*****PEREK #3 ELU NA'AROS*****
1) [line 1] NA'AROS (KETANAH / NA'ARAH / BOGERES)
A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse she becomes a Bogeres (adult).
2) [line 1] KENAS (ONES)
(a) If a man rapes a girl (between the ages of 12 and 12 1/2) he must pay her father a fine of fifty Shekalim, as stated in Devarim (22:28). This amount is the equivalent of a dowry (Kesuvah). The man must also marry the girl and never divorce her, if the girl wishes to be his wife.
(b) The age mentioned above follows the ruling of Rebbi Meir, who states that a man who rapes a Ketanah (a minor) does not pay Kenas. According to the Chachamim, Kenas must be paid if the girl is between the ages of 3 and 12 1/2 years (Kesuvos 29a).
3) [line 2] MAMZERES
(a) There are prohibited marital relations that invalidate the ensuing offspring and render them Mamzerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).
4) [line 2] NESINAH
(a) In the times of Yehoshua, the Giv'onim (members of the Chivi nation, one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water.
(b) The Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).
5) [line 2] KUSIS (KUSIM)
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of non-Jews. (According to most Rishonim, this means that they decided to treat them like non-Jews l'Chumra, even if they were Geirei Emes. According to the Rambam (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)
6) [line 15] MECHER
A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."
7) [line 16] AD SHE'TIBAGER - until she becomes a Bogeres
8) [line 13] "K'MOHAR HA'BESULOS" - "like the value of the marriage contract of virgins" (Shemos 22:16)
9) [line 22] SHIMON HA'TIMNI - Shimon from Timnas/Timnah, identified with the village Tibnah, located on the road between Beit Shemesh and Yavneh. At the time of Bayis Sheni it was the major city of the district
10) [line 23] SHE'YESH BAH HAVAYAH - a woman upon who Kidushin takes effect
11) [line 28] EIN KIDUSHIN TOFSIN B'CHAYAVEI LAVIN
(a) There are women whom the Torah prohibits to certain men. However, if these men transgress a Torah prohibition and are Mekadesh (betroth) them the Kidushin are valid. Other women are prohibited to the extent that even if the men are Mekadesh them, the Kidushin are not valid.
(b) The Tana'im argue, based upon differing interpretations of the verses of the Torah (Kidushin 67b-68a), with which women Kidushin are valid and with which women Kidushin are not valid.
1. According to most of the Tana'im, Kidushin are valid with women who are prohibited only with a Lav and/or an Aseh. Kidushin are not valid with women who are prohibited with an Isur Kares (such as the Arayos that the Torah prohibits in Parshas Acharei Mos, Vayikra 18:6-23).
2. Rebbi Akiva and other Tana'im are more stringent, ruling that Kidushin are not valid even with those women who are prohibited with an Isur Lav. The Tana'im argue further with regard to the opinion of Rebbi Akiva, as to whether Kidushin are not valid only with some of the Chayavei Lavin (those women who were never permitted to the man in question), or with all of them. Additionally, one Tana claims that according to Rebbi Akiva, Kidushin are not valid with Isurei Aseh either (see "Mamzer," Background to Yevamos 68:5).
(c) Another result of the above-mentioned argument applies to Mamzerim. According to the opinion that rules that only Kidushin with Chayavei Kares are not valid, the children of Chayavei Lavim are not Mamzerim. According to Rebbi Akiva and those Tana'im who rule that Kidushin with Chayavei Lavim are not valid either, the children of Chayavei Lavim are also Mamzerim (see "Mamzer," in the Background to 68:5).
(d) According to all opinions, Kidushin may not be effected with a non-Jewish maidservant or a Nochris, even though the prohibition against marrying them is not a Isur Kares, since the institution of Kidushin does not exist with regard to these women (see Insights to Yevamos 45:1).
12) [line 34] CHILULIN (CHALAL)
(a) The Torah commands a Kohen Gadol not to marry a widow, divorcee, prostitute ("Zonah" -- see Background to Yevamos 59:8) or Chalalah (Vayikra 21:14). A regular Kohen is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah, and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute that has relations with a Kohen Gadol, and a divorcee or prostitute who has relations with a regular Kohen, becomes a "Chalalah." Female children born through such a union are also Chalalos. Also, any Jewish woman who has relations with a Chalal becomes a Chalalah (even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have relations with) a Kohen, the Chalalah and the Kohen are punished with Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has living children from a Kohen normally eats Terumah, if she becomes a Chalalah she may no longer eat Terumah. Similarly, although the daughter of a Kohen normally eats Terumah until she becomes married to a non-Kohen, if she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra 21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and whether the child is a Chalal.
13) [line 35] U'NETZO'ACH - prevail upon
Index to Background for Maseches Kesuvos