Mishnah Yevamot

m. Yevamot 1:4

Though these [Beth Hillel] forbid and these [Beth Shammai] permit, and these disqualify and these make eligible, Beth Shammai did not refrain from marrying women from [the families of] Beth Hillel, nor did Beth Hillel [refrain from marrying women] from [the families of] Beth Shammai. [With regard to] purity and impurity, which these declare pure and the others declare impure, neither of them refrained from using the utensils of the others for the preparation of food that was ritually pure.

m. Yevamot 6:6

A man shall not abstain from procreation unless he already has children. Beth Shammai says: Two males. And Beth Hillel says: A male and a female, for it says: Male and female He created them (Genesis 5:2). If a man married a woman and lived with her for ten years and she bore no child, he may not abstain [any longer from the duty of procreation]. If he divorced her she is permitted to marry another, and the second husband may also live with her for ten years. If she miscarried, [the period of ten years] is counted from the time of her miscarriage. A man is commanded concerning the duty of procreation but not a woman. R. Yoḥanan ben Berokah says: Concerning both of them it is said: And God blessed them, and said to them, Be fruitful and multiply (Genesis 1:28).

m. Yevamot 16:7–10

7. Said R. Akiva: When I went down to Nehardea to intercalate the calendar, I found Nehemiah of Beth Deli, who said to me, “I heard that in the land of Israel no one permits the wife to marry based on [the testimony of] a single witness except Judah ben Bava.” And I answered him, “That is so.” He said to me, “Tell them in my name: You know that the country is ravaged by soldiers. I have it on testimony from Rabban Gamaliel the Elder that one permits the wife to marry based on the testimony of one [witness].” And when I came and related these things to Rabban Gamaliel, he was pleased by my words and said, “We have found a companion to R. Judah ben Bava.”

8. Rabban Gamaliel was reminded by these words that men were killed in Tel Arza, and Rabban Gamaliel the Elder [permitted] their wives to marry based on [the testimony of] a single witness, and they accepted [the law] to allow women to marry based on the testimony of one witness testifying for another, based on the testimony of a woman, or a woman testifying for a woman, or a male slave or a female slave.

9. R. Eliezer and R. Joshua say: We do not marry a woman based on the testimony of a single witness. R. Akiva said: Not on the testimony of a woman, and not on the testimony of relatives.

10. They said to him, “There was the case of the sons of Levi who went to Tsoar, the city of dates, and one of them became sick on the way, and they left him in an inn. When they came back, they said to the innkeeper, ‘Where is our companion?’ She said to them, ‘He died, and I buried him’”—and they permitted his wife to marry. They said to him [R. Akiva], “And should a priestess not be equal to a [female] innkeeper?” He said to them, “When the innkeeper is trustworthy; the innkeeper produced for them his [the dead man’s] staff and his bag and the Torah scroll he had in his hands.”

Published in: The Posen Library of Jewish Culture and Civilization, vol. 2: Emerging Judaism.

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Mishnah Yevamot 1:4 shows that disputes did not have to lead to an extreme sectarian separatism as long as differences were tolerated. Thus, even though the schools of Hillel and Shammai differed in declaring certain unions valid or invalid and certain items ritually pure or impure, the schools were able to manage their differences and live as one community. Mishnah Yevamot 6:6 illustrates that the rabbis also debated aspects of the obligation to procreate, including whether it fell upon both men and women. Mishnah Yevamot 16:7–10 responds to the concern that, according to the rabbinic interpretation of biblical law, only men were empowered to initiate a divorce. This created difficulties for women whose husbands disappeared. Without a writ of divorce or witness testimony to her husband’s death, a woman was not free to remarry (see Divorce). Mishnah Yevamot 16:7 indicates that in the face of such human suffering, the rabbis were often flexible and lenient.

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