Talmud & Birth Control?

Rav Bivi taught a Baraisa before Rav Nachman: Three women may cohabit using a wad (absorbent material to prevent pregnancy). They are: A minor, A Pregnant Woman & a Nursing Woman. A Minor is permitted because she may become pregnant and she may die. A Pregnant Woman is permitted as she may render her fetus a Sandal (a Fetus with a deformation). A Nursing woman is permitted as she may be forced to wean her child and he will die. (The thought was that if she becomes pregnant her body would stop producing milk suitable for her existing child)

[As a general rule, Torah advocates having children and having as many children as possible. Children are considered the greatest source of blessing and who doesn't want more blessing? The Torah enjoins us to be fruitful and multiply and we want to do this to the best of our ability, by having as many children as we are granted by G‑d.

Yet, having said that, there are certain situations when it will be detrimental to a woman's health or emotional wellbeing and she needs the physical break from another pregnancy. That is why we have rabbis who deal with the special circumstances of every individual. And that is why every individual should have a rabbi to whom they can turn. None of us are carbon copies of another, and each of our situations are different. If for some reason a woman or a couple is finding it difficult to have more children this is something that needs to be discussed with a competent and caring Rabbi with whom they can be open and forthright and who can advise them objectively on the Torah's position, specifically for their situation.

It is important to note that even if the circumstances call for a rabbinical dispensation allowing birth control, not all forms of contraception are allowed. The rabbi with whom you consult will certainly advise you in this area as well. -Chana Weisberg for Chabad.org]

- Yevamos 12b

Obey Mom & Dad!

The Torah in Leviticus 18:16 states that it is forbidden for a brother to marry his brother's former wife. However what about the laws of Yibum? (When a man dies childless the Torah Commands that the brother of the deceased, marries his brother's widow as his wife )

The Gemara defines this as "A Positive Commandment overriding a Prohibition".

The Gemara goes on to list other instances:

1) Laws of Shaatnez (Forbidden mixture of Wool & Linen) & Tzitzis (i.e. The garment can be made from linen & the threads of the tzitzis wool)

2) Prohibition of "You Shall not round the corners of your heads" (i.e. forbids the cutting the hair above the temples), However a Metzora (person who has contracted Tzaraas) is required to shave his head.

3) The Mitzvot of the Pesach offering overrides the prohibition of doing labor on Shabbos.

4) The Mitzvot of Circumcision overrides the prohibition of doing labor on Shabbos.

5) The Mitzvot of Honoring one's parents overrides the Sabbath, as the Gemara references: Every man: your Mother & Father shall you revere and my sabbaths shall you observe. (Leviticus 19:3) In other words, if one's father or mother instructs him to do something that involves the desecration of the sabbath (Only in terms of Melachah - forbidden labor), he should follow the parent's instructions because the commandment to honor one's parents would override the sabbath prohibition. Please note however, this does not give parents free reign to have their children desecrate the sabbath, it merely states that if a child is (unfortunately) in the position of choosing, he must obey his parents.


- Yevamos 5 a/b

Intro to Yevamos

(Apologies for the gap and lack of posts... I was away for a week on Business.. Just getting back into the routine. Although I have been keeping up with the Daf [6-hour plane flights sure helped] Getting back into the "schedule" takes a bit of adjustment. Sometimes I feel as if I should take a break and comment on the minutes we need to squirrel away in the day just to keep up with the Daf Yomi cycle. Let alone blog about it :-)

We start a new Mesecta/Tractate (Yevamos) and a new Seder/order (Nashim - The Order of Women). A little background to Yevamos, and some term that will be used in the pages ahead:

Background:
When a man dies childless, his wife is not automatically released from the marriage. Instead the Torah commands that the Brother of the Deceased marries the widow as his wife (Yibum). If not, the act of Chalizah must be performed to release her. (The shoe of the brother is removed by the widow before the court and she spits before him stating; "So should be done to the man who will not build his brother's house". Deuteronomy 25:5-10)

The Torah in Leviticus 18:16 states that it is forbidden for a bother to marry his brother's former wife. When a Man dies with children, or if a man divorces his wife, his brother may not marry her as the Torah defines this as a Ervah (One of the 21 forbidden relationships).

Other Ervah prohibitions remain in effect even under the circumstances of Yibum.

If the man who died had multiple wives and anyone of them was an Ervah to the Yavam (Surviving brother), both the Ervah and her Tzarah (Other wife i.e. co-wife) are released from the Yibum/Chalitzah requirement.


Terms:
Yibum - The Marriage between the Surviving bother and the widow when the deceased is childless

Chalitzah - The procedure which a women, removed the shoe of the surviving brother to release her obligation to marry him

Ervah - One of 21 Forbidden relationships

Yavam - The surviving paternal bother of the deceased

Tzarah - A co-wife, if the deceased had more then one wives

Yevamah - The Widow.