Yevamot 105: Don't Get It in Writing

One would not think that a discussion about the intricacies of the laws of chalitzah would lead to a discussion regarding Divine justice. But such is the nature of the Gemara, where one idea flows seamlessly to the next. Torah is one broad subject with manifestations in all areas of life. 

In discussing chalitzah, the Gemara (Yevamot 105a) questions whether a woman who does not have hands may perform chalitzah by removing her brother-in-law's shoe with her teeth. The Gemara further queries, what if the widow spat blood instead of saliva? To answer these questions, the Gemara quotes a verse from Daniel: "But I will tell you that which is inscribed in the writing of truth" (10:21). 

The simple meaning of the proof text is that the truth is to be found in a close reading of the text. And the text says that the woman must remove the man's shoe and must spit--but it does not say how to remove the shoe or what she must spit, implying that any and all methods are acceptable. Yet apparently, such could have been conveyed by stating, "I will tell you that which is inscribed in the writing", with that which is written in the Torah expressing the truth. The addition of the word "truth" as an adjective to "writing" implies there is also Torah writing that is not the truth, an idea that is quite startling, to say the least. "Is there any [Biblical] text that is not true?" our Sages wonder. 

To this, the Gemara answers yes, there are. Man's actions can change that which is written in the Biblical text. When G-d, through one of his prophets, promises that misfortune will befall the Jewish people, such can be averted if we mend our ways. Yet not all decrees can be averted; those accompanied by a solemn oath from G-d cannot be averted. Such was the decree against the House of Eli: "The sons of Eli were base men; they knew not the Lord" (1 Shmuel, 2:17). The prophet explains that they were gluttons who slept with women[1] who came to the Temple, and their descendants were to be cursed. "And therefore I have sworn unto the house of Eli, that the iniquity of Eli's house shall not be expiated with sacrifice nor offering forever" (1 Shmuel 3:17). 

While we moderns are likely to question the theology of punishing the children for the sins of the father, this concern was not raised, at least in our context, by the rabbis. They understood that G-d's ways are beyond human comprehension, and G-d  is not bound by man's justice system that forbids vicarious punishment. They focused not on the decree itself, but on ways to annul the decree. 

Commenting on G-d's oath that sacrifices will not annul the decree, "Rabbah said: It will not be expiated 'with sacrifice nor offering', but it will be expiated with the words of the Torah.  Abaye said: It will not be expiated 'with sacrifice nor offering' but it will be expiated with the practice of loving kindness" (Yevamot 105a).

These teachings were not theoretical. The Gemara notes that both Rabbah and Abbaye were descendants of the house of Eli. "Rabbah, who engaged in the study of the Torah, lived forty years. Abaye, who engaged in the study of the Torah and the practice of loving kindness, lived sixty years". We know not how many years we are granted on this earth, but study and kindness--and study that does not lead to kindness is study without meaning--can extend those years. 

 The Gemara quotes two other times a decree can be annulled. One is through repentance when G-d is near, i.e., between Rosh Hashanah and Yom Kippur. The other, which works all year round, is when the community of Israel joins together in teshuva. There is nothing, not even a divine decree, that can stand in the way of a Jewish community united in holiness. 

 While the end of the discussion regarding Divine decrees may seem far removed from a discussion that began with the laws of chalitzah, such is not necessarily the case. The act of yibum, of marrying someone whom you may not love so that someone else's name "not be blotted out from Israel" (Devarim 25:6) is an act of tremendous chesed, worthy of annulling a divine decree. And while there may be good reasons for choosing chalitzah instead of yibum, the biblical text is rather clear that by choosing  chalitzah, one is foregoing this tremendous act of chesed. "This [removing his shoe and spitting next to him] is to be done to the man who will not build the house of his brother" (Devarim 25:9).  

 When in the spirit of yibum[2], Boaz married Rut, the seeds of the Davidic and messianic dynasty were put into place. As our Sages note (Ruth Rabba 2:14), the book of Rut was only written "to teach how great is the reward of those who do deeds of loving kindness".