Yevamot 83 – The laws of Rabbi Yose

Rabbi Yose did not say much, but when he did, the law usually followed him. Rav mentioned two such cases: androgyne and grafting, and Shmuel mentioned another two: a woman in labor and rendering unfit. Let's look at some of them.

Earlier, we saw that an androgyne has the status of a male for the purpose of another male marrying him – the disagreement was whether one is liable for relations with him only through his male orifice (anus) or also his female orifice. However, Rabbi Yose states that an androgyne is considered a separate creature, and the Sages were not sure whether to give him the status of a male. As a result, none of the laws requiring definite proof of him being a male can be applied.

Grafting: one may not plant a tree or graft a branch to a tree on a Shmita year, and even some time before it. Rabbi Yose said that this “some time” was two weeks, and another period of thirty days was already implied, so that total according to him was thirty days and two weeks.

Rendering unfit: one should not plant wheat in a vineyard, so if one spreads his vines over someone else's grain, he has created a prohibition, and the crop from the overhanging must be burned. One who does it is liable to compensate the owner. However, Rabbi Yose (together with Rabbi Shimon) says that one cannot prohibit something that does not belong to him. Thus, no prohibition is created, and there is no need to burn and repay.

Art: Hay And Wheat Stooks Before The Rain by Edward Duncan