Tuesday, May 24, 2022

Yevamot 78 - Can a mamzer survive?

A mamzer (bastard) is a child born from a union where the man and the woman were prohibited to each other and where the prohibition led to being spiritually cut off from the people. An example of this could be another man's wife or one's own sister. Once a man is a mamzer, he cannot marry a Jewish woman. That prohibition extends to all generations and applies equally to men and women.

From here, we start having divergent opinions. "Even until the tenth generation" is interpreted as "forever," but Resh Lakish says it literally means the tenth generation. They asked Rabbi Eliezer's opinion on this, but he answered, "Who can give me even the third generation mamzer, and I will purify him." He meant that Heaven watches over him and causes him to die before he produces the third generation - so that the Jews would not unknowingly intermarry.

That rule only applies to a mamzer who was not known publicly. But if he is known, people would not intermarry anyway. To support this, here is a story. There was one mamzer whose status was not known. Rabbi Ami announced his status to the public. The man went about crying. Rabbi Ami consoled him, "I gave you life!"

Rabbi Tarfon tells us how a mamzer can purify himself. Today, it is hard to prove that anyone is a mamzer.

Art: Two Sisters and a Brother of the Artist by Sofonisba Anguissola

Thursday, April 7, 2022

Yevamot 31 - Did I really marry you?

Several times, we have seen that if a man dies, his brother needs to marry the deceased man's wife or let her free. If he marries her, it is called a yibum, and if he lets her free, it is called a chalitzah.

The first complication may arise if the now-deceased had two wives, one of which happens to be forbidden to the live brother. For example, she could be the brother's daughter, the dead man's niece. The brother cannot marry his daughter, and the other wife is automatically released from either yibum or chalitzah.

The second complication may arise when we are in doubt whether the deceased man married his niece or not. This doubtful marriage is the focus of our investigation here. How could it happen? Here is how. Instead of giving his bride the betrothal document, he threw it at her, and it fell to the ground. Now, if it fell closer to her, she would be married. If it fell closer to him, she is not. If it fell in the middle, we have a doubt. 

The solution? The alive brother should release both wives and cannot marry either. Thus, he does the halitzah to both but cannot do a yibum.

Art: The Brothers Konrad und Franz Eberhard by Johann Anton Ramboux

Wednesday, March 16, 2022

Yevamot 4 - Looking for a permission to marry one's daughter

The logic about not marrying one's daughter could be completely reversed. Here is what a man trying to find the permission to do so could argue.

He will marry his daughter off to his brother (the Torah law allows marriage with the niece.) Then, when his brother dies, he gets to marry his daughter as his brother's wife or a "yevamah." True, there is a prohibition against marrying one's daughter, but it is overwritten by a positive commandment to marry a yevamah.

His source? Two verses: "You should not wear wool and linen together" and next to it, "You shall fringes on your garment." For your fringes (tzitzit), you can use wool and linen together. In fact, that is what they did in the Temple, making the priests' belts. This teaches us that "do" overwrites "don't do." 

He seems to have built his case? We answer that "do" overwrite "don't do" only for relatively light prohibitions, such as wearing wool and linen together. Marrying one's daughter - or any other similar ban - is more strict. So even the mitzvah of yibum does not help him turn the forbidden into permitted.

Art: Henri Rouart and his Daughter Helene by Edgar Degas


Thursday, March 10, 2022

Yevamot 3 - Sleeping with one's daughter

Most people would agree that a man should not sleep with his daughter. However, this is not mentioned in the Torah directly. Instead, this prohibition is derived by connecting with another ban in two steps.

We are not talking about his legitimate daughter because she is "his wife's daughter," and it is indeed prohibited. Instead, we are talking about his out-of-the-wedlock daughter from his lover who is not his wife. Why can't he sleep with her? 

First, one should not marry a woman and her daughter because they are close relatives,  and it is a shame. Second, one should not sleep with his son or daughter's daughter because it is a shame. Since these two phrases include a similar word, "shame" or "heinnah" in Hebrew, we can combine the prohibitions and derive that sleeping with one's daughter, even born out of wedlock, is incest.

The teacher (Tanna) who taught this law loved involved logic. Since this law is a perfect example, the teacher has put one's daughter as the first in the list of the fifteen women who are automatically released from yibum or chalitzah.

Father and Daughter by Charles H. Moreau

Friday, February 18, 2022

Chagigah 9 - What is right and what is wrong

Jews traveled to Jerusalem three times a year, visited the Temple, and offered a sacrifice there. This sacrifice was called "Chagigah" or Celebration. Ideally, one should bring this sacrifice on the first day of the Festival. However, if he missed doing it on the first day, he can still complete the celebration by offering (and then eating) it on any of the remaining days of the Festival.

What happens if he went to Jerusalem, visited the Temple, but did not bring a Chagigah sacrifice, and the Festival is now ended? He missed his chance, and nothing can be done now. The following statement by King Solomon applies to him, "A crooked thing cannot be straightened, and a lack cannot be counted."

What are the other examples of irreparable losses? One misses the time to say the prayer of "Shema, Israel!" in the morning or evening. One who has relations with a woman who is forbidden to him (like a sister or another man's wife) and she gives birth to an illegitimate child (mamzer.) But some people do not agree that this phrase refers to these cases. They say to become crooked, one must start out straight. Who is this? - This is a Sage who went to the bad side.

Art: Motherly love by Albert Neuhuys

Saturday, February 12, 2022

Kabbalah of Chagigah 3

Chagigah 3 mentions two mute brothers. They wanted to learn Torah and attended the teacher's lessons. In the end, the teacher saw their desire and prayed for them, and they started talking. 

These two brothers were the reincarnation of Eldad and Medad. Eldad and Medad are among the seventy-two sages who prophesied in the camp. They were also brothers, sons of Yocheved whom she bore while being divorced from Amram.

There were two reasons why they were born mute in this reincarnation. Amram did not give Yocheved a Get with a whole heart. The second was that their prophecy was about Moses' death and thus inappropriate without permission. Thus, in the new incarnations, they were born mute, and they first suffered and then corrected this defect through Torah study. This, then, was their Tikkun (correction.)

Art: Two Brothers by Maurice Leloir

Thursday, February 3, 2022

Moed Katan 22 - The stages of mourning

If one's close relative dies, one enters the period of mourning. The day of the death is the hardest. He does not wear tefillin and does not say the regular blessings spoken throughout the day. This bereavement lasts until the burial - which ideally should be on the day of death.

With the closing of the casket begins the "shivah," which lasts for seven days. When the body is buried without a coffin, shiva starts with the closing of the grave. If the body is taken to a different city, those mourners who do not accompany the body begin shivah as soon as they take leave of the body.

Burying and mourning for one's parents are different from the other close relatives. For all other relatives, the sooner he buries them - the better. For his father and mother, one who eulogizes them is praiseworthy. In the former times, the pallbearers would stop many times on the way, and at each stop, some additional eulogizing and mourning would take place.

Art: Mourning by Jules Charles Boquet


Wednesday, February 2, 2022

Moed Katan 21 - For whom to mourn

A priest (Kohen) must not go to the cemetery. He must also avoid contact with the dead bodies or being under the same roof. Even today, when people cannot observe the purification with the ashes of a red heifer, the priests still must follow these laws.

However, when his close relatives die, the priest must, on the contrary, become impure and take part in the funeral. Who are these close relatives? - His mother and father, his son and his daughter, his brother, his unmarried sister, and his wife.

The same list of seven close relations applies to ordinary people who mourn a relative. How does one express his mourning? He makes ritual clothes rending, does not work, does not bathe, does not engage in marital relations, does not wear shoes, does not wear tefillin, and does not study Torah. 

Art: Artist`s Parents, by David Wilkie

Tuesday, February 1, 2022

Moed Katan 20 - Not to be the bearer of bad news

When Rav came to Israel from Babylonia, he visited Rabbi Chiya, his relative. Rabbi Chiya asked Rav, "Is your father alive?" Rav answered, "You should better ask about my mother." Rabbi Chiya then asked, "Is your mother alive?" To that, Rav answered, "Is my father alive? - I have not answered you that."

Rav did not want to report bad news. At that point, Rabbi Chiya understood that both Rav's parents had passed away. Both Rav's parents were relatives of Rabbi Chiya from his parents' previous marriages. Now, Rabbi Chiya had to observe the laws of mourning (shivah) for both of them. Rabbi Chiya said to his attendant, "Help me take off my shoes and carry my clothing after me to the bathhouse."

From the words of Rabbi Chiya, we learned three laws. First, a mourner is prohibited from wearing shoes. In the case of Rabbi Chiya, it was "delayed news," so he only had to take his shoes off for a short time. Second, in the case of delayed news, a mourner observes the shivah only for a day and not seven days. Therefore, even though usually a mourner is prohibited from bathing, Rabbi Chiya was allowed to bathe after a day. And third, part of the day is counted as a full day, and Rabbi Chiya already demonstrated his mourning by taking off the shoes.

Peasant Burial by Erik Werenskiold

Tuesday, January 11, 2022

Megillah 31 - Reading Torah in the synagogue

Since this tractate, Megillah, is mainly about reading the Megillah in the synagogue on Purim, the Talmud now lists all other instances of reading from the Scriptures in the synagogue. Where do we find the commandment to do that? The phrase "And Moses proclaimed the festivals to the Children of Israel" tells us that there is an obligation to read about the festival at its appropriate time.

We already saw a conversation where God tells Abraham that the world exists in the merit of the sacrifices in the Temple. Here we have the continuation of this conversation. Abraham asked, "That answer is good when the Temple is standing. But without the Temple, if the Jews sin - you will destroy them!" God replied that while the Jews are reading the Torah portions, which contain sections about offering, it is as if they were bringing the offerings. That is why they will be forgiven.

Art: Jews Mourning in a Synagogue by Sir William Rothenstein

Sunday, January 9, 2022

Megillah 27 - Selling a Torah scroll

In general, one may only raise the sanctity of an object but not bring it down. Also, in general, the sanctity of the Torah scroll is the highest of all things. For example, if people sell a synagogue, they can use it only for items of greater sanctity, such as an arc in which the Torah scroll is stored.

However, can one convert a synagogue into a study hall? In other words, is Torah study more important than prayer, or is prayer more important than Torah study? The Talmud finds the opinions that go in both directions. Each of them considers proof from the scriptures. 

Can one sell a Torah scroll to buy another one? Firstly, we should guard against negligence. The people might sell a scroll, set the money aside to buy a new one, and never come to buy the new one. But even aside from that, there is not a definite decision. 

However, one can sell a Torah scroll in two cases. The first one is to learn more Torah - because learning leads to actions, which are good deeds. And second is the purpose of marrying a woman because "He did not create the world to be void; He formed it to be inhabited."

Art: Interior of the Portuguese Synagogue in Amsterdam by Emanuel de Witte

Thursday, January 6, 2022

Megillah 26 – Selling a synagogue

The townspeople who sold the town square are allowed to buy a synagogue with the proceeds, but if they sold a synagogue, they are not allowed to buy a town square with that money.

What is unique about a town square? Going back to Taanit, we know that people used to pray there on the seven strict fast days, so this teacher holds that this gives the town square some holiness.

In any case, we see here the rule of "we bring up in holiness but don't bring down." What is the source for this rule? For the first part, we get it from Betzalel creating the Tabernacle object, and then Moses, who was on the higher level, putting it together. The "don't bring down" part is learned from the two hundred and fifty people who joined Korach in his revolt: the pans they used to offer the incense were not disposed of but beaten into the covering for the Altar.

What about keeping on the same level? For example, can one sell a synagogue to buy another one? The rule leaves it open, and there are two opinions ("yes" and "no"), but in practice, it is permitted. There are also other considerations with the synagogue: care must be taken to prevent negligence of not buying or building another synagogue later.

If the people in a village built a synagogue building strictly for themselves, their authorized representatives could sell it in the presence of the place's residents. However, a city synagogue is usually built with contributions from out-of-town people and for the use of everyone, so in general, it cannot be sold.

Art: A Cathedral On A Townsquare In Summer by Cornelis Springer

Wednesday, January 5, 2022

Megillah 25 - The awareness of spirituality

Everything in the person's life is predestined: whether they will be rich or poor, strong or weak, bright or dull. Everything except for the awareness of the spirituality that controls the world. Alternatively, the "awareness of spirituality" can be translated as "fear of Heaven." Where is this in the Torah?

"And now, Israel, what does God want of you? Only that you remain in awe of God your Lord." Only remaining in awe is required, but everything else is controlled by God.

Incidentally, the language implies that having this awe is easy. But we know that it is not! How could Moses say so? That is because, for Moses, it indeed was easy. When they ask something of a person who has it, it seems like something small. But if they ask him for something minor and he does not have it, it looks like something big.

Art: Poverty and Wealth by William Powell Frith


Tuesday, January 4, 2022

Megillah 24 - When the priests come to bless the people

In the Temple, the priests would bless the people. Today, they (Kohanim) still bless the people in the synagogue. In Israel, they do it every day. Outside of Israel, only on Holidays (Yom Tov) when everybody is in high spirits.

In the Temple, the priests were barefoot; today, they also take their shoes off for the blessing. If the priests have something unusual about their hands or feet, they should not bless the people who might be distracted by looking at them. But today, it does not apply because the priests wear socks, and their hands are covered with a tallith.

There is a prohibition in the Torah that one should not take a mother bird with its young. Instead, he should send away the mother bird. However, if he uses this as an argument in his prayer, saying that he, too, deserves mercy - the Talmud says his prayer text should be changed. That is because he is saying that the reason for this mitzvah is mercy on birds - but the real reason is unknown to people. Today, the prayer text is in the prayer books, and again this warning does not apply.

Art:  Bird's nest by Franz Xaver Petter