POINT BY POINT OUTLINE
THE YISRAEL SHIMON HA'LEVI TURKEL MASECHES KIDUSHIN
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) WHEN IS ONE WITNESS BELIEVED? (cont.)
(a) (Abaye): If Reuven told Shimon 'a man had Bi'ah with your ox' and Shimon was silent, Reuven is believed (to disqualify the ox from being a Korban).
(b) Support (Beraisa): If one witness testified that an animal had Bi'ah with or killed a person, or the owner says this, he is believed.
1. Question: What is the case of one witness?
i. It is not the owner, for this was taught separately!
2. Answer: Rather, the owner was quiet.
(c) It is necessary to teach all three cases.
(d) Had we taught only about Chelev, one might have thought that there one would not be silent unless he really transgressed (for we will force him to bring a Chatas, which is forbidden if he did not sin), but he might be silent when told that his food is Tamei, since he can eat it when he is Tamei (without any loss);
1. Had we taught only about Tum'ah, one might have thought that there silence is an admission, for one prefers to eat his food when he is Tahor, but he might be silent when told about bestiality with his animal, since he does not plan to offer all his animals for Korbanos;
2. We learn that in all cases the witness is believed (Rashba; Rashi - Shimon's silence is an admission; Tosfos - his silence shows that he knows supporting evidence, so he relies on the witness).
2) IS ONE WITNESS BELIEVED ABOUT ERVAH?
(a) Question: If Reuven told Shimon 'your wife was Mezanah (forbidding her to you)' and Shimon was quiet, what is the law?
(b) Answer #1 (Abaye): Here also, Reuven is believed.
(c) Answer #2 (Rava): He is not believed. Matters of Ervah (Kidushin, divorce, and adultery) require two witnesses.
(d) Support (Abaye, for himself): A blind man (Levi) used to learn in front of Shmuel. One day, he was late. They sent a messenger to get him. During this time, Levi came on a different path. The messenger returned and said that Levi's wife was Mezanah.
1. Shmuel (to Levi): If you believe the messenger, you must divorce her. If not, you need not.
2. Suggestion: 'You believe' means that you do not think that he is a thief (i.e. a wanton liar).
(e) Rejection (Rava): No, it means if you trust him like two witnesses, you must divorce her.
(f) Support (Abaye, for himself): Once, King Yanai was very happy after conquering 60 cities. He invited Chachamim to a banquet of vegetables, to commemorate those who built the second Mikdash (they were very poor).
1. Eliezer ben Po'ira (a lowlife, to Yanai): Chachamim detest you!
2. Yanai: How can I know?
3. Eliezer: Wear the Tzitz (the Kohen Gadol's head-plate) and see their reaction.
4. Yanai did this.
5. Yehudah ben Gedidyah (a Chacham): King Yanai, it suffices that you are king. Do not presume to be a Kohen.
i. Yanai was not considered a Kosher Kohen, for people said that his mother was captured (before Yanai was conceived, disqualifying her to Kehunah). The matter was investigated, and it was not found (to be true).
ii. Chachamim angrily left the banquet.
6. Eliezer: King Yanai, a commoner may bear such indignity, but not you, a king and Kohen Gadol!
7. Yanai: What should I do?
8. Eliezer: Kill them!
9. Yanai: What will happen to Torah?
10. Eliezer: The Sefer Torah will remain for anyone who wants to learn.
i. (Rav Nachman bar Yitzchak): At this point, Yanai became a heretic. He should have countered 'what will happen to oral Torah?'
11. Yanai killed (virtually) all the Chachamim. The world was desolate until Shimon ben Shetach restored Torah to its greatness.
12. Question: (People said that his mother was captured, but it was not found.) What was the case?
i. Suggestion: Two witnesses said that she was captured, and two said that she was not.
ii. Rejection: If so, why would we rely on the latter ones (and say that it was found to be false)?
13. Answer #1: Rather, one witness said that she was captured (and two contradicted him).
i. (Summation of Abaye's support): Had two witnesses not contradicted him, one witness would have been believed!
(g) Rejection (Rava): Really, two witnesses testified that she had been captured;
1. Answer #2 (to question 12): The case is, the first witnesses were Huzmu (the latter witnesses testified that the first witnesses were not present at the time and place they claimed to have seen the testimony), therefore we rely on the latter ones.
2. Answer #3 (R. Yitzchak): The latter witnesses testified that Yanai's mother was switched right away with a slave and escaped from captivity. She was never alone with the captors to become disqualified to Kehunah.
(h) Support (Rava, for himself): A Beraisa teaches that one witness is not believed about Ervah:
1. (Beraisa - R. Tarfon): If a Mikvah was Muchzak to have the required amount of water, and it was measured and found to be deficient, we do not say that anything Tamei that was immersed in the Mikvah (or that touched something that was immersed in it) is Tamei;
2. R. Akiva says, it is Tamei.
3. R. Tarfon: The Chazakah is that the Mikvah was full. If there is a doubt about its status at the time that people or Kelim immersed, don't assume that it was deficient!
4. R. Akiva: The Chazakah of the person (or Kli) who immersed in the Mikvah was to be Tamei. If there is a doubt about whether or not he became Tahor (perhaps the Mikvah was deficient), don't assume that he became Tahor!
5. R. Tarfon: Our case resembles a Kohen who was offering Korbanos on the Mizbe'ach, and it became known that he was born to a divorcee or Chalutzah (so he is a Chalal, i.e. disqualified). What he offered is acceptable.
6. R. Akiva: No, our case resembles a Kohen who was offering on the Mizbe'ach, and it became known that he was blemished. What he offered is not acceptable.
7. Question (R. Tarfon): Is our case more comparable to a Kohen found to be a Chalal, or one found to be blemished?
8. Answer (R. Akiva): One witness can testify that a Mikvah is invalid, and also that a Kohen is blemished. These are more comparable, for two witnesses are needed to testify that a Kohen is a Chalal;
i. Also, a deficient Mikvah and a blemished Kohen are disqualified due to themselves, unlike a Chalal, who is disqualified due to others (his mother).
9. R. Tarfon: Separating from you is like death (you are correct)!
10. Question: In what case can one witness testify about a blemished Kohen?
i. If the Kohen denies the blemish, one witness is not believed!
11. Answer: Rather, the Kohen is silent.
12. Culmination of support: The Mishnah requires two witnesses to disqualify a Chalal! (This shows that one witness is not believed.)
(i) Rejection (Abaye): Really, the Kohen denies the blemish. One witness is believed, for if the Kohen is telling the truth, he must show us that he has no blemish.
1. This explains 'a deficient Mikvah and a blemished Kohen are disqualified due to themselves. We do not learn from a Chalal, who is disqualified due to others.'
(j) Question: What is the source that if a Chalal served in the Mikdash, what he offered is acceptable?
(k) Answer #1 (Rav Yehudah): "(Kehunah) will be to him (Aharon) and his seed", whether Kosher or disqualified seed;
(l) Answer #2 (Shmuel's father): "Hash-m blessed Cheilo (His legion), and the work of His hands will be acceptable" - even the Avodah of Chalalim is accepted.
(m) Answer #3 (R. Yanai) Question: Why does it say "you will come to the Kohen who will be in those days"?
1. Answer: This refers to a Kohen who was Kosher, and then was found to be a Chalal.
(n) Question: What is the source that if a blemished Kohen served in the Mikdash, what he offered is unacceptable?
(o) Answer (Rav Yehudah): "I (Hash-m) give to (Pinchas) My covenant of Shalom" - when he is Shalem, not lacking.
(p) Question: It says "Shalom"!
(q) Answer (Rav Nachman): There is a tradition to write the 'Vov' of "Shalom" broken (hinting that we read the word as if there was no Vav).
3) WHOSE LINEAGE DO CHILDREN FOLLOW?
(a) (Mishnah): In any permitted marriage, the lineage of the child follows the father;
1. This is the daughter of a Kohen, Levi or Yisrael who married a Kohen, Levi or Yisrael.
(b) In any forbidden marriage in which Kidushin is Tofes, the lineage of the child follows the (more) blemished parent;
1. This is a widow married to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or a Bas Yisrael to a Mamzer or Nasin.
(c) Whenever Reuven cannot be Mekadesh Leah, but other men can be Mekadesh her, children of Reuven and Leah are Mamzerim;
1. This is any of the forbidden Arayos.
(d) Whenever no one can be Mekadesh Sally, her children are like her.
1. This is a Shifchah or Nochris.