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Yevamos 16

YEVAMOS 16 (7 Teves) - Dedicated by Yaakov Wollner and family, of Baltimore, Maryland, in memory of Yitzchok Yisroel Daniel.



(a) The Beraisa says that in the days of Rebbi Dosa ben Horkinus - they (the Chachamim, on the instigation of Rebbi Dosa's brother, who will be quoted later) permitted Tzaras ha'Bas to the brothers (like Beis Shamai), proving once and for all, that Beis Shamai practiced what they taught.

(b) The Chachamim were particularly upset about that incident - because they attributed it to Rebbi Dosa ben Horkinas himself, who was a great Chacham (the mix-up occurred due to the fact that, Rebbi Dosa, whose eyesight had deteriorated, no longer frequented the Beis-Hamedrash).

(c) Rebbi Yehoshua volunteered to go and sort it out with him - and Rebbi Elazar ben Azaryah and Rebbi Akiva agreed to go with him.

(a) Rebbi Dosa ben Horkinas placed first Rebbi Yehoshua, then Rebbi Elazar ben Azaryah and finally, Rebbi Akiva - on a golden settee.

(b) When Rebbi Yehoshua informed Rebbi Dosa ben Horkinas that he was being accompanied by ...

1. ... Rebbi Elazar ben Azaryah - he became excited at the fact that Azaryah their contemporary had a son, on whom he quoted the Pasuk "Na'ar Hayisi ... ve'Lo Ra'isi Tzadik Ne'ezav ve'Zar'o Mevakesh Lachem".
2. ... Rebbi Akiva - he exclaimed 'Are you Akiva ben Yosef, whose fame has spread from one end of the world to the other'?
(c) When they queried him about Tzaras ha'Bas, and his view on the matter - Rebbi Dosa replied that this was a Machlokes between Beis Shamai and Beis Hillel, and that the Halachah was like Beis Hillel.

(d) They thought that he had ruled like Beis Shamai - because they assumed that the name 'ben Horkinas' referred to Rebbi Dosa (and not to his brother Yonasan, who was unknown to them).

(a) When Rebbi Dosa ben Horkinas referred to his brother as a 'Bechor Satan' - he meant that he was an exceptionally sharp man, who did not relent from his views even when he was in the minority.

(b) He had three hundred proofs - permitting Tzaras ha'Bas.

(c) Rebbi Dosa ben Horkinas, on the other hand - brought as testimonial heaven and earth, that Chagai ha'Navi had sat on that very (mortar-shaped) seat, and declared that Tzaras ha'Bas was prohibited.

(a) Rebbi Dosa ben Horkinas also testified that the Jews living in Amon and Mo'av must separate Ma'aser Ani in the Sh'mitah-year - so that the poor should have a source of income during the Sh'mitah-year. This decree was not confined to Ma'aser Ani exclusively, but extended to Ma'aser Rishon, and to Leket, Shik'chah and Pei'ah, as well.

(b) Amon and Mo'av are not subject to Sh'mitah (which is Patur from Ma'asros) - because the original Kedushah of Yehoshua dissipated when they went into Galus. It was not reinstated when they returned, because they were not captured by the Olei Bavel.

(c) He also testified - that one may accept converts from the Karduyin and the Tarmudin.

(d) We would otherwise have thought that one may not accept converts from there - because some say that they comprised Jews who had been exiled there, and that gentiles had raped the women, whose children would then be Jews, and possibly, Mamzeirim (as we shall see later in the Sugya).

(a) The three Chachamim left Rebbi Dosa ben Horkinas' apartment by three different exits (see Tosfos DH 'Yatz'u'). Yonasan, the Bechor Satan, met Rebbi Akiva as he was leaving. After declaring his worthiness - he added that he had not yet reached the level of the cow-hands (see Agados Maharsha).

(b) Rebbi Akiva replied - that he had not even reached the level of the shepherds (according to the Maharsha, he declared that he *had*).

(c) We reconcile Rami bar Yechezkel's Beraisa, which prohibits the acceptance of converts from among the Karduyim, with Rebbi Dosa ben Horkinas's testimony, which permits it - by amending the Beraisa to read not 'min ha'Karduyim', but 'min ha'Kartuyim', who were known to be Pesulim (for the reason that we explained in 4d.).

(a) When the Tana in Nidah said that all stains that came from Rekem were Tahor - he meant that stains that one found on clothes that came from Rekem were Tahor, because the inhabitants were Nochrim (see also Tosfos DH 'Kol').

(b) Rebbi Yehudah disagreed - on the grounds that they were converts who had converted out (which does not change their status as Jews).




(a) The Mishnah concludes 'mi'Bein ha'Ovdei Kochavim, Tehorim', incorporating stains that come from Tarmud. We see from here, Rebbi Yochanan extrapolates - that the inhabitants of Tarmud were considered to be Nochrim, in which case, one could accept converts from there.

(b) But above, he and the 'elders' explicitly said - that one is not permitted to accept converts from Tarmud.

(c) We do not want to answer that Rebbi Yochanan only comes to explain the Mishnah, but that that is not his personal view - because Rebbi Yochanan himself always rules like a S'tam Mishnah (which this is).

(d) Nevertheless, we finally justify it by establishing a Machlokes regarding this point, and that those who quote Rebbi Yochanan here (who clashes with the S'tam Mishnah) maintain that he does not always rule like a S'tam Mishnah. (See also Tosfos DH 'Rebbi Yochanan').

(a) Some give the reason of Rebbi Yochanan and the 'elders' as being because of 'Avdei Shlomoh' - slaves of Shlomoh who attained great wealth, which they (ab)used to 'marry' Kasher Jewesses (and they hold that the child of a Nochri or a slave who had relations with a Jewess is a Mamzer).

(b) Others ascribe it to 'B'nos Yerushalayim'. Some say that twelve thousand soldiers plus six thousand archers were involved - according to others, there were twelve thousand soldiers, of whom six thousand were archers.

(c) When the armies of Nevuchadnetzar entered the Heichal, and all the other soldiers turned to the loot - they turned to the Yerushalmi women.

(a) The Pasuk in Tehilim "Na'ar Hayisi ve'Gam Zakanti ... " is quoted and Darshened here - because it was quoted above by Rebbi Dosa ben Horkinas in connection with Rebbi Elazar ben Azaryah.

(b) According to Rav Shmuel bar Nachmeini Amar Rebbi Yonasan, the author of that Pasuk - was an angel (possibly Matatron - see Tosfos DH 'Pasuk').

(c) It cannot have been ...

  1. ... Hashem - by whom there is no such thing as old age.
  2. ... David Hamelech - who did not live that long.
(d) When the Pasuk writes "Yado Paras Tzar *al Kol Machamadehah*" - it refers to Amon and Mo'av, who turned to the *Sifrei-Torah* (to destroy them), because it contains the Pasuk "Lo Yavo Amoni u'Mo'avi bi'K'hal Hashem".
10) When, in connection with the Pasuk "Tzivah Hashem le'Ya'akov Sevivav Tzarav", Rav explains 'Humnayah le'Pum Nahara' - he means that the Humnayah (a tribe that came from Greece) would attack the poor, Jewish inhabitants of Pum Nahara.


(a) Rav Yehudah Amar Rav Asi says that if a Nochri betroths a woman nowadays, we suspect the Kidushin to be valid - meaning that she would not be permitted to marry anyone else without a Get from the man who had betrothed her.

(b) This ruling is based on the contention - that the man concerned might be from the ten tribes.

(c) The reason that we do not go after the majority of people in the world, who are Nochrim, is - that we are speaking about a place where we know the ten tribes live (and are in the majority - see Tosfos DH 'be'Duchta').

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