Revach L'Neshama http://revach.net/ RSS feed for - Section: DAF YOMI Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Tue, 24 May 2016 03:00:00 -0700 240 Kidushin 75 - SUMMARY The Tana Kama holds that everyone who is Pasul to intermarry with the Kahal invalidates a woman from Kehunah with Bi’ah including a Mitzri Sheni R. Yosi holds that a Mitzri Sheni doesn’t invalidate a woman from Kehunah because his children are Kosher to intermarry with the Kahal. R. Shimon Ben Gamli'el holds that a Ger Amoni or Mo’avi doesn’t invalidate a woman from Kehunah because the daughters are Kosher, however R. Yosi disagrees. Only an Amoni and Mo’avi are forbidden to intermarry with the Kahakl but an Amonis and Mo’avis are permitted. Everyone agrees that an Almanas Isah (a widow who was married to a Safek Chalal) is Pesulah for Kehunah If an Arusah is pregnant it is a Machlokes between Rav and Shmu’el whether the child is a Mamzer or a Shtuki. If a woman is pregnant and she claims that the father of the child is a Kohen (i.e. of Kosher lineage), R. Gamli’el and R. Eliezer say that she is believed while R. Yehoshuah disagrees. R. Eliezer says that a Kusi may not marry a Kusis. (1) A Ger after ten generations may no longer marry a Mamzeres, while some say that after the name of Avodah Zorah is forgotten from them they may no longer marry a Mamzeres. (2) R. Akiva holds that a child born from a non-Jewish father and a Jewish mother is a Mamzer. (3) R. Yishma’el holds that if a non-Jew or a servant has relations with a Bas Kohen or Bas Levi or Bas Yisra’el she is Pesulah for Kehunah. (4) Ba’is Shamai holds that a Tzaras Erva whose husband died without children must do Chalitzah or Yibum and Bais Hilel holds that the Mitzvah of Yibum doesn’t apply to a Tzaras Erva. Both Ba’is Shamai and Bais Hilel agree that only someone born from a Chiyuv Krisus is a Mamzer. (5) R. Yishma’el holds that Kusim were not real Ge’irim since they only converted because they were being eaten by lions and the Kohanim who intermarried with them were Pasulim. R. Akiva holds that Kusim were sincere Ge’irim and the Kohanim who intermarries with them were Kosher.
 
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1. Because a Kusi is a Safek Mamzer and R. Eliezer holds that a Safek Mamzer may not marry a Safek Mamzeres 2. Because after a while it is no longer well known that he is a Ger and if he marries a Mamzeres people may think that it is permitted for a Yisra’el to marry a Mamzeres. 3. R. Akiva holds that a child born from a Chayavei Lav is a Mamzer 4. R. Yishma’el disagrees with R. Akiva that the child is a Mamzer because according to R. Akiva the child is a Mamzer so it is obvious that the woman is Pesulah to Kehuanh 5. Therefore if a Tzaras Erva follows the opinion of Ba’is Shamai and does Yibum the children are Mamze’irim according to Bais Hilel since she married her deceased husband’s brother which is an Isur Krisus when Yibum doesn’t apply, however those that do like Bais Hilel and remarry without Chalitzah the children are not Mamze’irim even according to Ba’is Shamai because it is only an Isur Lav for a Yavamah to remarry without Chalitzah.

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Kidushin 75 - INSIGHTS CHALAL AND BAS YISRA’EL The Tana Kama learns out that just like a Kohen Gadol and widow is a forbidden Bi’ah and the woman is invalidated from Kehunah, so too every time there is a forbidden Bi’ah the woman is invalidated from Kehunah. The Maharshah asks that a Chalal who married a Bas Yisra’el it is not a forbidden Bi’ah and even so she is invalidated from Kehunah. The Maharshah answers that a Chalal who married a Bas Yisra’el is not learned out from a Kohen Gadol who married a widow, it is a learned out from a different Pasuk and therefore even though the Bi’ah is not an Ave'irah she is invalidated from Kehunah.

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Kidushin 75 - HALACHA SAFEK MAMZER A Mamzer may marry a Mamzeres if they are both definite Mamze’irim, but if one is definite and one is a Safek or if both are a Safek they are forbidden to each other because maybe one of them is a Mamzer and the other is not. What is a Safek Mamzer? If the father had relations with a woman who was Safek Mekudeshes or Safek Megureshes. (Shulchan Aruch EH 4:24)

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Kidushin 75 - LAMDAN A Ger after ten generations may no longer marry a Mamzeres, while some say that after the name of Avodah Zorah is forgotten from them they may no longer marry a Mamzeres. Is the amount if tine that it takes for the name of Avodah Zorah to be forgotten longer or less than ten generations? Author’s Comment on Lamdan The Tosfos Rosh answers that the father claims that at the time he married her he was unaware that she a divorcee and he only became aware of it later on and therefore he is not making himself into a Rashah.

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Kidushin 74 - SUMMARY If two people give money to a person who is selling an object and we don’t know which one gave it with the Da’as of the seller and which one gave it against his will, the seller is believed as long as the object is still in his hands. A judge is believed to say which Baal Din was Zocheh and which one was Chayav as long as the Baalei Dinim are still standing in front of him A midwife is believed in the immediate aftermath of the birth to say which one of the twins is the Bechor, for the next seven day the mother is believed and after that only the father is believed. R. Yehudah says that just like a father is believed to say which one of his sons is a Bechor he is also believed to say that his son is the son of a divorcee or a Chalutzah and is Pasul for Kehunah. (1) If a woman is pregnant and she claims that the father of the child is a Kohen (i.e. of Kosher lineage), R. Gamli’el and R. Eliezer say that she is believed while R. Yehoshuah disagrees. (2) It is a Machlokes if according to R. Gamli’el and R. Eliezer only the woman is Kosher for Kehunah, but the daughter who is born is Pesulah for Kehunah. (3) R. Eliezer holds that a Safek Mamzer may not marry a Mamzeres and she also may not marry a Safek Mamzeres. R. Gamli’el and R. Eliezer only believe the woman if she is a place that most of the residents are Kosher, but Abba Shaul holds that we believe her even in a place where most of the residents are Pesulah. R. Shimon Ben Yochai holds that a Kohen may marry a Giyorers who converted at less than three years old. R. Eliezer Ben Ya'akov holds that Kohen may not marry the daughter of a Ger who marries a Giyores. R. Dustai Bar Yehudah holds that the daughter of a Chalal who married a Bas Yisra’el is not a Chalalah and she is permitted to a Kohen A Kohen may marry the daughter of a Ger who married a Bas Yisra’el. R. Akiva holds that a child of a Chayavei Lav is a Mamzer Shimon ha’Teimani says only a child of Chayavei Krisus is a Mamazer, while R. Yehoshuah holds that only a child of Chayavei Misas Bais Din is a Mamzer The Tana Kama holds that everyone who is forbidden to marry into the Kahal may intermarry with each other including a Ger Amoni or Mo’avi. Even though R. Yehudah holds that a Ger may not marry a Mamzeres he agrees that a Ger Amoni or Mo’avi may marry a Mamzeres because they are forbidden to marry a Bas Yisra’el A Ger Amoni, Moavi Mitzri, or Adomi, or a Kusi, Nasin, or Chalal who is Bo’el a Kohen Leviyim or Yisra’elis she is Pesulah for Kehunah R. Yosi says that anyone whose children are Pasul invalidate a woman from Kehunah. (4)
 
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1. The Chachamim argue and they say that the father is only believed to say that his son is a Bechor, but he is not believed o say that he is a Chalal. 2. According to R. Gamli’el and R. Eliezer we believe her that the father is of Kosher lineage and we don’t assume that she had relations with someone who is forbidden to her and invalidates her from Kehunah 3. According to one opinion we only believe her regarding her own Kashrus because she has a Chezkas Kashrus but not regarding the Kashrus of her daughter because the daughter does not have a Chezkas Kashrus. 4. R. Yosi holds a Mitzri Sheni does not Pasul a woman from Kehunah because his children are permitted to intermarry with the Kahal.

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Kidushin 74 - INSIGHTS CLAIM OF THE JUDGE A judge is believed to say which Ba’al Din was Zocheh and which one was Chayav as long as the Ba’alei Dinim are still standing in front of him but once the Ba’alei Dinim are no longer standing in front of him he is not believed. However that which the judge is not believed is only if there was only one expert judge who judged the case alone, or if the Ba’alei Dinim made up among themselves to accept the decision of an individual judge. In these case since the judge is only one individual he is not believed if the Ba’alei Dinim are no longer standing in front of them. However if there are two judges or more, the judges are always believed even if the Ba’alei Dinim are no longer standing in front of them. Even if two witnesses testify differently the judges are believed even more than the witnesses. (Tur)

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Kidushin 74 - HALACHA ROV KASHRUS If a woman had relations and she claims that the Bo’el is a Kosher person she is believed and not only that but even if she is pregnant she is believed that the father is a Kosher person and she is Kosher for Kehunah along with her daughter. However, she is only believed if the place of the Bi’ah was at a crossroads, or in the a caravan out in the field where everyone passes by and most of the passersby are Kosher and most of the city where the passersby come from are Kosher people because the Chachamim instituted a Ma’aleh for Yuchsin and require two majorities. But if most of the passersby are Pasulim such as Kusim or Maze’irim even if most of the people from the place where they came from are Kosher or vice versa we are concerned for the possibility that she is had relations with someone who is Pasul and she may not marry a Kohen l’Chatchilah but b'Dieved if she marries a Kohen she may stay with him. (Shulchan Aruch EH 6:17)

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Kidushin 74 - LAMDAN Why is the father believed that his son was born from a divorcee and is a Chalal according to R. Yehudah. Since it is forbidden for a Kohen to marry a divorcee with his admittance he is making himself into a Rashah and we do not believe someone to make himself into a Rashah. Author’s Comment on Lamdan Tosfos Rabbeinu Peretz answers that since the three women were asleep it is not regarded as a Reshus ha’Rabim.

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Kidushin 73 - SUMMARY R. Yosi holds that a Get is not regarded as part of the Kahal and may marry a Mamzeres while R. Yehudah argues A Ger, a freed servant and a Chalal may marry a Bas Kohen because Keshe’iros (Bas Kohanim) are not prohibited from marrying Pasulei Kehunah. Anything that is stationary is regarded as half and half and we don’t follow the majority A Safek Mamzer may marry a Yisra’elis and also a Mamzeres. Min ha'Torah a Shtuki (someone who doesn’t know who his father is) may marry both a Mamzeres and a Yisra’elis, however the Rabanan decreed that a Shtuki may not marry a Yisra’elis. (1) A Shtuki may marry a Shtukis and a Bas Shtukis even mid'Rabbanan Min ha'Torah an Asufi (someone who doesn’t know who his parents are) may marry a Yisra’elis however the Rabanan decreed that an Asufi may not marry a Yisra’elis. (2) An Asufi may marry an Asufis and a Bas Asufi. If a circumcised child is found in the market he is not an Asufi. (3) If a child who is found in the market was well taken care or an amulet was found on him he is not an Asufi. If a child was found in a tree, if he is within reach of a wild animal he is an Asufi, but if not he is an Asufi. If a child was found in a Bais Kneset outside the city in a place that is frequented by the public he not an Asufi but if it is not frequented by the public he is an Asufi. If a child was found in a pit for animal fodder, or in the side of the river, or in the Reshus ha’Rabim he is an Aufii If a child was found in the middle of the river or on the side of the Reshus ha’Rabim he is not an Asufi If a child has not yet been picked up from the market the father and mother are believed that he is their child, but once he is picked up they are no longer believed. Rava says that if it is a time of famine they are believed to say that it is their child even after he is picked up from the market. A midwife is believed to say which one of the twins is the Bechor but once she walks out of the room she is no longer believed according to the Tana Kama. R. Eliezer holds that once the midwife turns her face she is no longer believed. If three women are sleeping in one bed and blood is found underneath one of them they are all Tamei . If one of the women checked herself and found that she is Tamei only she is Tamei and the other two women are Tahor. (4) If a number of women give birth in the same place the midwife is believed to say this child is the Kohen, this child is the Levi, this child is a Mamzer and this child is a Nasin. (5) A seller is believed to say that he sold the object to one person and not the other, but he is only believed while the object is still in his hands.
 
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1. He is permitted Min ha'Torah to marry a Yisra’elis because a Safek Mamzer may marry a Yisra’elis. 2. An Asufi is a Safek Mamzer because it is possible that the mother was an Arusah who was Mazaneh or an E'ishes Ish who was Mazaneh when her husband traveled overseas, however it is also possible that she was unmarried or she threw the child away because she did not have money to feed him. Consequently he is a Safek Mamzer and Min ha'Torah a Safek Mamzer may marry a Yisra’elis 3. If he was a Mamzer they would not have circumcised him. 4. R. Chisda says that this is only the case if she checked herself immediately. 5. However, if a Kol goes out that one of the children is a Mamzer she is not believed.

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Kidushin 73 - INSIGHTS A THROWN CHILD The Gemara states that an Asufi is a Safek Mamzer because it is possible that the mother was an Arusah who was Mazaneh or an E'ishes Ish who was Mazaneh when her husband traveled overseas. Tosfos asks that the Gemara implies that if we knew for a fact that the mother was an Arusah or an E'ishes Ish whose husband traveled overseas the child is definitely a Mamzer and yet the Gemara states that an Arusah who is found to be pregnant the child is Kosher. The child of an E'ishes Ish whose husband traveled overseas should also be Kosher because maybe he came back from overseas very quickly by using the Shem Hashem. Tosfos answers that when a child was thrown away it is very suspicious and if we know for a fact that the mother was an Arusah it is certain that the child is a Mamzer. Regarding an E'ishes Ish we only assume that the husband arrives by using the Shem Hashem if she makes that claim, but if she doesn’t we assume that is what happened that ho was Mazaneh when her husband traveled overseas.

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Kidushin 73 - HALACHA AN ASUFI An Asufi who was picked up from the market is a Safek Mamzer if there is no evidence that he was not thrown away in order that he shall die. But if there is evidence that he was thrown away with the purpose that he shall remain alive whether the evidence is from his body, such as that he was found circumcised or he was well taken care of, or there was an amulet hung from his neck, or there was evidence from the place that he was found, such as that he was found in a place that the public frequents. or he was found in a tree in a place that he can’t be reached by wild animals and it is close the city, or he was found in a Bais Kneset that is close to the city, or at the side of the Reshus ha’Rabim, in all of these cases he is not an Asufi since an effort was made to safeguard the child and he must have been thrown away only because of a famine. (Shulchan Aruch EH 4:3)

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Kidushin 73 - LAMDAN If three women are sleeping in one bed and blood is found underneath one of them they are all Tamei. Why are they Tamei? Three people are regarded as a Reshus ha’Rabim and a Safek Tum'ah in Reshus ha’Rabim is Tahor! Author’s Comment on Lamdan The Aruch says that just as Teche’iles is the best if all the cloths so too the land of Chevel Yama is the best land in Bavel.

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