Commentary for Yevamot 65:10

אמר לך ר' חייא כי אתנייה רבי לדידיה תרתי לפטור אתנייה

on the subject. One can well understand why R. Hiyya took an oath. He did it in order to weaken the force<span class="x" onmousemove="('comment',' By his oath he affirmed that R. Simeon is in favour of the lighter course only in the case of a 'comprehensive prohibition' but not in that of 'simultaneous prohibitions'. ');">³⁶</span> of R. Simeon s view.<span class="x" onmousemove="('comment',' Which is known to favour the lighter penalty. ');">³⁷</span> What need, however, was there for Bar Kappara to take an oath? — This is a difficulty. Now according to [the statement of] Bar Kappara. it is possible to explain<span class="x" onmousemove="('comment',' I.e., to reconcile the contradictory statements. v. supra, p. 207. n. 8. ');">³⁸</span> that when Rabbi taught him he was enunciating the opinion of R. Simeon,<span class="x" onmousemove="('comment',' Favouring the lighter penalty. ');">³⁹</span> and that when he taught R. Hiyya he was enunciating the opinion of R. Jose.<span class="x" onmousemove="('comment',' Who imposes the heavier penalty; but R. Hiyya mistook him to be reporting R. Simeon and thus the discrepancy arose. ');">⁴⁰</span> According to [the statement] of R. Hiyya. however,<span class="x" onmousemove="('comment',' Who submitted that the heavier penalty was imposed even by R. Simeon, much more so by R. Jose. ');">⁴¹</span> did Bar Kappara<span class="x" onmousemove="('comment',' Who submitted that Rabbi taught him that the lighter penalty only was to be imposed. ');">⁴²</span> tell a lie?<span class="x" onmousemove="('comment',' He could not have spoken the truth if R. Hiyya's report was at all correct. v. note 6. ');">⁴³</span> R. Hiyya can answer you:<span class="x" onmousemove="('comment',' Bar Kappara did not tell a lie. ');">⁴⁴</span> When Rabbi taught him, he taught him two instances<span class="x" onmousemove="('comment',' The first two-that of a non-priest who performed the Temple service on the Sabbath and that of a priest who had a blemish and performed the Temple service while he was unclean. ');">⁴⁵</span> only where the transgressor is exempt,<span class="x" onmousemove="('comment',' From one of the penalties. ');">⁴⁶</span>

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