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) ALL ARAYOS HAVE THE SAME LAW
(a) Answer #3 (R. Yonah): "Any of these abominations" equates all Arayos (including Achos Ishto);
1. Kidushin cannot take effect on Achos Ishto, and similarly for all Arayos.
(b) Question: If so, Kidushin should not take effect on a Nidah (also Nidah is in the Parshah)!
1. (Abaye): All agree that a child resulting from Bi'ah with a Nidah or a Sotah is not a Mamzer.
(c) (Chizkiyah): "Va'Tehi Nidasah Alav" - even when she is a Nidah, there is Havayah (Kidushin).
(d) Question: (The Torah specified that Kidushin is Tofes on a Nidah, but not on Achos Ishto.) Why do we equate other relatives to Achos Ishto, and not to a Nidah?
(e) Answer #1: If there are two possibilities, we equate things in the more stringent way.
(f) Answer #2 (Rav Acha bar Yakov): We learn from a Yevamah that we are stringent.
1. Bi'ah of a Yevamah with a stranger is only Chayavei Lavin, yet she cannot be Mekudeshes to a stranger. All the more so, there is no Kidushin for Arayos punishable by death and Kares!
2) KIDUSHIN FOR CHAYAVEI LAVIN
(a) Question: According to Rav Acha bar Yakov, we should learn that Kidushin cannot take effect even for Chayevei Lavin!
(b) Answer (Rav Papa): A verse teaches that Kidushin is Tofes for Chayevei Lavin:
1. Question: "When Tihyenah (will be) to a man two wives, one beloved and one hated..." - why should his love or hatred for his wives affect inheritance?!
2. Answer: Rather, the marriages are beloved and hated (i.e. permitted and forbidden), and the Torah says Tihyenah (alluding to Havayah, i.e. Kidushin)!
(c) Question: R. Akiva holds that Kidushin is not Tofes for Chayevei Lavin. How does he explain the verse?
(d) Answer #1: The way R. Simai explains R. Akiva, the verse can discuss a Kohen Gadol. One of his wives is a widow;
1. (Beraisa - R. Simai): R. Akiva says that children from any forbidden Bi'ah are Mamzerim (and if so, there cannot be Kidushin between the parents), except for a widow who marries a Kohen Gadol, for there the Torah said "He will not take... he will not profane";
2. He makes his children profaned (Chalalim), not Mamzerim.
(e) Answer #2A: R. Yesheivav says that R. Akiva holds that any forbidden relationship with a Yisre'elis produces Mamzerim;
1. If R. Yesheivav came to argue with R. Simai, he refers only to Chayavei Lavin of Kohanim, but he admits that Bi'ah forbidden by an Aseh (e.g. a Mitzri Rishon or Sheni to a Yisre'elis) does not make Mamzerim. If so, the verse can discuss such a marriage.
(f) Question: If R. Yesheivav's teaching was independent (and applies in all cases), how does R. Akiva explain the verse?
(g) Answer #2B: It discusses a Kohen Gadol who married a girl who was not a virgin.
(h) Question: Why is this different than other Chayavei Aseh (which produce Mamzerim)?
(i) Answer: The Isur does not apply to everyone (a Kohen Gadol is the only man commanded about this).
(j) Question: Why do Chachamim say that the verse discusses Chayavei Lavin (and teaches that Kidushin is Tofes)? They should learn a smaller Chidush, and say that it discusses a Chayavei Aseh!
(k) Answer: There is no Chayavei Aseh it could discuss!
1. If his wives are Mitzriyos, both marriages are hated!
2. Suggestion: One wife is a Mitzris, and the other is a Bas Yisrael.
3. Rejection: The verse connotes that both wives are from the same nation!
4. The verse discusses a Kohen Gadol who married a non-virgin.
5. Rejection: The verse discusses a man who has two wives, not specifically the Kohen Gadol!
6. Even though (R. Simai says that) R. Akiva learns this way, he does so only because he has no alternative.
3) CHILDREN OF A SLAVE OR NOCHRIS
(a) (Mishnah): Any woman who cannot be Mekudeshes to any man...
(b) Question: What is the source that a Shifchah cannot be Mekudeshes?
(c) Answer (Rav Huna): We read "stay Im (with) the donkey" (this was said to Eliezer, an Eved Kena'ani) like Am (a nation), equating slaves to a donkey (Kidushin does not apply to them).
(d) Question: What is the source that children of a Shifchah are slaves?
(e) Answer: "The woman (Shifchah) and her children (from an Eved Ivri) will be to her master".
(f) Question: What is the source regarding a Nochris?
(g) Answer: "Al Tischaten Bam" (there is no marriage with them. Ri - the verse continues "Do not give your daughter (for marriage) to a Nochri's son, and do not take a Nochri's daughter for your son." The additional Lavim teach that even b'Di'eved there is no Kidushin.)
(h) Question: This teaches about Kidushin. What is the source that children of a Nochris are Nochrim?
(i) Answer (R. Yochanan): "For he will veer your son away from Me" - your son from a Yisre'elis is called your son, but your son from a Nochris is not called your son, rather, her son. (Rashi - this verse refers to the Seifa of the previous verse. He (your Nochri son-in-law) will veer your son, i.e. grandson. The grandson is from a Yisre'elis (your daughter), so he is called your son (he is a Yisrael). It does not say (about the Reisha) that she (your Nochris daughter-in-law) will veer your son, for your grandson from a Nochris is not called your son (he is a Nochri). Tosfos - "He will veer your son" refers to the Reisha of the previous verse. He, your son's Nochri father-in-law, will veer your son from Me. The Torah is not concerned lest he veer your grandson, for he is not called your son. (He is a Nochri, like his mother.) R. Yochanan did not discuss children of a Yisre'elis from a Nochri. This was Ravina's Chidush.)
(j) (Ravina): We learn that your daughter's son fathered by a Nochri is called your son. (Tosfos - had the Torah expressed concern (only) about your daughter, this would have shown that the grandson is a Nochri. The Torah did not, for it is concerned also about the grandson. Since his mother is a Yisre'elis, he is a Yisrael.)
(k) Question: "Al Tischasen Bam" discusses the seven Kena'ani nations. What is the source for a woman of another nation (that she cannot be Mekudeshes, and her children are like her)?
(l) Answer: "He will veer your son" includes anyone who would veer (i.e. all Nochrim).
(m) Question: This is like R. Shimon, who derives laws based on (his understanding of) the reason for Mitzvos. What is Chachamim's source regarding other nations?
(n) Answer: (In war, one who desires a Nochris can force her to convert after one or three months.) "Afterwards you may have Bi'ah with her (and take her for a wife)" implies that you could not be Mekadesh her before (conversion).
(o) Question: What is Chachamim's source that children of a Nochris are Nochrim?
(p) Answer: "When Tihyenah to a man two wives, and they will bear children to him" - children are attributed to the father only when the mother could have Havayah (Kidushin).
(q) Question: If so, this is also a source that children of a slave are slaves!
(r) Answer: That is true!
(s) Question: What do we learn from "the woman (slave) and her children will be to her master"?
(t) Answer (Beraisa - Rebbi Yosi ha'Glili): If one wrote in a Get of freedom to his (pregnant) slave 'you are free, and your fetus is a slave' (and gave the Get), the child is (free) like her;
(u) Chachamim say, his words are fulfilled - "The (slave) and her children will be to her master".
(v) Question: How do they learn this law from the verse?
(w) Answer: The verse is the source for Rebbi Yosi ha'Glili's law (the child is to the master only when his mother is to the master).