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10 - Bavli and Yerushalmi on Rabbi Dosa and the Sages

Published online by Cambridge University Press:  21 September 2009

Louis Jacobs
Affiliation:
Lancaster University
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Summary

There are two versions of the narrative about R. Dosa b. Harkinas and the Sages; one in the Babylonian Talmud (Yevamot 16a), the other in the Jerusalem Talmud (Yevamot 1:6, 3a–b). It may be fruitful to compare the two versions.

The law discussed in the narrative concerns levirate marriage. There are two brothers A and B. A has two wives X and Y and X is B's daughter. A dies without issue. Now the law is clear that B cannot perform levirate marriage with X since she is his daughter, but can he carry out the duty with Y? According to the House of Hillel, just as there is no levirate marriage with X there is none with Y, the ‘rival of his daughter’ – tzarat ha-bat. (And since there is no obligation Y is forbidden to B as his brother's wife.) But according to the House of Shammai, a ‘rival of a daughter’ is permitted (and there is, consequently, the obligation of levirate marriage).

We can now examine the two versions in English translation.

The Babylonian Talmud version

In the days of R. Dosa b. Harkinas the rival of the daughter was permitted to the brothers [of the deceased]. This ruling was disturbing to the Sages since he [R. Dosa] was a great Sage. But his eyes were dim and he was unable to attend the sessions in the House of Learning. So they said: ‘Who shall go to consult with him?’ Said R. Joshua: ‘I will go.’

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Publisher: Cambridge University Press
Print publication year: 1991

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