Go to Related Reading
About this book

Yevamot

Babylonian Talmud

About this book
Chapter 62b

Grandchildren are considered like children. This indicates that if one’s children have passed away, he has fulfilled the mitzva to be fruitful and multiply only if they had children of their own, as they are considered like his own children. The Gemara responds: When that baraita is taught it is with regard to completing the required number of children, e.g., if he had only a son, but his son had a daughter, he has fulfilled the mitzva to be fruitful and multiply. The Gemara raises an objection to the opinion of Rav Huna from another baraita: Grandchildren are considered like children. If one of a man’s children died or was discovered to be a eunuch, the father has not fulfilled the mitzva to be fruitful and multiply. This directly contradicts Rav Huna’s statement that one fulfills the mitzva even if his children die. The Gemara concludes: The refutation of the opinion of Rav Huna is indeed a conclusive refutation. § It was taught in the baraita that grandchildren are considered like children. Abaye thought to say that if one’s children die, he fulfills the mitzva to be fruitful and multiply through grandchildren, provided a son was born to his son and a daughter to his daughter, and all the more so if a son was born to his daughter, as his grandchildren take the place of his children in these cases. However, if a daughter was born to his son, no, she cannot take the place of her father. Rava said to him: We require merely fulfillment of the verse: “He formed it to be inhabited,” and there is fulfillment in this case, as the earth is inhabited by his descendants. The Gemara comments: In any event, everyone agrees that if one has two grandchildren from one child, no, he has not fulfilled the mitzva to be fruitful and multiply, even if he has both a grandson and a granddaughter. The Gemara asks: And has he not? Didn’t the Rabbis say to Rav Sheshet: Marry a woman and have sons, as you have not yet fathered any sons, and Rav Sheshet said to them: The sons of my daughter are my sons? This indicates that one can fulfill the mitzva through grandchildren even if he did not have a son and daughter of his own. The Gemara answers: There, Rav Sheshet was merely putting them off. The real reason he did not want to get remarried was because Rav Sheshet became impotent from Rav Huna’s discourse. Rav Huna’s discourses were so lengthy that Rav Sheshet became impotent after waiting for so long without relieving himself. Rabba said to Rava bar Mari: From where is this matter that the Sages stated derived, that grandchildren are considered like children? If we say it is derived from the fact that it is written in Laban’s speech to Jacob: “The daughters are my daughters and the children are my children” (Genesis 31:43), which indicates that Jacob’s children were also considered to be the children of their grandfather Laban, if that is so, does the continuation of Laban’s statement: “And the flocks are my flocks” (Genesis 31:43), indicate that so too, Jacob’s flocks were considered as belonging to Laban? Rather, Laban was saying that you, Jacob, acquired them from me. Here too, with regard to the children, Laban was saying: You acquired them from me, i.e., it is only due to me that you have children. Rather, the proof is from here: “And afterward Hezron went in to the daughter of Machir, the father of Gilead…and she bore him Segub” (I Chronicles 2:21), and it is written: “Out of Machir came down governors” (Judges 5:14), and it is written: “Judah is my governor” (Psalms 60:9). Consequently, the governors, who were from the tribe of Judah, were also called the sons of Machir, who was from the tribe of Manasseh. This must be because they were the children of Machir’s daughter and Hezron, indicating that grandchildren are considered like children. § The Gemara comments: The mishna is not in accordance with the opinion of Rabbi Yehoshua. As it is taught in a baraita that Rabbi Yehoshua says: If a man married a woman in his youth, and she passed away, he should marry another woman in his old age. If he had children in his youth, he should have more children in his old age, as it is stated: “In the morning sow your seed, and in the evening do not withhold your hand; for you do not know which shall prosper, whether this or that, or whether they both alike shall be good” (Ecclesiastes 11:6). This verse indicates that a man should continue having children even after he has fulfilled the mitzva to be fruitful and multiply. Rabbi Akiva says that the verse should be understood as follows: If one studied Torah in his youth he should study more Torah in his old age; if he had students in his youth he should have additional students in his old age, as it is stated: “In the morning sow your seed, etc.” They said by way of example that Rabbi Akiva had twelve thousand pairs of students in an area of land that stretched from Gevat to Antipatris in Judea, and they all died in one period of time, because they did not treat each other with respect. And the world was desolate of Torah until Rabbi Akiva came to our Rabbis in the South and taught his Torah to them. This second group of disciples consisted of Rabbi Meir, Rabbi Yehuda, Rabbi Yosei, Rabbi Shimon, and Rabbi Elazar ben Shamua. And these are the very ones who upheld the study of Torah at that time. Although Rabbi Akiva’s earlier students did not survive, his later disciples were able to transmit the Torah to future generations. With regard to the twelve thousand pairs of Rabbi Akiva’s students, the Gemara adds: It is taught that all of them died in the period from Passover until Shavuot. Rav Ḥama bar Abba said, and some say it was Rabbi Ḥiyya bar Avin: They all died a bad death. The Gemara inquires: What is it that is called a bad death? Rav Naḥman said: Diphtheria. Rav Mattana said: The halakha is in accordance with the opinion of Rabbi Yehoshua, who said that one must attempt to have more children even if he has already fulfilled the mitzva to be fruitful and multiply. § Apropos the discussion with regard to the mitzva to have children, the Gemara cites statements about marriage in general. Rabbi Tanḥum said that Rabbi Ḥanilai said: Any man who does not have a wife is left without joy, without blessing, without goodness. He proceeds to quote verses to support each part of his statement. He is without joy, as it is written: “And you shall rejoice, you and your household” (Deuteronomy 14:26), which indicates that the a man is in a joyful state only when he is with his household, i.e., his wife. He is without blessing, as it is written: “To cause a blessing to rest in your house” (Ezekiel 44:30), which indicates that blessing comes through one’s house, i.e., one’s wife. He is without goodness, as it is written: “It is not good that man should be alone” (Genesis 2:18), i.e., without a wife. In the West, Eretz Yisrael, they say: One who lives without a wife is left without Torah, and without a wall of protection. He is without Torah, as it is written: “Is it that I have no help in me, and that sound wisdom is driven from me?” (Job 6:13), indicating that one who does not have a wife lacks sound wisdom, i.e., Torah. He is without a wall, as it is written: “A woman shall go round a man” (Jeremiah 31:21), similar to a protective wall. Rava bar Ulla said: One who does not have a wife is left without peace, as it is written: “And you shall know that your tent is in peace; and you shall visit your habitation and shall miss nothing” (Job 5:24). This indicates that a man has peace only when he has a tent, i.e., a wife. On the same verse, Rabbi Yehoshua ben Levi said: Whoever knows that his wife fears Heaven and she desires him, and he does not visit her, i.e., have intercourse with her, is called a sinner, as it is stated: And you shall know that your tent is in peace; and you shall visit your habitation. And Rabbi Yehoshua ben Levi said: A man is obligated to visit his wife for the purpose of having intercourse when he is about to depart on a journey, as it is stated: “And you shall know that your tent is in peace, etc.” The Gemara asks: Is this last statement derived from here? It is derived from there: “And your desire shall be to your husband” (Genesis 3:16), which teaches that a wife desires her husband when he is about to depart on a journey. Rav Yosef said: The additional derivation cited by Rabbi Yehoshua ben Levi is necessary only near the time of her set pattern, i.e., when she expects to begin experiencing menstrual bleeding. Although the Sages generally prohibited intercourse at this time due to a concern that the couple might have intercourse after she begins bleeding, if he is about to depart on a journey he must have intercourse with her. The Gemara asks: And how much before the expected onset of menstrual bleeding is considered near the time of her set pattern? Rava said: An interval of time, i.e., half a daily cycle, either a day or a night. The Gemara comments: And this statement that a man must have intercourse with his wife before he departs on a journey applies only if he is traveling for an optional matter, but if he is traveling in order to attend to a matter pertaining to a mitzva, he is not required to have intercourse with his wife so that he not become preoccupied and neglect the mitzva. § The Sages taught: One who loves his wife as he loves himself, and who honors her more than himself, and who instructs his sons and daughters in an upright path, and who marries them off near the time when they reach maturity, about him the verse states: And you shall know that your tent is in peace. As a result of his actions, there will be peace in his home, as it will be devoid of quarrel and sin. One who loves his neighbors, and who draws his relatives close, and who marries the daughter of his sister,⁠ a woman he knows and is fond of as a family relative and not only as a wife,

Texts in conversation

Compare CD 5:7 and Yevamot 62b

Dead Sea Scrolls, Sectarian and Community Texts · Rabbinic

Share:

Summary

The Damascus Document forbids men to marry the daughter of a brother or sister, reasoning that commandments written for men also apply to women. Rabbinic tradition in tractate Yevamot allows a man to marry his sister's daughter.

Passages

CD 5:7

Dead Sea Scrolls, Sectarian and Community Texts · Damascus Document
6 and God left them to him. And they also defile the sanctuary, in that they do not 7 separate according to the Torah, and they lie with a woman who sees the blood of her discharge. And they take, 8 each one, the daughter of his brother and the daughter of his sister. But Moses said, “To 9 your mother’s sister you shall not draw near; she is your mother’s kin.” The rule about forbidden unions is written for males, 10 and women are like them. So if a brother’s daughter uncovers the nakedness of the brother of 11 her father, she is kin. And they also defiled their holy spirit, and with a tongue of
100–80 BCE (scholarly estimate) Read in CD

Yevamot 62b

Rabbinic · Babylonian Talmud
§ The Sages taught: One who loves his wife as he loves himself, and who honors her more than himself, and who instructs his sons and daughters in an upright path, and who marries them off near the time when they reach maturity, about him the verse states: And you shall know that your tent is in peace. As a result of his actions, there will be peace in his home, as it will be devoid of quarrel and sin. One who loves his neighbors, and who draws his relatives close, and who marries the daughter of his sister, a woman he knows and is fond of as a family relative and not only as a wife,
450–550 CE (scholarly estimate) Read in Yevamot

References

“... At Qumran, the practice of uncles marrying nieces is understood to be implicitly condemned by Leviticus 18:13, even though the biblical text does not explicitly state this. Unlike other examples so far, we have a citation formula (“Moses said . . . ”) followed by a verbatim quote of the law in question. And also, for once, we have an explicit methodology. This takes the form of reasoning by analogy. The Qumran author here recognizes gender equality [...] Why does the Damascus Document go out of its way to provide us with such an explicit citation and interpretation? Bernstein notes that explicit textual support is often used in respect of laws that are the subject of dispute between the Qumran community and its opponents. In other words, the more contentious the issue, the more important it is to show that God is on your side. Flavius Josephus tells us that there were a number of uncle-niece marriages during this period (e.g., Jewish Antiquities 12:186–189), particularly in the royal court (e.g., Jewish Antiquities 17:19). There are good reasons for thinking that uncle-niece marriages reflect Second Temple practice, especially among the Pharisees. Permission for uncle-niece marriages is also found in rabbinic texts (Tractate Yevamot 62b–63a). Some scholars go so far as to say that the incest laws are one of the few examples where we see “direct criticism of the halakhic practices of the Pharisees.” Adopting a simple sense reading merely highlights the folly of the opposition. ...”
Jonathan Burnside, God, Justice, and Society: Aspects of Law and Legality in the Bible (New York: Oxford University Press, 2011), 401.

References are not endorsements of their contents. Read each reference in full to understand its author's intentions in using these texts.

Your feedback

CD 5:7 and Yevamot 62b

Leave a comment

Your questions and comments are welcome!

Comments

Glossary

Search the Library