Today’s daf certainly follows an interesting thought process – it takes us from shish kabobs to having sex with your sister-in-law . . . while she is on her period.
I tell you, the Talmud has it all. Picture the scene:
Rabbi Zeira and Rabbi Shmuel bar Rav Yitzḥak were sitting on the porch of Rabbi Shmuel bar Rav Yitzḥak, and they sat and said: Rabbi Shimon ben Lakish said: If one accidentally confused a spit of leftover sacrificial meat (shish kabob #1), which it is prohibited to eat and which makes one liable to receive the punishment of karet when one eats it intentionally, with a spit of roasted sacrificial meat (shish kabob #2), which is a mitzva to eat, and he ate it, he is liable to bring a sin-offering.
Remember, we cannot eat the paschal offering after midnight but we can still eat the peace offering – so they are asking, what if you confuse the meat?
Now, the meat gets spicey when they bring up rules about having sex with a woman on her period as a point of comparison:
And they further reported that Rabbi Yoḥanan said: If one unwittingly engaged in sexual intercourse with his wife while she was menstruating, he is liable to bring a sin-offering. But if he unwittingly engaged in sexual intercourse with his sister-in-law who was waiting to become his wife through levirate marriage while she was menstruating, he is exempt.
(Quick reminder, is a man died without giving his wife children, his brother is obliged by Torah law to marry her and “come to her” (Deuteronomy 25:5). Therefore, since he mistakenly transgressed while attempting to fulfill the mitzva, he is exempt from bringing a sin-offering.)
The Gemara attempts to determine whether Rabbi Yoḥanan agrees or disagrees with Reish Lakish’s ruling (and therefore this is a good comparison): Some say that all the more so in the first case, where one unwittingly ate a spit of leftover sacrificial meat, Rabbi Yoḥanan would deem him liable to bring a sin-offering, for he did not actually perform a mitzva when he ate the meat, even though he intended to do so. This stands in contrast to the second case, where the person unwittingly engaged in sexual intercourse with his wife while she was menstruating, where he at least performed a small mitzva, as will be explained shortly.
Others say that according to Rabbi Yoḥanan in that case where one ate leftover sacrificial meat, he is exempt from bringing a sin-offering. What is the reason? There, where he had sexual intercourse with his wife while she was menstruating, he is liable, for he should have asked her if she was menstruating, and because he failed to do so he is liable to bring a sin-offering. But here, where he ate a spit of leftover sacrificial meat, he did not have anyone to ask, and so he is not liable to bring a sin-offering.
The Gemara asks: And according to Rabbi Yoḥanan, what is different about one who unwittingly engaged in sexual intercourse with his sister-in-law, in that he is exempt from bringing a sin-offering? Is it that he performed a mitzva, i.e., the mitzva of levirate marriage? If so, then also in the case where he unwittingly engaged in sexual intercourse with his wife while she was menstruating, he performed a mitzva, for he occupied himself in the fulfillment of the mitzva of procreation. The Gemara answers that we are dealing here with a case where his wife is pregnant, such that intercourse cannot lead to procreation.
So she went from menstruating to being pregnant!!!!!! But, is sex only a mitzvah when you’re trying to make a baby?! No – sex is a mitzvah all the time . . .
The Gemara raises another question: Nevertheless, there is the mitzva of the enjoyment of conjugal rights. One of a husband’s marital obligations is to engage in sexual intercourse with his wife at regular intervals (see Exodus 21:10), and this is considered a mitzva. The Gemara answers that we are talking about a case where it is not the time of her conjugal rights.
The Gemara asks further: Even so, didn’t Rava say that a man is obligated to please his wife through a mitzva? That is to say, he must engage in sexual intercourse with her when she so desires, even if it is not the time of her conjugal rights.
Except when she is about to get her period.
The Gemara answers that we are dealing with a case where it was near her expected date of menstruation, when sexual relations are prohibited due to a concern that the woman may already be menstruating or that she may begin to menstruate during the sexual act.
So, why can’t he ask his wife, or his sister-in-law, if she is close to her time of the month? He is too embarrassed to ask:
The Gemara asks: If so, i.e., if they engaged in sexual intercourse near the woman’s expected date of menstruation when he should have refrained from doing so, then even in the case where he had sexual intercourse with his sister-in-law and she turned out to be menstruating, he should also be liable, as the mitzva of levirate marriage does not apply at that time. The Gemara explains that with regard to his sister-in-law, he is still shy [bazeiz] in front of her and uncomfortable asking her whether she is close to her expected menstruation date, whereas with regard to his wife, he is not shy in front of her, and so he should have asked her.
Oh do I love this stuff. Lots to learn. Lots to love.
