[Avodah] yibum (was:Tamar's theatrics)

[T613K at aol.com]

From: "Simi Peters" _familyp2 at actcom.net.il_ 
(mailto:familyp2 at actcom.net.il) 
l

>> See the Malbim's commentary on Torah on the mitzva of  yibum.  He 
distinguishes between a yibum-like custom that pre-dated  matan Torah 
(Yehuda 
and Tamar), the mitzva of yibum after matan Torah, and  hakamat shem 
be'nahala (Rut and Boaz). <<

Kol tuv,
Simi  Peters 

 
>>>>
I haven't looked at Malbim there but I did assume that the people of Canaan 
 must have had some yibum-type laws or customs.  I still wonder, though,  
under which law did Yehuda condemn Tamar to death (and to death by  burning)? 
 
 
Rashi says Tamar was subject to death by burning because she  was the 
daughter of a kohen (Shem) but Shem was not a Jew, he was a  pre-Jew, and even if 
he kept the Torah voluntarily, surely the Torah was not  binding on him or 
his children.  So surely you couldn't condemn them to  death under Torah 
laws that they kept only voluntarily.
 
Under Noahide law is there a law of yibum?  Is a widow awaiting yibum  
guilty of adultery if she has relations with another man -- under Noahide  law?  
Surely not.  
 
Yet if all this is happening under Jewish law, then how can a father-in-law 
 do yibum?  That must be OK under Noahide law or custom, not Jewish  law.  
 
But then we come back to, is a widow awaiting yibum subject to the death  
penalty under Noahide law?  I conclude that Yehudah sentenced Tamar to  death 
under Canaanite law of the time -- not Noahide law.  
 
I know this subject has been much discussed by our meforshim.  I can't  
claim to have studied the issue exhaustively but the answers that I have seen  
have not been fully satisfying.
 
 


--Toby Katz
==========



-------------------- 




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20101130/9d2ab0ea/attachment-0002.htm>