Yevamos Chart #19
Chart for Yevamos Daf 67a-67b
THE STATUS OF SERVANTS OF A BAS YISRAEL WHO
WAS MARRIED TO A KOHEN, IF THE KOHEN DIED
LEAVING LIVING SONS AND A PREGNANT WIFE
| (A) AVDEI MILUG |
(B) AVDEI TZON BARZEL: HE HAS DAUGHTERS |
(C) AVDEI TZON BARZEL: HE HAS NO DAUGHTERS |
||
| 1 | REBBI YOSI | They do eat Terumah (4) |
They do not eat Terumah (1) |
They do not eat Terumah (1) |
| 2 | REBBI YISHMAEL B'REBBI YOSI (acc. to the Havah Amina) (2) |
They do eat Terumah (4) |
If there are also daughters, the slaves eat Terumah (3) |
They do not eat Terumah (1) |
| 3 | REBBI SHIMON BAR YOCHAI |
They do eat Terumah (4) |
If there are only daughters, the slaves do not eat Terumah (5) |
They do eat Terumah (5) |
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FOOTNOTES:
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(1) This is because of the portion of the servants that is owned by the fetus, on the chance that it is a male and thus inherits a portion of the Avdei Tzon Barzel.
(2) According to the Maskanah, Rebbi Yishmael holds exactly like his father, Rebbi Yosi (row 1 above), and is not a separate opinion.
(3) This applies when the Kohen dies leaving only a small amount of property bequeathed to his children (i.e., only a bit more than enough for marrying off his daughters). The servants may eat Terumah regardless of what the fetus is: if it is a male, it does not inherit any of the property when the property is minimal since the daughters receive it all, and if the fetus is a female, a female does not receive inheritance where there are sons (and the Chachamim did not enact that an unborn female receive the property in a case where there is a only small amount of property).
(4) This is because the servants belong to the woman, and she eats Terumah because of her son or sons.
(5) This is because of one of two reasons:
1. When there are sons, we are not concerned for the Mi'ut, the minority possibility, that the fetus will be a healthy male. We assume that it will be either a female or a stillborn, in which case it does not inherit with the living sons. But when there are only daughters, the fetus invalidates the servants from eating Terumah in either case. Whether the fetus is male or whether it is female, it inherits a portion of the servants (since there are no brothers, only sisters).
2. Beis Din rectifies the situation (to enable the servants to eat Terumah) by designating an overseer ("Apotropus") for the fetus who will take for the fetus property other than the servants, as its portion of the inheritance. This leaves the servants in the hands of the living children. This tactic cannot be done when the siblings other than the fetus are only daughters, however. In that case, the fetus -- if it is a male -- inherits everything mid'Oraisa, and there is no way to choose for him a portion other than the servants. (According to this explanation, the wording of the Beraisa, "perhaps the fetus will be found to be a male," is very appropriate. The reason why it is not possible to designate an overseer to choose what property the fetus will receive is only because the fetus might be a male.)