Introduction Chapter six returns to the main style of Mishnah Eduyoth, the recording of traditions transmitted by individual Sages. In the first mishnah Rabbi Judah ben Bava testifies with regards to five things.
Rabbi Judah ben Bava testified concerning five things:
That women who are minors are made to declare an annulment of their marriage; Only a father has the right to marry off his daughter while she is a minor (under 12 ½) and have the marriage considered Biblically valid. If the father is not alive, the mother or brother can marry off the daughter while she is a minor, but the marriage is only Rabbinically valid. Being so, she has a right to refuse the marriage when she reaches majority. If she does so the marriage is annulled and is considered as having never been. This refusal is called “meun”. Occasionally, if it was in the best interests of all parties, the Rabbis instructed the daughter to refuse the marriage. Such an occasion could occur in the following instance. Two brothers, Reuven and Shimon, were married to two sisters who had no father, Leah who was of majority age and therefore arranged her own marriage (her marriage is Biblically valid) and Rachel, whose marriage was arranged by her mother or brother (her marriage is only Rabbinically valid). If Leah’s husband, Reuven, dies she must have levirate marriage with Shimon, Rachel’s husband. The problem is that Rachel’s marriage to Shimon is now impossible because Leah’s tie to Shimon which is Biblical, supersedes Rachel’s marriage which is only Rabbinic. In order to allow Leah to have levirate marriage with Shimon, the Rabbis teach Rachel to refuse their marriage, thereby annulling it.
That a woman is allowed to re-marry on the evidence of one witness; According to the Torah, proper testimony requires at least two witnesses. However, one exception to this rule is the case of a woman whose husband may have died. If she cannot ascertain his death, she cannot remarry, which will leave her an “agunah” a woman who cannot marry. In order to prevent this difficult situation for the widow the Rabbis were lenient and allowed testimony based on only one witness.
That a rooster was stoned in Jerusalem because it had killed a human being; According to Exodus 21:28 an ox that kills a human is to be stoned. Rabbi Judah ben Bava extends this law to include any animal that kills a human, even one as unlikely to do so as a rooster. (See Bava Kamma 5:7).
And about wine forty days old, that it was used as a libation on the altar; New wine is not as good as old, aged wine. The question that is asked is how old must wine be for it to be usable as a libation. Rabbi Judah ben Bava states that forty days is sufficient.
And about the morning tamid offering, that it is offered at the fourth hour. There are two “tamid” offerings which are offered every day, one in the morning and one at twilight (See Exodus 29:39). According to Rabbi Judah ben Bava the morning “tamid” may be offered up until the fourth hour, but not afterwards. (The day is divided into 12 hours, the length of which is determined by the amount of sunlight during the day. During the summer hours are longer than during the winter). In other words, the first third of a day is considered to be “morning”.
Questions for Further Thought:
• Section two: Why were the Rabbis willing to suspend the laws of testimony in order to allow a woman to remarry?