Não se pode desistir da mitzvá da procriação, a menos que ele tenha filhos. Beth Shammai diz: Dois homens, [derivados de Moisés, que se separaram de sua esposa depois que ele gerou dois homens.] E Beth Hillel diz: Um homem e uma mulher, que estão sendo escritos (Gênesis 1:27): "Homem e fêmea Ele os criou. " [E Moisés não pode servir como um precedente, pois agiu por decreto divino.] Se alguém se casou com uma mulher e viveu com ela dez anos sem ter filhos, ele não pode desistir (da mitzvá). [Como encontramos com Abraão. Depois de viver com Sarah por dez anos e não ter filhos, ele se casou com Hagar. O tempo que ele morou com ela fora de Eretz Yisrael não está incluído, pois morar fora da terra pode ter contribuído (para a falta de filhos). E todo o tempo em que um homem ou uma mulher está doente, ou encarcerado, ou em qualquer outro estado em que a coabitação seja impedida, isso não é incluído no período de dez anos.] Se ele se divorciar dela, ela poderá se casar com outro. [Por isso (a falta de filhos) pode ser devida não a ela, mas a ele. E quando ele se divorcia dela, ele lhe dá (a quantidade de) seu kethubah, se ela afirma que isso se deve ao fato de ele "não atirar como uma flecha". E lhe impomos uma proibição se ela souber o contrário e fizer uma alegação falsa contra ele.] É permitido ao segundo viver dez anos com ela. E se ela abortar, ele conta a partir do momento em que ela abortar. A mitzvá de gerar filhos recai sobre o homem e não sobre a mulher [que está sendo escrita (Gênesis 1:27): "Seja frutífero e multiplique ... e submeta-o" ("vekivshuhah"). Está escrito com defeito, sem o vav após o shin (implicando que apenas um está sendo abordado e que a mitzvá da procriação recai sobre o homem, o "subjugador" da mulher.)] R. Yochanan b. B'roka disse: De ambos (homem e mulher) está escrito (Ibid. 28): "E D'us os abençoou, e D'us lhes disse: 'Sejam frutíferos e multipliquem.'" [A halachá não está de acordo com ele.]
Bartenura on Mishnah Yevamot
ב"ש אומרים שני זכרים – that we derive it from Moses who separated from [his] wife afer two males were born to him.
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English Explanation of Mishnah Yevamot
Introduction
Since the previous mishnah mentioned the aylonit, who cannot have children, our mishnah discusses the obligation of procreation.
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Bartenura on Mishnah Yevamot
וב"ה אומרים זכר ונקיבה – as it states (Genesis 5:2): “male and female He created them.” But from Moses, it is not a proof because he acted following the Divine order.
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English Explanation of Mishnah Yevamot
A man shall not abstain from procreation unless he already has children. Beth Shammai says: two males, And Beth Hillel says: male and a female, for it says, “Male and female created he them” (Genesis 5:2). The point that this line in the mishnah is trying to make can be read in two subtly different ways. It may be that the point of the line is to teach that there is an obligation to procreate. In other words, without this directive people may have thought (and in ancient Judaism some sects did think) that God preferred people to be celibate and to forego children. Judaism teaches the opposite. Sexual relations are generally viewed in a positive light and having children is positive commandment. The other way to read the line, is that it is taken for granted that a person is obligated to procreate. The innovation of our mishnah is that a man does not need to keep on having children as long as possible. Once he has had two children, he may desist from procreation. Understanding the line this way, we would have a different view of the mishnah. Although it is still considered a commandment to procreate, a person might fulfill that mitzah with only two children and then devote his life to other things, such as the study of Torah. We should note that in any case, the Talmud teaches that even if a man has children he should remain married for marriage is a preferred state. Beth Shammai holds that a person needs two male children to have fulfilled the requirement. In the Talmud this is learned from a precedent set by Moses, who had two children and then separated from his wife (according to a midrash). From the story of the creation, where man and woman were created together, Beth Hillel learns that a person needs both a male and a female child to have fulfilled the mitzvah.
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Bartenura on Mishnah Yevamot
ושהה עמה עשר שנים וכו' – as we find with Abraham after he tarried with his wife for ten years without her giving birth, he married Hagar and for the days that he lived with her outside the Land [of Israel], the did not count in the number, for perhaps dwelling outside of the land caused it, and all the days that the husband or the wife are sick or are imprisoned and in a similar manner we speak that they prevent sexual intimacy, they do not count to the number of ten years.
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English Explanation of Mishnah Yevamot
If a man married a woman and lived with her for ten years and she bore no child, he may not abstain [any longer from the duty of propagation]. If he divorced her she is permitted to marry another, and the second husband may also live with her for ten years. If she miscarried [the period of ten years] is counted from the time of her miscarriage. This section presents a halakhic ramification to the fact that Jews are commanded to procreate. If a man is married to a woman and for ten years they do not succeed in having children, he must either marry another wife or divorce the first wife and marry another wife. When bigamy was prohibited, only the second option remained. Note that the mishnah is rather lenient. Ten years is a long time to attempt to have children. The mishnah gives the couple the benefit of the doubt. Furthermore, the woman who could not succeed in having children with one man, is allowed to remarry. We might have thought that there would be an assumption of infertility. The mishnah fully realizes that the infertility might have been a problem with the man. Finally, if she has a miscarriage, the ten years begin to be counted again. Although the child was not even born, we have seen that the woman can get pregnant and that perhaps she will someday be able to have a viable child. I should also note, that although this halakhah is still on the books, it is not observed. Even ultraorthodox couples do not divorce if they don’t succeed in having children. The halakhah is simply ignored.
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Bartenura on Mishnah Yevamot
גרשה מותרת לינשא לאחר – for perhaps it was not her, but rather him [who was infertile], and when he divorces her, he gives her the Ketubah settlement if she claims that it is from him [who was infertile] who does not have a spermatic emission which does not shoot forth like an arrow (i.e., does not fructify), and they place an oath upon her if she knows that he does have a spermatic emission which does shoot forth like an arrow , and she makes against him false claim which is a lie.
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English Explanation of Mishnah Yevamot
A man is commanded concerning the duty of propagation but not a woman. Rabbi Yohanan ben Beroka says: Concerning both of them it is said, “And God blessed them; and said to them… “Be fruitful and multiply” (Genesis 1:28). According to the first opinion, only men are obligated to procreate. Rabbi Yohanan ben Baroka says that both men and women are obligated equally. We should note that although the first opinion sounds very chauvinistic, and it somewhat is, not being obligated to have children does free a woman to be more in control over her own reproductive process. Certainly the laws of birth control are more lenient if she is not obligated to have children. There is some excellent secondary literature on this issue. Judith Hauptman has a chapter on the topic in her book, “Rereading the Rabbis”. David Feldman’s book, “Birth Control in Jewish Law” also discusses the topic.
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Bartenura on Mishnah Yevamot
האיש מצווה על פריה ורביה ולא האשה – as it is written (Genesis 1:28): “Be fertile and increase, [fill the earth] and master it,” and [the word] "כבשה" is written without a “VAV.” It is the way for a man to conquer the woman; he is commanded on “being fertile and increase.”
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Bartenura on Mishnah Yevamot
רבי יוחנן בן ברוקה אומר וכו' – But the Halakha is not according to him.
