Beitzah 37

Yesterday, we read in a Mishnah: And the following are acts that are prohibited on Shabbat and are notable because they are optional, i.e., which involve an aspect of a mitzva but are not complete mitzvot: One may not judge, nor betroth a woman, nor perform ḥalitza, which is done in lieu of levirate marriage, nor perform levirate marriage.

Today’s daf wonders: Why isn’t marriage considered a complete mitzvah?

Nor betroth a woman: The Gemara asks: Why is this categorized as optional, indicating that it is not a full-fledged mitzva? But doesn’t one perform a full-fledged mitzva when he marries? Rashi argues it is a full-fledged mitzvah because he can then fulfill the mitzvah of being “fruitful and multiplying.” The Gemara answers: No, it is necessary for the mishna to categorize it as optional, because it is dealing with a case in which he already has a wife and children, so that he has already fulfilled the mitzva to be fruitful and multiply, and his betrothal of another woman is only an optional act.

Why is this passage my gem (especially when my reaction to reading it is to say “yuck”)? Because it gives us a chance to sit with Rashi and the sages of the Gemara and make an argument. I don’t agree that the reason it’s not considered a full complete mitzvah is because the man is marrying his second wife. Why? Because, I too, have read a lot of Talmud.

In Yevamot 65b, we read:

Yehudit, the wife of Rabbi Ḥiyya, had acute birthing pain from these unusual deliveries. She changed her clothes to prevent Rabbi Ḥiyya from recognizing her and came before Rabbi Ḥiyya to ask him a halakhic question. She said: Is a woman commanded to be fruitful and multiply? He said to her: No. She went and drank an infertility potion.

Women are not commanded to be fruitful and multiply, that mitzvah is only on the man. It’s a general rule that you cannot be commanded to do something that puts your life in danger, so birth is not commanded of women – just something many women want for themselves.

I sit and read with Rashi and argue with him that his argument that it’s a complete mitzvah to marry because then you can so the mitvah of being fruitful and multiplying and say to him: but that only falls on the man. Can marriage really be a complete mitzvah and therefor override the Festival when only half the couple is obligated to reproduce (his world is heteronormative of course)?

This is my gem today as well as we see the battle over reproductive rights begin to rage again in our country. Rav Hiyya’s wife is a great teacher. Are women required to reproduce if they don’t want to? There is certainly a Jewish argument that says it’s up to the woman, and that she is not obligated.