Daf Yomi - Yevamos 49 - Highlights

The Mishna states: How is a mamzer produced? Rabbi Akiva says: Any union with a relative subject to a negative prohibition will produce a mamzer. Shimon Hatimni said: A mamzer can only be produced from a marriage which is punishable by kares and the halacha follows his words. Rabbi Yehoshua said: A mamzer can only be produced from a marriage which one is subject to a court-imposed execution.

Rabbi Shimon ben Azzai said: “I found a scroll of lineage in Yerushalayim and the following was written in it: ‘So-and-So is a mamzer because he was born from an illicit relationship with a married woman.’ This corroborates the words of Rabbi Yehoshua.”

The Mishna continues: If one’s wife died, he is permitted to marry her sister. If he divorced his wife and then she died, he is permitted to marry her sister. If he divorced her and then she married someone else and then she died, he is permitted to marry her sister.

If one’s yevamah died, he is permitted to marry her sister. If he performed chalitzah with her and then she died, he is permitted to marry her sister. If he performed chalitzah with her and then she married someone else and then she died, he is permitted to marry her sister. (49a)

The Gemora cites the Scriptural source for Rabbi Akiva’s opinion that any union with a relative subject to a negative prohibition will produce a mamzer.

Rabbi Simai adds: Any woman who is subject to a negative prohibition (even if she is not a relative) will produce a mamzer.

Rabbi Yesheivav adds: Any woman who is subject to a positive prohibition will produce a mamzer.

The Gemora provides the Scriptural sources for those opinions as well.

The Gemora provides the Scriptural sources for the respective opinions of Shimon Hatimni and Rabbi Yehoshua as well. (49a)

Abaye said: Everyone agrees that one who cohabits with a niddah (menstruant) or a husband who cohabits with his sotah (adulterous wife) that the children born from them will not be a mamzer.

Abaye explains his reasoning: A niddah cannot produce a mamzer because kiddushin would take effect with her (and the principle is that a mamzer can only result from a woman who kiddushin will not take effect with). A sotah also cannot produce a mamzer because kiddushin would take effect with her.

The Gemora cites a braisa supporting Abaye’s position. The braisa states: Everyone agrees that one who cohabits with a niddah or a husband who cohabits with his sotah or one who cohabits with a woman awaiting yibum that the children born from them will not be a mamzer.

The Gemora asks: Why didn’t Abaye mention the case of one who cohabits with a woman awaiting yibum?

The Gemora answers: Abaye was uncertain if the halacha follows Rav or Shmuel (who dispute if kiddushin takes effect with one who cohabits with a woman awaiting yibum). (49b)

The Mishna had stated: Rabbi Shimon ben Azzai said: “I found a scroll of genealogical records in Yerushalayim and the following was written in it: ‘So-and-So is a mamzer because he was born from an illicit relationship with a married woman.’ This corroborates the words of Rabbi Yehoshua.”

The Gemora cites a related braisa: Rabbi Shimon ben Azzai said: “I found a scroll of lineage in Yerushalayim and the following was written in it: ‘So-and-So is a mamzer because he was born from an illicit relationship with a married woman.’ The following was also written in it: ‘The teachings of Rabbi Eliezer ben Yaakov are few but clean.’ The following was also written in it: ‘Menasheh killed Yeshaya.’”

Rava said that Menasheh the king of Israel justified his killing of Yeshaya (who incidentally was Menasheh’s uncle) because Yeshaya's prophesies contradicted those of Moshe Rabbeinu. Moshe declared that one cannot see HaShem, yet you, Yeshaya, declared that you saw HaShem sitting on His high and lofty throne.

Moshe wondered, “Who is like HaShem our G-d, whenever we call to Him?” whereas you stated, “Seek Hashem when He can be found,” implying that HaShem is not readily available.

Moshe Rabbeinu stated, “I (HaShem) shall fill the number of your days,” which implies that HaShem will not add to ones lifespan, whereas you said to King Chizkiyah, “I (HaShem) will add fifteen years to your life.”

Yeshaya, upon hearing these accusations, said to himself, “I know that Menasheh will not accept my rebuttal of his arguments, and if I respond, I will make Menasheh a wanton killer, as he will feel justified in killing me. (Rather, I will run away.)” Yeshaya then uttered the Name of HaShem and was swallowed by a cedar tree. Menasheh had the cedar tree cut down and when the axe reached Yeshaya’s mouth, Yeshaya was killed, because Yeshaya had declared, “I dwell among a people with impure lips.” These words were not a prophecy from HaShem. Rather, Yeshaya uttered these words on his own, and for this reason he was killed.

The Gemora asks: How can we reconcile the contradictory verses?

The Gemora answers: Yeshaya was able to declare that he saw HaShem sitting on His high and lofty throne even though Moshe had declared that one cannot see HaShem because of the following braisa: All prophets viewed their prophecy through an unclear glass whereas Moshe viewed his prophecy through a clear glass.

The Gemora turns its attention to the second contradiction: When Yeshaya had stated, “Seek Hashem when He can be found,” implying that HaShem is not readily available; that is referring to the prayer of an individual (he can overcome an evil decree only during specific times of the year). Moshe, who wondered, “Who is like HaShem our G-d, whenever we call to Him?” was referring to the communal prayers; they have the ability to overturn an evil decree any time during the year.

The Gemora asks: When during the year will HaShem answer the prayer of an individual?

Rav Nachman said in the name of Rabbah bar Avuha: These are the ten days between Rosh Hashanah and Yom Kippur. (49b)

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