Monday, October 27, 2014

Yevamot 22 – Any child

Any son that a man has relieves his wife from the mitzvah of yibum or chalitzah, which she would otherwise have to do after her husband's death. The Torah said that only when "and one of them dies childless" does the mitzvah of yibum apply.

What did the teacher mean by "any child?" He could have said it shorter, "A child." – Even a mamzer – a son born from a woman married to another. But how do we know that? Maybe the Torah discusses only a legitimate son? – From the words "And he has no son," - "U ben ein lo." The term "ein" can be understood as "ain," which would mean an eye, telling us to look into the matter and discover any existing son. For example, if he has a daughter, she also exempts her mother from yibum. The exception to this case is a child born from a slave or a non-Jewish woman, who is not considered the man's offspring for the purposes of Jewish law.

In a similar vein, “any brother” to whom the mitzvah of yibum applies also includes a mamzer. He is also a real brother for burial – so that if the father is a Kohen, and this son of his dies, then other brothers are permitted to go to the cemetery for his burial. This brother also inherits together with the other brothers, and he is liable for cursing his father.

The last point needs explanation. The Torah said, "Do not curse a prince (and anyone in general) in your people," so this prohibition only applies to people who observe Torah laws and do "the conduct of your people." This father sired a mamzer, and he is not doing the right thing, so the son should not be liable for cursing him!? – The father repented. But the mamzer is alive, so the repentance cannot work! – No, it can, because at least now the father behaves appropriately.

Art: Portrait Of A Father And Son by Florentine School

4 comments:

Avi Rosenthal said...

But not the child of a slave woman or of a Gentile woman!

Mark Kerzner said...

Alan,

would you prefer "Gentile" instead of "non-Jewish", or do you just want to emphasize the point?

Regard

Avi Rosenthal said...

"Non-Jewish is fine. I just wanted to emphasize the point.

Mark Kerzner said...

Thank you. Next daf discusses the same question, so I needed your answer.