Yevamot II 118: To Spare Someone From Transgressions; Women Love Being Married

Today's daf includes a number of short Mishnayot and commentary.  Each of them is concerned with the proper halacha when a woman is claiming that her husband has died while abroad.  In some of these cases, the woman has also lost a child while abroad.  Sometimes the child died before the husband, so that she was left as a yevama, and sometimes the husband died before the child, so that she was exempt from yibum.  In all cases, the credibility of the woman's word is questioned.

IN a number of these Mishnayot, Rabbi Akiva argues with Rabbi Tarfon.  The latter rules stringently, and Rabbi Akiva replied with the same statement repeatedly: This is no way to spare one from transgression.  In developing the halacha, Rabbi Akiva is clear that a good part of their responsibility is to help Jews keep the mitzvot.  Rival wives should not be left to partake of teruma, waiting for their priestly husbands indefinitely, for example.  

The fact that Rabbi Akiva openly considers his role as one that facilitates the practice of mitzvot is significant.  Of course, this is always in the minds of the rabbis as they balance the needs of the community, the words of Torah, the words of Sages who have come before them, etc.  But usually the rabbis are silent about this motivation.  Their interpretations are stated as facts based on proof texts: a rabbi's interpretation is what G-d has intended, obviously - just look at this proof!  It is refreshing to witness Rabbi Akiva's ability to name the importance of how the halachot are constructed as means to an end.

At the end of today's daf, one last Mishna examines the importance of marriage in women's lives.   The rabbis begin by speaking about a woman whose husband gives a get to his agent to be delivered to his wife.  Before she receives it, her husband dies.  Should we consider her to be divorced from the moment that he hands off the get?  Or is she considered to be married?  The Gemara notes that most women wish to remain married, regardless of their husbands' appearance, profession, or status.  The rabbis share a number of sayings that suggest that a woman's status is always improved by marriage, regardless of who she marries.

Many women continue to feel this way.  At the same time, we continue to learn that our highest value is our ability to look attractive to men and to procreate.  So really, we do continue to gain status through marriage: if we are 'wanted' by a man, our value is set.  And yet in modern times, especially with the advantages of not being property, of having access to birth control, and of having options for employment - we must balance how important those old values are.  Somehow the approval of men is still linked to our sense of self-worth. Although they were located in a very different perspective, the rabbis were astute in their observations.