Eduyos 1:12-13

Eduyos 1:12

In the following cases, Beis Hillel retracted their opinions in favor of Beis Shammai: if a woman came from overseas and said that her husband died, she may remarry or undergo yibum (levirate marriage). Beis Hillel said that they only heard this law regarding a woman who came from the (wheat) harvest. Beis Shammai said it makes no difference whether she came from the (wheat) harvest, from the olive (harvest) or from overseas; they only mentioned the wheat harvest in the original case because that’s the way the incident happened. Beis Hillel retracted their opinion in this case in favor of Beis Shammai. Beis Shammai say that not only may this woman remarry, she can receive the value of her kesubah, while Beis Hillel say that she may remarry but not receive her kesubah. Beis Shammai questioned that Beis Hillel permit marital relations – which would be a severe transgression if her husband is still alive – but they prohibit the financial matter, which is far less serious. Beis Hillel replied that this is because we see that her husband’s brothers do not inherit his estate based on her word. Beis Shammai pointed out that the text of the kesubah says, “If you marry someone else, you will take what is written for you,” whereupon Beis Hillel retracted their opinion in favor of Beis Shammai.

Eduyos 1:13

If a person is half-servant and half-free, Beis Hillel say he works one day for his master and the next day for himself. Beis Shammai said that that’s just great for the master but it doesn’t really help the man himself seeing that he can marry neither a servant woman nor a free woman. It’s inappropriate to suggest that he shouldn’t marry at all seeing that was world was created for us to fill it up as per Isaiah 45:18, “He created it not to be a wasteland; He made it to be inhabited.” For the general good, they compel the master to free him and the freed servant writes a promissory note for half his value. Beis Hillel retracted their opinion in favor of Beis Shammai.