Monday 20 October 2014

Yevamot 17: Matrilineal Jewish Continuity; Who is a Brother?

We learn that when Jewish women lived in certain towns, they were likely partnered with Gentile men and thus their children were rendered mamzerim; the women themselves were deemed ritually impure.  Other towns were thought of as places of refuge for Jewish women, and their lineage was not questioned.   Today's text is where the rabbis agree that women and not men determine whether or not their child is Jewish.  And here is where we learn that of the ten tribes of Israel, all of the women are said to have become barren (due to trauma or their own crafty refusal of male attention), resulting in no Jewish descendants.  

Perek II begins with a Mishna that examines the definition of 'brother' in yibum.  The rabbis share their arguments.  What are the differences between the obligations - and restrictions - on a paternal half-brother versus a maternal half-brother?  Why is there a betrothal between the death of the yevama's husband and when she has intercourse with her yibum, formalizing the marriage?  Is the yibum ever allowed to marry the yivama's mother?  What if the yivama dies during the betrothal?  How long must a yevama wait for another yibum to be born?

The rabbis discuss the zikka, the bond of levirate marriage.  Sometimes that bond is substantial and sometimes it is weaker.  

Today's daf somehow feels more grounded in reality.  What about if Miriam does not want to wait around for her mother-in-law to have a baby who will grow up to become her husband?  Often the rabbis' arguments seem theoretical; today they discuss problems with the Mishanyot.  

We can easily note the lasting effect of our rabbis' interpretations.  Even today, many Jewish communities do not recognize paternal Jewish lineage.  Clearly there are pros and cons to that understanding of the text.  We have to remember that even our rabbis were lenient regarding some of their interpretations and their uses of halacha.  When law does not serve the larger good of the community, will it last?  Should it last?  If halacha is harming our community, will it last? Should it last? 

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