TTfT 0809, Transcribed, Yevamos16; page 31. We are dealing with the topic called Tzoras Habas, co-wife of a daughter. Our case is a case of Yibum potential where a person died without children and his wife is supposed to get married to a living brother. However, in our case the living brother recognizes that one of the wives of his deceased brother is his daughter. We analyzed it and we realized that, of course, there’s no way that he could marry his daughter.

The question was regarding the co-wives and we discussed that this is an important Machlokes between Beis Hillel and Beis Shamai. Beis Hillel hold that the entire group of co-wives (Litzror) are grouped together and just as the daughter of the living brother is not going to get married to him (as that union is forbiden), likewise the entire group becomes absolved: they cannot do Yibum, and they likewise do not need Chalitza. Beis Shamai, however, hold that there is no “Litzror” grouping of the wives together, and therefore a co-wife that is permitted to the living brother is supposed to either do Yibum or do Chalitza.

This Machlokes, as we discussed in previous sessions, created quite a divergent viewpoint because what Beis Shamai said you’re supposed to do (to marry this wife of your brother) would, according to be Beis Hillel, (who held that the co-wife was absolved) create a Mamzer, as it was a very high level offense and totally forbidden.

The Talmud here describes how in the time of Rabbi Dosa ben Horikinas someone actually permitted such a union and people were doing it. Originally they thought that it was Rabbi Dosa ben Horikinas who permitted it. The Talmud tells us the story of how they confronted him regarding this Halacha.

In the days of Rabbi Dosa ben Horikinas someone permitted the co-wife of a daughter to the brothers to do Yibum. It was very troubling to the Sages of the generation, because Rabbi Dosa ben Horikinas was a tremendous stage, and he was elderly (he no longer could see properly and therefore he no longer attended the Beis Hamedrash/ Study Hall).

So dialogue with him was limited and they couldn’t arrange a debate, so they couldn’t resolve it.

They said, “Who’s going to go to him and tell him that we don’t agree with him and he should stop issuing such a ruling because the majority disagree with him?”

 Rabbi Yehoshua said: I will go.

But they understood that one person going would not be enough to affirm and shore up the clarity of their position that such a union is forbidden.

So they said, “Who else is going to go to support what the first person says?”

Rabbi Elazar ben Azarya would go. And after him who would go?

Apparently they felt they needed a third person. They said Rabbi Akiva would also go.

Rabbi Akiva Eiger points out that as we’ll see in a moment Rabbi Akiva was greater than Rabbi Elazar ben Azarya. Based on Tosfos in Kesubos he says that the reason that Rabbi Elazar ben Azarya was listed first is because he was the Nasi (prince), and so he was a first choice. But Rabbi Akiva was greater as we will see in a moment.

They stood at the opening of the house of Rabbi Dosa. His maidservant went in and announced that he has visitors. She said to him, The Sages of Israel have come to you.” He said to her, “Let them come in.”

They came in. Rabbi Dosa grabbed Rabbi Yehoshua, (apparently he recognized him, and realized his greatness), and sat him on a recliner of gold, a level of prestige honoring his guest.

Rabbi Yehoshua said, “Rebbi, tell your other student that he is also allowed to sit.” (They were standing respectfully.)

Rabbi Dosa asked, “To whom do you refer?”

“Rabbi Elazar ben Azarya” Rabbi Dosa relied, “Is there then a son to Ezarya our colleague?” Rabbi Dosa Dosa was pleased and invited him to sit.

 From Rabbi Dosa’s exclamation of surprise we can see that apparently Rabbi Dosa ben Horikinas was out of touch with what was going on, and was unaware of Rabbi Elazar ben Azarya, even though Rabbi Elazar was a Nasi (prince) and a prestigious and respected person.

Rabbi Yehoshua continued and said, “You have another student here and you should tell him also to sit.” So Rabbi Dosa asked, “Who?” and rabbi Yehoshua said, “Akiva ben Yoseph.” Rabbi Dosa replied, “Akiva ben Yosef whose name is known from one end of the world to the other?!” and he invited him to sit.

 They then started discussing all kinds of Halachos.

Note, that they didn’t immediately confront them with their problem. Eventually, the conversation arrived to the topic of Tzoras Habas (the co-wife of a daughter). They said to him, “What is the halacha?” He replied that it is a Machlokes between Beis Shammai and Beis Hillel. So they asked him, “What is the halachah?” He replied, “We pasken (rule) like Beis Hillel.”

Finally they explained. But we heard in your name that you ruled like Beis Shammai.

Rabbi Dosa asked, “Did you hear ‘Dosa’ or did you hear ‘son of Hurkanos’ ? ”

They replied that they only heard “Son of Hurkanos.”

Rabbi Dosa said, “that explains it. I have a younger brother, whose name is Yonasan. He’s an elite, problematic person. He is one of the students of Beis Shammai, (i.e. he joined that school of thought). You have to be careful with him so that he doesn’t engage you in debate because he has 300 arguments to permit the co-wife of a daughter (300 could be an exaggeration; it means like almost infinite, because the letter Tuf at a numerical value of 400 is the highest conventional gematria).

“But,” Rabbi Dosa continued, “I’m telling you that Chagai the prophet sat and stated the ruling as a tradition from Moshe that the co-wife of a daughter is indeed forbidden.”

Rashi points out what the problem with this younger brother was. He was an enormously talented person who was very sharp and refused to adopt the ruling of the majority.

There is a fascinating story of the Brisker Rov of who had a difficult question in Halacha. He sent the letter to Rabbi Yitzchok Elchonon Spector and he wrote, “Do me a favor and don’t tell me the reason for your ruling. Just give me an answer because if you give me the logic I could argue. But now is not the time to argue. Right now we need a ruling.”

In reflecting on this passage I think that is a big lesson here regarding how to confront someone who you have an issue with. These Rabbis had a serious issue with Rabbi Dosa ben Horikinas. He was ruling against the Sages of the generation. He was out of touch and was permitting something that they thought was totally forbidden. Firstly you see from the detailed story in the Gemara that first you have to engage somebody in conversation. You come to the house. You don’t start screaming. You talk to them, maybe even about the weather. Secondly you need to allow opportunity for clarification. And thirdly, an interesting insight is that they sent a delegation of significant people. If you really disagree with somebody you have to have somebody present who is capable of discussing it with him and refuting him.

In the words of the Satmar Rebbe when he disagreed with Rabbi Moshe Feinstein on the height of a Mechitza: One of the Chassidim wanted to go to Rabbi Feinstein and argue and tell him that the Satmar Rebbe disagrees and holds that the Mechitza is too short. The Rebbe said please don’t go. “I’m afraid that Reb Moshe might engage you in Torah discussion and that we will be in trouble.” If you’re sending a delegation make sure they’re able to hold muster.