Tuesday, March 29, 2022

A fence protecting the Torah TB Yevamot 21

At the conclusion of the very first Mishna in Pirkei Avot the men of the Great Assembly taught “וַעֲשׂוּ סְיָג לַתּוֹרָה-make a fence for the Torah.” This fence is rabbinic enactments designed to safeguard Torah observance. The very first Mishna of the first chapter of Yevamot enumerates 15 different prohibited relationships. The punishment for violating this prohibition is karet. Daf TB Yevamot 21 enumerates 16 secondary relationships rabbinically prohibited            (שְׁנִיּוֹת-sheneeyot).

A baraita enumerates 8 forbidden relationships. “The Sages taught in a baraita: What are the secondary forbidden relationships that were prohibited? His mother’s mother, and his father’s mother, and his father’s wife, and his mother’s father’s wife, and the wife of his father’s maternal half brother, and the wife of his mother’s paternal half brother, and his son’s daughter-in-law, and his daughter’s daughter-in-law. A man is permitted to take his father-in-law’s former wife, provided she is not the mother of his wife, and his stepson’s wife, if the stepson died or divorced her. And he is prohibited from marrying the daughter of his stepson. And it is permitted for one’s stepson to marry the stepfather’s wife or daughter.” (Sefaria.org translation)

Rabbi Hiyya School adds another six. “One of the Sages of the school of Rabbi Ḥiyya taught: The third generation from one’s son and one’s daughter, i.e., one’s great-grandchildren, and the third generation from his wife’s son and his wife’s daughter, i.e., one’s wife’s great-grandchildren, are all forbidden as secondary forbidden relationships. So too, the fourth generation from his father-in-law and from his mother-in-law, i.e., his wife’s great-grandmothers, are prohibited as secondary forbidden relationships.” (Sefaria.org translation)

This sugiyah concludes by adding the two great aunts making a total of 16 secondary prohibited relationships

Rav Kahana teaches the most well-known source giving the rabbis their power to prohibit secondary relationships or making any other rabbinic enactments for that matter. The Gemara ultimately understands that this verse is a mere support an asmakhta be’alma-אַסְמַכְתָּא בְּעָלְמָא and not truly derived by the Torah.

Rav Kahana said that the prohibition of secondary forbidden relationships is alluded to from here, in the verse stated at the conclusion of the verses discussing the halakhot of forbidden relationships: “Therefore shall you protect [ushmartem] My prized possession [mishmarti], that you do not any of these abominable customs” (Leviticus 18:30). This means: Establish a safeguard [mishmeret] for My prized possession.

Abaye said to Rav Yosef: If the prohibition against secondary forbidden relationships is learned from here then it would be by Torah law, yet the prohibition against secondary forbidden relationships is by rabbinic law. He answered him: The requirement to add an additional safeguard itself is in fact by Torah law, and the Sages interpreted and defined where and when to apply this law. Abaye objected: But isn’t all of the Torah also interpreted by the Sages and yet has the force of Torah law? In that case, why are these laws considered to be rabbinic? Rather, the prohibition of secondary forbidden relationships was decreed by rabbinic law, and the verse is a mere support but does not indicate a Torah law.” (Sefaria.org translation)

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