Friday, June 22, 2007

Yevamos 51b - Biah of a 9 year old

Rashi explains that reuven who was 9 did biah he would be koneh her, and if she then has biah with shimon (who was also 9) afterward, it would not assur her in reuven. Rashi asks that it should assur her just as any married women that commits adultery should be assur to the first. Rashi's answer doesn't make sense as Tosafos points out.
Tosafos asks specifically on Rashi that it should be similar to a shomeres yaveim that is mezaneh with someone from the street, that she becomes assur to her yevama. See Rashash who does not understand Tosafos question. R' Elchonon (43:1) explains that the yerushalmi says that acc. to abba shaul that biah for beauty results in a mamzer is bec. he holds like r' akiva that chayvei lavin make a mamzer, and when he has biah for beauty it is not a mitzvah of yibum so it is like yevama l'shuk. Similarly, a bias kattan since it can't be koneh mi'doraysa it is like yevama l'shuk which should pasul her. Based on this Tosafos is asking that the biah of Reuven when he is 9 should pasul her to Reuven himself, since it is the equivalent of her being mezaneh with someone from the outside.
Tosafos explains that the reason that the biah with shimon doesn't assur her to reuven is bec. it was not done willingly. However, the Rashba has a novel approach from the Ra'avad to answer the question. Even if the biah of reuven will be koneh her as a yevama, it will not create a state of ishus, since ishus does not apply to a child. Therefore, if she is mezaneh after yibum with reuven, she will not be assur to him.

No comments: