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Yevamos 076: Moavi v'Lo Moaviah
Davic1 asks:
A gute voch. Would you know a source I could read that explains why Yishai,
the head of the Sanhedrin, had the sefekos about a female Moavi, I.e. his
own grandmother Rus, when surely he knew the halacha just like his own
grandfather Boaz, etc.
Thanks
David Goldman
----------------------------------------------
The Kollel replies:
Regarding Boaz, the Maharsha and others on the Daf (77a) already discuss
the calculations of Boaz, and why they were perhaps different than the
average case. Additionally, I recommend reading through the Rama Mi’Pano’s
discussion about Yishai’s actions in Asara Ma’amaros (Ma’amar Chikur ha’Din
3:10). [I personally find that it is very useful to use the commentary of
the Yad Yehudah on the Rama Mi’Pano’s commentary.]
All the best,
Yaakov Montrose
(See also the Chidushim on the Torah of Rav Yitzchak Zev Soloveichik of
Brisk.- AP)
Davic1 asked:
>>In any case, once the true halacha was revealed by Boaz, then what place
was there for Yishai's safek?
Plus, isn't it surprising that even people such as Doeg and Sheva Ben
Bichri did not recognize the psak of Boaz, who had been the head of the
Sanhedrin in his day.....??
I was thinking that the doubt of Yishai was not about Moavi against Boaz,
but rather whether his son could be fit to be king since his father and he
might not be considered achicha, which a king must be, and therefore he did
not want to have another child from Nitzeves, I.e. David Hamelech.<<
The Kollel replies:
>>Why wouldn’t they be considered Achicha if Boaz was correct? If you think
it is because a woman who is a Giyores cannot have a descendant who is a
king, even if her husband is a regular Jew, this is clearly incorrect. The
Kesef Mishnah (Melachim 1:4) says that this is clearly disproven from
Rechavam, who was the king after Shlomo, and whose mother was Na’amah
Ha’Amonis. This is why the Kesef Mishnah says that the Halachah is that as
long as one parent is not a Ger, whether it is the father or the mother,
the person is called Achicha. (Some bring a similar proof from Avshalom,
who was the son of an Eishes Yefas Toar, and we do not find any objection
against him ruling from Achitofel and the others who supported him).<<
---
Davic1 asks:
Thank you. However the mystery otherwise is significant. Yishai had some
safek yet he was on the Sanhedrin, and Eli. Shmuel and Achiya Hashiloni
were all alive, and it was known as a halacha leMoshe meSinai to Avner Ben
Ner and Yasra the Ishmaelite. So it would seem inconceivable that Yishai
wouldn't know the halacha to avoid all the problems affecting his wife and
Dovid!! Unless he had other cheshbonos in nistar.
----------------------------------------------
The Kollel replies:
The Asarah Ma’amaros (Ma’amar Chiur Ha’Din 3:10) that I quoted in my
original response addresses these questions. He says that Yishai separated
from his wife due to a Midas Chassidus, because the Halachah was being
questioned in that generation. It must be understood that since Doeg and
Shaul had control of the Sanhedrin, it was quite easy for them to generate
a lack of clarity in this matter, and especially among the people who
trusted them. Accordingly, in order to stay away from any possible Chilul
Hashem that might be caused, by one of the greatest people of the
generation (who never sinned, as stated in Shabbos 55b) doing something
that was being openly questioned by the Sanhedrin, Yishai separated from
his wife. What clearly ended the discussion was when Yisra Ha’Yishmaeli
basically threatened Doeg to stop this discussion with his sword, and the
rumors that it was causing, which (when they ended) thereby removed the
problem of any Chilul Hashem.
All the best,
Yaakov Montrose
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