Daf Yomi - Yevamos 65 - Highlights

It was taught in a braisa: If a woman was married to one husband and she did not bear him children, and to a second one and she did not bear him children, she should not be married to a third, unless he already has children. If she went and married another man, he is required to divorce her without paying her kesuvah (provided that he didn’t know of her situation). (65a)

The Gemora inquires: What is the law if she married a third husband and did not have children with him either? Can the first two husbands demand from her to refund the kesuvah money that they paid her? Can they claim, “It is now revealed conclusively that it was on your account that we didn’t have children (the marriage will retroactively be annulled and you must refund the kesuvah money)”? Or perhaps she can counter, “I have now become too weak to conceive (but perhaps when we were married, you were the cause).”

The Gemora rules: It is logical to say that she can claim: “I have now become too weak to conceive,” and therefore she would not be required to refund the kesuvah money. (65a)

The Gemora inquires: What is the law if she married a fourth husband and had a child with him? Can she demand her kesuvah money from the third husband?

The Gemora rules: We say to her: “Your silence is better for you than your speech,” for the third husband can tell her, “If I would have known that you are capable of conceiving, I would never have divorced you (this would invalidate the divorce, and the children born with the fourth husband would be mamzeirim).

Rav Pappa asks: Even if she is quiet, can we remain quiet? It emerges that the husband divorced her under a false pretense, which would invalidate the divorce, and the children born with the fourth husband would be mamzeirim. Rather, Rav Pappa rules that we say she has only now become healthy (and the third husband is not required to pay). (65a)

The Gemora inquires: If the husband claims that they are childless because of her (and this claim (if undisputed) would result in her losing the kesuvah), and she counters that it is because of him, what is the halacha?

Rabbi Ami rules: She is believed regarding private matters that are between him and her. Why is she believed? She is certain if his semen shoots like an arrow (and is thus capable of fertilization), whereas he does not know conclusively if his semen shoots like an arrow. (65a)

The Gemora inquires further: If the husband claims, “(I want to delay paying you the kesuvah for) I will marry another wife, and I will test myself if I am truly infertile,” is the wife obligated to accept this arrangement?

Rabbi Ami rules: Even in this case, he is required to divorce her and pay the kesuvah immediately. The reason is because one who marries a second wife (against the will of the first wife) must divorce the first wife and pay her kesuvah.

Rava disagrees, and maintains that a man may marry many women (even against the will of the first wife), as long as he has the ability to support them all (and therefore he is not required to pay the kesuvah money until it has been determined if he is fertile or not). (65a)

The Mishna had stated: If during the marriage she miscarried, the ten years should be counted from the time of the miscarriage.

The Gemora inquires: If the husband claims, “You have miscarried during the ten years that we were married (and I am not required to divorce you yet),” and she counters, “I have not miscarried,” whom do we believe?

Rabbi Ami rules: Even in this case, she is believed, for if she indeed miscarried, she would not want to conceal this fact, which would establish herself (if concealed) as a barren woman. (65b)

The Gemora rules: If a woman miscarries, and miscarries a second time, and miscarries a third time, she is established as a woman who miscarries (the husband is required to divorce her, and pay her kesuvah money).

If the husband claimed that she miscarried two times, and she claims that she has miscarried three times, Rabbi Yitzchak ben Elozar said: An incident like this came to the Beis Medrash, and they ruled that she is believed, for if the truth was that she did not miscarry a third time, she would not want to establish herself as a woman who gives birth to stillborn children. (65b)

The Mishna states: A man is obligated in the mitzvah of procreation, but not a woman. Rabbi Yochanan ben Berokah said: (They are both commanded) Regarding both of them, the torah states [Breishis 1:28]: And God blessed them and God said unto them, “Be fruitful, and multiply.” (65b)

The Gemora cites two opinions as to the Scriptural source for the opinion that only the man is obligated in the mitzvah of procreation, but not the woman. (65b)

Rabbi Ila said in the name of Rabbi Elozar the son of Rabbi Shimon: Just as it is a mitzvah to say words of rebuke which will be heard and accepted, so too it is a mitzvah to not say something which will not be heard and accepted.

Rabbi Abba said: It is an obligation not to rebuke someone who won’t accept the message as it written [Mishlei 9:8]: Don’t rebuke a scorner lest he hate you; rebuke a wise man, and he will love you. (65b)

Rabbi Ila said in the name of Rabbi Elozar the son of Rabbi Shimon: It is permitted for a person to alter the truth in the interest of peace. This is derived from the verses in Breishis (50: 15 – 17) which occur immediately after the death of Yaakov. And they sent a message to Yosef saying: “Your father commanded before he died, saying: ‘So you shall say to Yosef: Please forgive now the transgression of your brethren, and their sin, for they did to you evil . . .’” (The brothers modified the words of Yaakov in this matter for they were concerned that Yosef would avenge himself for the suffering that they had caused him.)

Rabbi Nosson said: It is a mitzvah for a person to alter the truth in the interest of peace. This he derives from the verses in Samuel I 16:2. (Hashem commanded Shmuel to anoint David as successor to King Shaul.) Samuel said, “How can I go? If Saul hears it he will kill me.” And Hashem said, “Take a heifer with you and say, I have come to sacrifice unto the Lord.”

The academy of Rabbi Yishmael taught the following braisa: Great is peace, for even the Holy One, blessed is He, modified a statement for the sake of peace. It is written (regarding Sarah's reaction to the prophecy that she would bear a son) [Breishis 18:12]: “My husband is old,” while afterwards it is written (as Hashem reports Sarah's reaction to Avraham) [ibid: 13]: “Why is it that Sarah laughed saving, ‘Shall I bear a child, though I am old?’” (65b)

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