(a) (Mishnah): When they grow up ...(if they freed each other
...)
(b) Question: Why is this a matter of choice? If they do not free each other, they cannot marry a slave or a Bas Yisrael!
(c) Answer (Rava): The Mishnah should say that we force them to free each other.
(d) (Mishnah): They have the stringencies ...
(e) Question: What does this teach?
(f) Answer (Rav Papa): When one of them brings a Minchah (flour offering), a Kometz (handful) is offered on the Mizbe'ach like a Yisrael's Minchah, and the Shirayim (remainder) are not eaten, like a Kohen's Minchah;

1. The handful is offered by itself, and the Shirayim by themselves.

(g) Objection: (If he is a Yisrael, the remainder is permitted.) Whenever part of a Korban was offered and this permits the rest, a Lav forbids burning the Shirayim on the Mizbe'ach!
(h) Answer #1 (R. Yehudah brei d'R. Shimon ben Pazi): He burns it as if it was wood, like R. Elazar taught:

1. (Beraisa - R. Elazar): "(You may not burn permitted Shirayim) l'Re'ach Nicho'ach" (l'Shem Korban), but you can burn as if it were wood.

(i) This is only according to R. Elazar. According to Chachamim, how can we answer?
(j) Answer #2: We do like R. Elazar b'Rebbi Shimon.

1. (Beraisa - R. Elazar b'Rebbi Shimon): The Kometz is offered by itself, and the Shirayim are scattered in the place where ashes from the Mizbe'ach are placed.
2. Even Chachamim argue with R. Elazar b'Rebbi Shimon only regarding a Kohen's Chatas, since it can be offered. Here, they admit.

(a) (Mishnah): If a woman remarried without waiting three months and gave birth (nine months after leaving her first husband), we do not know if the baby was born after nine months from the first husband; or after seven months from the second husband;
(b) If she had (definite) sons from both husbands, (if the Safek dies) they do Chalitzah, not Yibum. If a definite son dies, the Safek does Chalitzah, not Yibum.

(c) If he had brothers from both possible fathers (and not from his mother), he may do Chalitzah or Yibum to their widows; if he died, a brother from one possible father does Chalitzah, and a brother from the other possible father may do Yibum.
(d) If one possible father was a Yisrael and the other was a Kohen, the Safek has the following restrictions:

1. He marries a woman fit for a Kohen;
2. He may not become Tamei. If he did, he is not lashed;
3. He may not eat Terumah. If he ate, he does not pay the principal, nor an added fifth;
4. He does not receive a share of Terumah at the granaries. He sells Terumah that he separates from his own produce, and keeps the money;
5. He does not get a share of Kodshim of the Mikdash. If he comes to offer a Korban, we do not seize it from him;
6. He is exempt from giving Matanos (the foreleg, jaw and stomach of a Chulin animal);
7. His firstborn animals graze until they get a blemish;
8. We put on him the stringencies of a Kohen and of a Yisrael.

(e) If both possible fathers are Kohanim, he is an Onen when either of them dies, and they are Onenim when he dies;
(f) He does not become Tamei to engage in burying them, and they do not become Tamei to engage in burying him. He does not inherit them, but they inherit him. He is exempt if he hits or curses either of them;
(g) He goes to the Mikdash at the time when each of them goes to serve, but he does not receive a portion of the Korbanos;

1. If they are from the same Mishmar (division) of Kohanim, he receives a portion.

(h) (Gemara): Chalitzah must be done before Yibum. One may not do Yibum first, lest he is from the other father, and they transgress Yevamah l'Shuk.

(a) (Shmuel): If 10 Kohanim were together and one separated and had Bi'ah with a woman, the resulting child is a Shtuki (silenced).
(b) Question: Regarding what is the child a Shtuki?

1. He need not teach that he is Shtuki (denied) from inheriting his father's property. This is obvious, for we do not know which is his father!

(c) Answer: Rather, we silence him from Kehunah. "To him and his sons after him" - a Kohen must know his father, and this child does not.
(d) Question (Rav Papa): How will you expound what Hash-m said to Avraham - "(Lihyos Lecha lEilokim) and to your children after you"?
(e) Answer: Hash-m warned him not to marry a Nochri or slave, lest his seed follow her.
(f) Question (Beraisa): (If a woman did Yibum within three months (of the death) and gave birth nine months,) the child is fitting to be a Kohen Gadol.

1. The child does know which is his father!

(g) Answer: The need to be able to trace lineage is only mid'Rabanan. The verse is only an Asmachta. Chachamim decreed only about Zenus, not regarding marriage.
(h) Question: Chachamim did not decree about Zenus!

1. (Mishnah): If a woman remarried without waiting three months and gave birth...
2. Question: How did she leave her first husband?
3. Answer #1: He died.
4. Rejection (Seifa): The Safek is an Onen when they (his possible fathers) die, and they are Onenim when he dies.

i. Granted, the son is an Onen when the second husband dies, and when the bones of the first husband are gathered.
ii. But how can they be Onenim when the Safek dies? The first husband died before the Safek was born!

5. Answer #2: Rather, the first husband divorced her. She did not wait three months after the Get.
6. Rejection (Seifa): He may not become Tamei to engage in burying them, and they may not become Tamei to engage in burying him.

i. Granted, they cannot become Tamei to bury him, for each is in doubt whether or not this is his son.
ii. Granted, the son can't become Tamei for the second husband. Perhaps it is not his father!
iii. But why can't the son become Tamei for the first husband? If it is his father, this is a Mitzvah. If it is not his father, the son is a Chalal (his mother was divorced), so he may become Tamei!

7. Answer #3: Rather, the first man never married his mother, they just had Zenus. The Mishnah says, she did not wait three months after Ba'alah (her husband). It means, after Bo'alah (the man who had Bi'ah with her).
8. Summation of question (against Shmuel - Seifa): The son goes to the Mikdash with the Mishmar of each possible father.

(i) Answer #1 (and Answer #4 to Question (2) - Rav Shemaya): His mother left her first husband through Mi'un (so she was permitted to remarry a Kohen).
(j) Question: If she did Mi'un, she could not give birth (from her first husband, since she was a minor)!

1. (Rav Bivi - Beraisa): Three women use a contraceptive wad to prevent pregnancy: a minor, a pregnant woman, and a nursing woman. (Rashi - they may use a wad at the time of Bi'ah; Tosfos - they must use a wad after Bi'ah.)

i. A minor does so, lest she get pregnant and die;
ii. A pregnant woman does so lest the fetus get mashed;
iii. A nursing woman does so lest pregnancy force her to wean her baby, and it will die.

2. R. Meir says, a girl between 11 and 12 years uses a wad. If she is younger or older, she has Bi'ah normally.
3. Chachamim say, at any age she has normal Bi'ah. Shamayim will have mercy on her - "Hash-m guards the simple."

(k) Answer: The case is, her Kidushin was on condition, and it was not fulfilled.

1. (Rav Yehudah): If a married woman was Mezanah and "She was not grabbed", she is forbidden. Had she been forced, she would be permitted. There is a case in which even though she was not forced, she is permitted, i.e. mistaken Kidushin.
2. Even if she has a child, she may do Mi'un and leave her husband.