POINT BY POINT OUTLINE
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
1) PEOPLE WHO DO NOT RECEIVE "TERUMAH" AT THE GRANARIES
(a) Question: We understand why almost all of these do not
1. A deaf person, lunatic or minor lacks understanding;
(b) Answer #1 (Rav Papa or Rav Huna brei d'Rav Yehoshua): We
are concerned lest she continue to receive after she is
2. A Tumtum or Androginus is a creation unto himself
(it disgrace Terumah to give to him);
3. If a slave would receive, people might assume that
he has proper lineage (for marriage);
4. An Arel or Tamei is repulsive;
5. A Kohen married to a Pesulah is fined;
6. But why doesn't a woman receive?
(c) Answer #2 (The other of Rav Papa and Rav Huna): We are
concerned lest she come to be secluded with a man.
(d) Question: What is the practical difference between these
(e) Answer #1: They argue about a place close to the city
(people would know if she was divorced) where people are
not commonly found (seclusion is a problem);
(f) Answer #2: They argue about a place far from the city
(people would not know if she was divorced) where people
are common (seclusion is not a problem).
(g) (Beraisa): In every case we send Terumah to their houses,
except for a Tamei or a Kohen who married a Pesulah.
(h) We do send to an Arel.
(i) Question: If this is because he is Anus (he cannot
circumcise himself due to danger, e.g. his brothers died
through Milah), the same applies to a Tamei!
(j) Answer: An Arel is totally blameless. A Tamei could have
been more careful.
(k) (Beraisa): A slave or woman does not receive Terumah at
the granaries. In a place where they receive, we give
first to the woman, and send her away.
(l) Question: What does this mean (we said that they do not
(m) Answer: Where Ma'aser Oni is distributed, we give to a
woman first, because of disgrace.
1. (Rava): At first, when a man and a woman would come
for judgment, I would hear the man's case first,
because he is obligated in (all) Mitzvos.
2. Now that I heard the above law, I hear the woman's
case first, because of disgrace.
2) AFTER THEY FREE EACH OTHER
(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
(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
(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.
3) A CHILD WHO MAY BE FROM THE FIRST OR SECOND HUSBAND
(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;
(e) If both possible fathers are Kohanim, he is an Onen when
either of them dies, and they are Onenim when he dies;
2. He may not become Tamei. If he did, he is not
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
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
8. We put on him the stringencies of a Kohen and of a
(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
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.
4) A "KOHEN" MUST HAVE KNOWN LINEAGE
(a) (Shmuel): If 10 Kohanim were together and one separated
and had Bi'ah with a woman, the resulting child is a
(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...
(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).
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
i. Granted, the son is an Onen when the second
husband dies, and when the bones of the first
husband are gathered.
5. Answer #2: Rather, the first husband divorced her.
She did not wait three months after the Get.
ii. But how can they be Onenim when the Safek
dies? The first husband died before the Safek
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
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).
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
8. Summation of question (against Shmuel - Seifa): The
son goes to the Mikdash with the Mishmar of each
(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.)
(k) Answer: The case is, her Kidushin was on condition, and
it was not fulfilled.
i. A minor does so, lest she get pregnant and 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
ii. A pregnant woman does so lest the fetus get
iii. A nursing woman does so lest pregnancy force
her to wean her baby, and it will die.
3. Chachamim say, at any age she has normal Bi'ah.
Shamayim will have mercy on her - "Hash-m guards the
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
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