din is not chayav to separate him from that activity. If Beis Din were chayav, then Rebbe Pedas would not permit the children who found the keys to carry them dalet amos in reshus harabim. The Gemara begins an extended analysis whether Beis Din or an adult is chayav to stop a katan from doing an issur and ultimately does not resolve the question.
- The difference between a child vs. an idolater extinguishing a fire on Shabbos
The Gemara attempts to refute Rebbe Pedas and prove that Beis Din is chayav to stop a katan from sinning, based on a Mishnah in Shabbos Daf 121a that states: עובד כוכבים שבא לכבות אין אומרים לו כבה ואל תכבה – In the case of an idolater who comes to extinguish a fire in a Jew’s house on Shabbos, the Jews must not say to him, “Extinguish it,” but do not need to say, “Do not extinguish it,” שאין שביתתו עליהם – because his resting is not the Jew’s responsibility. But if a Jewish child comes to extinguish the fire, we say to him, “Do not extinguish it,” ששביתתו עליהם – for the responsibility for his resting is on them. This implies that an adult must stop a katan from sinning!? Rebbe Yochanan answered: בעושה על דעת אביו – The Mishnah is addressing a case where the katan understands his father’s wishes and is acting on his behalf. Rashi explains that the child looks at his father who is standing by him and sees that his father wants him to do it. In the case of the lost keys, Rebbe Yitzchak bar Bisna never told the children about the lost keys and never indicated he would want their return. When the Gemara objects and asks that in a case where an idolater was acting in concert with the Jew’s thinking in putting out the fire, is it permitted for him to still put out the fire, it answers, עובד כוכבים אדעתא דנפשיה עביד – an idolater always acts according to his own thinking. Rashi explains that even if the Jew is not aware of the fire, the idolater will put it out, knowing that he will receive a reward for doing so.
- Why a woman is not believed to say her husband died during wartime
The opening Mishnah of the fifteenth perek states: האשה שהלכה היא ובעלה למדינת הים – If a woman went overseas with her husband, שלום בינו לבינה ושלום בעולם – if there was peace between him and her and there was peace in the world, and she came and said, "מת בעלי" – my husband died, תנשא – she is believed and may marry. Similarly, if her husband had a brother but no children, and she said her husband died, תתייבם – she is believed and may be taken in yibum. If there was peace between them and war in the world, or fighting between them and peace in the world, she is not believed. Rava said, what is the reason that she is not believed regarding her husband’s death during wartime? משום דאמרה בדדמי – For it might be that she says he is dead when it seems to her that way even though she did not see him dead. She will rationalize and say, “Is it reasonable in light of all those who were killed that he escaped?” And if you were to suggest that since there is peace between them, then she would not testify until she saw him dead, there is still a concern that she will have seen him wounded by an arrow or a spear, and she assumes that he must have died, when there at times he can get medical care and survive.
