More Discussions for this daf
1. A Kohen Patzu'a Dakah losing his Kedushah 2. A question on Rebbi Shimon's Kal v'Chomer 3. R. Shimon
4. Moavi v'Lo Moaviah 5. Mo'avi v'Lo Mo'aviyah 6. מצרית
7. תוד"ה מנימין 8. נשים המסוללות זו בזו
DAF DISCUSSIONS - YEVAMOS 76

David Goldman asks:

A gute voch. Would you know a source I could read that explains why Yishai, the head of the Sanhedrin, had the sefekos about a female Moavi, I.e. his own grandmother Rus, when surely he knew the halacha just like his own grandfather Boaz, etc.

Thanks

David Goldman

The Kollel replies:

Regarding Boaz, the Maharsha and others on the Daf (77a) already discuss the calculations of Boaz, and why they were perhaps different than the average case. Additionally, I recommend reading through the Rama Mi'Pano's discussion about Yishai's actions in Asara Ma'amaros (Ma'amar Chikur ha'Din 3:10). [I personally find that it is very useful to use the commentary of the Yad Yehudah on the Rama Mi'Pano's commentary.]

All the best,

Yaakov Montrose

(See also the Chidushim on the Torah of Rav Yitzchak Zev Soloveichik of Brisk.- AP)

David Goldman asks:

In any case, once the true halacha was revealed by Boaz, then what place was there for Yishai's safek?

Plus, isn't it surprising that even people such as Doeg and Sheva Ben Bichri did not recognize the psak of Boaz, who had been the head of the Sanhedrin in his day.....??

I was thinking that the doubt of Yishai was not about Moavi against Boaz, but rather whether his son could be fit to be king since his father and he might not be considered achicha, which a king must be, and therefore he did not want to have another child from Nitzeves, I.e. David Hamelech.

The Kollel replies:

Why wouldn't they be considered Achicha if Boaz was correct? If you think it is because a woman who is a Giyores cannot have a descendant who is a king, even if her husband is a regular Jew, this is clearly incorrect. The Kesef Mishnah (Melachim 1:4) says that this is clearly disproven from Rechavam, who was the king after Shlomo, and whose mother was Na'amah Ha'Amonis. This is why the Kesef Mishnah says that the Halachah is that as long as one parent is not a Ger, whether it is the father or the mother, the person is called Achicha. (Some bring a similar proof from Avshalom, who was the son of an Eishes Yefas Toar, and we do not find any objection against him ruling from Achitofel and the others who supported him).

All the best,

Yaakov Montrose

David Goldman asks:

Thank you. However the mystery otherwise is significant. Yishai had some safek yet he was on the Sanhedrin, and Eli. Shmuel and Achiya Hashiloni were all alive, and it was known as a halacha leMoshe meSinai to Avner Ben Ner and Yasra the Ishmaelite. So it would seem inconceivable that Yishai wouldn't know the halacha to avoid all the problems affecting his wife and Dovid!! Unless he had other cheshbonos in nistar.

The Kollel replies:

The Asarah Ma'amaros (Ma'amar Chiur Ha'Din 3:10) that I quoted in my original response addresses these questions. He says that Yishai separated from his wife due to a Midas Chassidus, because the Halachah was being questioned in that generation. It must be understood that since Doeg and Shaul had control of the Sanhedrin, it was quite easy for them to generate a lack of clarity in this matter, and especially among the people who trusted them. Accordingly, in order to stay away from any possible Chilul Hash-m that might be caused, by one of the greatest people of the generation (who never sinned, as stated in Shabbos 55b) doing something that was being openly questioned by the Sanhedrin, Yishai separated from his wife. What clearly ended the discussion was when Yisra Ha'Yishmaeli basically threatened Doeg to stop this discussion with his sword, and the rumors that it was causing, which (when they ended) thereby removed the problem of any Chilul Hash-m.

All the best,

Yaakov Montrose

David Goldman asks:

In addition to Yishai in that Sanhedrin and Yasra were Eli, Shmuel , Achiya Hashiloni and Avner Ben Ner. Despite Doeg these others all knew the truth. One midrash says Achiya told Yishai's wife and the shifcha that Yishai was incorrect....

So presumably the truth would have been accepted, thereby protecting his wife and Dovid from terrible false suspicions until Shmuel anointed Dovid - except of course for Doeg.....

The Kollel replies:

I think that if you read my last answer again, and understand that Doeg and Shaul had influence over public opinion and many others on the Sanhedrin, making it clear that a Middas Chassidus of Chilul Hash-m certainly (or at least very reasonably) applied, as I have stated, the question is fully answered. I have nothing else to add.

All the best,

Yaakov

Meir Zirkind comments:

I would like to indicate from the Gemara Yoma 80a Rabbee Elozor said that one who eats Chelev nowadays has to write down how much he ate - just in case another Bais Din will change the amount. It follows that that it's possible for Boaz's Bais Din to rule that female Amonios are allowed while in the generation of Yishai the Bais Din could change that.