Rabba and Abaye’s disagreement about single women becoming pregnant TB Yevamot 35

In Jewish law the paternity of the child is important to establish. There is a general rule that a widow or a divorcee needs to wait three months before she can remarry in order to determine which husband fathered the child. I am not willing to validate the following rabbis’ view, but just state it. They believed that pagan women were promiscuous. Rabbi Yosei and Rabbi Yehuda disagree on today’s daf TB Yevamot 35 whether a pagan proselyte or freed maidservant need to observe this three month waiting period before she can marry a Jew.

“…it is taught in a baraita: In the case of the female convert; and the captured woman, who is suspected of having been raped during her imprisonment; and the maidservant, who were redeemed or who were converted or who were released, must wait three months prior to marriage. This is the statement of Rabbi Yehuda. Rabbi Yosei allows them to be betrothed and married immediately.” (Sefaria.org translation 

Rabba and Abaye disagree about Rabbi Yosei’s reasoning. Rabba explains that she will use an absorbent contraceptive to prevent pregnancy. Because she won’t become pregnant, we don’t have to worry about the paternity of the child. “Rabba said: What is the reasoning of Rabbi Yosei? He holds that a woman who engages in promiscuous sexual intercourse uses a contraceptive resorbent that she places at the opening of her womb so as not to become impregnated. Therefore, there is no concern that she might be pregnant.” (Sefaria.org translation)

Abaye agrees this is the case with women who have the foreknowledge and are willing to become Jewish. They will prevent a pregnancy. He challenges Rabba’s logic with a woman who doesn’t have that foreknowledge and desire to be Jewish? “Abaye said to him: Granted, a female convert does this. Since she is determined to convert, she guards herself so as not to be impregnated while still a gentile in order to distinguish between children conceived in sanctity, i.e., after her conversion, and children conceived out of sanctity. A captured woman and a maidservant would also be cautious because they hear from their masters that they are about to be redeemed or that they are about to be released, and they guard themselves so as not to be impregnated. However, with regard to a maidservant who is released due to damage caused her by her masters, i.e., loss of one of her extremities such as a tooth or an eye, how can you find a case where there is no concern for her becoming impregnated? Since she could not have known in advance that she would be released, she would have had no reason to be careful not to become pregnant.” (Sefaria.org translation)

He still concludes that all categories maidservants do not have to wait the three months before marrying a Jewish man. “Abaye said: A woman who engages in promiscuous sexual intercourse turns over (מִתְהַפֶּכֶת) following intercourse, trying to prevent the absorption of the semen, so as not to become pregnant. Maidservants act in a similar manner.” (Sefaria.org translation) Steinsaltz comments that turning over is a completely ineffective birth control method. He suggests that these women do not want to become pregnant at all; consequently, they will use all possible means like drugs as well as turning over to prevent pregnancy.

The Hazon Ish understand the basic disagreement between Rabba and Abaye isn’t about a birth control method at all. The question is whether an unmarried woman wants to become pregnant. Abaye believes that under no circumstances does she want to become pregnant. Rabba holds the opinion that maybe under some circumstances she does want or at least doesn’t mind to become pregnant.