Yevamot II 86: Leviim and First Tithes

We continue to deepen our learning about who is entitled to teruma and first tithes based on marriage.  Some of the issues raised include the marriage between the daughter of a Levite and a Kohen, betrothal versus marriage, and whether the gift could be consumed in a cemetery.  Each specific situation require the rabbis to reexamine the possible limitations of their halachot.  

An interesting story is told about Rabbi Akiva and Rabbi Elazar ben Azarya.  Akiva argued that priest were excluded from eating first tithes, for they were not to eat anywhere -- they were not allowed to eat in cemeteries.  Rabbi Elazar took first tithes from a certain garden.  Abaye actually changed the entrance to the garden so that it opened onto a cemetery, thus disallowing Elazar from taking first tithes.  Elazar, we learn in our notes, was a tenth generation Sage descended of Ezra, who allowed priests to take from first tithes.  However, his argument is that he relies on those tithes to live.  As he was a rich man, Elazar's statement was untrue.   So his statement teaches us that the rabbis were able to choose which arguments they felt would be more persuasive in their discussions.  It also teaches us that Abaye, even if he was 'fighting the power', had a lot of chutzpah!

There seem to be a number of possible reasons that the Leviim were prohibited from partaking of first tithes.  One possibility is that the Kohanim required first tithes while they were impure because at those times they were forbidden from partaking of teruma.  Another possibility is that Ezra may have punished the Leviim for not travelling into Eretz Yisrael.  Perhaps Leviim were not permitted to partake of first tithes as punishment.  After some time, those giving first tithes could then give them to Leviim or Kohanim as they saw fit.  Given this situation, the Gemara suggests that Abaye may have said to Elazar that he could partake of the first tithes if he was following the narrative regarding punishment.  But if he was demanding his 'fair share', Elazar should still be prohibited from partaking of the tithes.

Our daf ends with the beginning of a new Mishna.  It teaches us that an Israelite woman who is married to a priest may partake of teruma.  She can continue this privilege on behalf of her children and grandchildren if her husband dies.  If she subsequently marries a Levite, she cannot partake of teruma any longer but she can partake of first tithes.  If her Levite husband were to die as well, she could continue partaking of first tithes on behalf of any children/grandchildren from him.  If she had remarried an Israelite, she could partake of neither.  The Mishna then teaches that if her children from each marriage dies, she is accordingly disqualified from partaking of tithes/teruma.

Interestingly, our notes remind us that it does not matter whether her child is a girl, boy, androginos or tumtum.