Sunday 30 November 2014

Yevamot 58: When Can the Yevama Partake of Teruma?

The rabbis debate about a when a woman who is marrying a priest can partake of teruma.  One of their questions has to do with the meaning of "wedding canopy".  This might refer to the metaphorical entrance into the husband's home; it may refer to sexual intercourse. We learn that Rabbi Yishmael (son of Rabbi Yochanan ben Beroka) holds in accordance with Rabbi Meir: if her act of intercourse entitles her to partake of teruma, her wedding canopy also entitles her to partake of teruma.  However, if her act of intercourse disqualifies her from teruma, her wedding canopy disqualifies her as well.

The rabbis want to understand whether or not there is significance to the wedding canopy.  They look at the sota's examination through drinking the bitter waters.  We know that widows and those who are waiting for their yavamin do not drink the bitter waters.  The rabbis speak of a woman who, after she is married, is accused by her husband of having secluded herself with a man.  She cannot drink the bitter waters.  Why not?  Betrothed women must not have intercourse with anyone while betrothed - she should be held accountable, right?  Well, the husband who accuses his wife of being a sota must be free from iniquity to force her to be examined by the waters.  Since he married this woman knowing that she had secluded herself with another man, he has sinned, as well.  Thus she cannot participate in this ritual, even if she and her husband both want that experience.

However, if this husband accuses this wife of secluding herself with another man after entering the wedding canopy and before intercourse, she can be examined by the bitter waters.  The rabbis suggest that this proves that "there is significance" when woman who is unfit to marry a priest enters the wedding canopy but does not yet have intercourse.

The rabbis clarify the differences between a betrothed woman and a betrothed yevama.  They look to suspicion and the ritual of the sota; they consider the significance of intercourse.

Even the rabbis recognize that there are difficulties with the stringencies of rabbinic law compared with Torah law.  For example, they tell of two competing opinions regarding whether or not yevamot (descended of priests) can partake of teruma when they are forbidden to their yavamin.  One of the barriers is the rabbinic ruling that a yevama is forbidden to a brother who is a priest if he has another brother who is a priest.  From the moment that her husband died, she was eligible to marry either brother.  She would be understood as reserved for an act of invalid intercourse, and when she becomes betrothed to one brother, she has made herself ineligible to partake of teruma because of this transgression.  One point of view suggests that Torah law allows her to receive teruma.  The other states that she cannot receive teruma until she has undergone divorce and chalitza and she has returned to her father's home.




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