77b----------------------------------------77b
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5)
(a) When, commenting on the Pasuk "Ki im Besulah me'Amav Yikach Ishah" Rebbi cited a Beraisa before Rebbi Yochanan which stated that this comes to include a Giyores Mechaneh, he meant - that the daughter of an Amoni and an Amonis is Kasher to marry a Kohen Gadol (but not an Amoni who married a bas Yisrael, since their Bi'ah was a Bi'as Isur (the opinion of Resh Lakish, as we just learned).
(b) Rebbi Yochanan commented on this - that he learned from the extra 'Mem' in "me'Amav ... " - that a virgin who came from two nations (Amon and Yisrael) is also Kasher to marry a Kohen Gadol (and not just a Giyores Mechanah).
(c) He cannot possibly have meant an Amoni who married an Amonis (who are considered two nations, because the males are forbidden and the females, permitted - because that is a Giyores Mechanah (on which he is coming to argue).
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6)
(a) According to the second Lashon, Rebbi Yochanan explains 'mi'Shnei Amamin' to mean the daughter of two nations, one of which is itself two nations - meaning an Amoni (who are considered two nations to start off with) who married a bas Yisrael.
(b) The difference between the two Leshonos is - the daughter of a Mitzri Sheni who married a bas Yisrael, who will have the same Din as the daughter of an Amoni to a bas Yisrael according to the first Lashon, but not according to the second Lashon.
(c) Rebbi Yochanan will now learn that the daughter of a second generation Mitzri who married a Yisraelis is permitted to marry a Kohen - from the Tzad ha'Shaveh between an Amoni who married a bas Yisrael and a Mitzri Sheni who married a Mitzris Sheniyah.
(d) Rav Yosef now understood what Rav Yehudah meant when he heard him saying 'Amav' 'me'Amav'.
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7)
(a) When Rav Shmuel bar Yehudah arrived from Eretz Yisrael, he cited Rebbi Zakai differently. According to his version, Rebbi Yochanan accepted the statement 'Ishah Amonis Kesheirah, Bnah me'Amoni Pasul, u'Bitah me'Amoni Kesheirah.' The reason that ...
1. ... 'Ishah Amonis Kesheirah' is - because "Amoni" 'v'Lo Amonis'.
2. ... 'Bnah me'Amoni Pasul' is - because he is an Amoni.
(b) Rebbi Yochanan original problem with 'u'Bitah me'Amoni Kesheirah' was - because if the Tana is coming to tell us that she is Kasher, to permit her to marry into the Kahal, that is obvious, seeing as her mother was already permitted to do so.
(c) He must therefore be coming to teach us - that she is permitted to marry a Kohen (even though her mother is not).
(d) He rejects the Beraisa on the basis of the final statement 'ba'Meh Devarim Amurim ba'Amoni v'Amonis she'Nisgayru; Aval Bitah me'Amoni, Pesulah'. This cannot be referring to the daughter of an Amoni who married an Amonis, because that is a Giyores Mechanah, whom we just permitted. So it must be referring to the daughter of an Amoni who married a bas Yisrael, and whom the Tana considers Pasul. Rebbi Yochanan objects to that - on the grounds of "Amav" "me'Amav" as we learned above).
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8)
(a) Rebbi Shimon permits a Mitzris and an Edomis immediately, from a 'Kal va'Chomer' from an Amonis, who is permitted immediately, even though the men are forbidden forever (certainly a Mitzris and an Edomis, where the men are not). The Kashya that Rabah bar bar Chanah Amar Rebbi Yochanan cites that the Rabanan ask on him from Arayos is - where the men are also forbidden for only two generations, yet the women are forbidden, too.
(b) Their proof from Arayos is not acceptable however - because Arayos are Chayavei Kares (whereas a Mitzri and an Edomi are only Chayavei Aseh).
(c) Their proof from Mamzer is not acceptable either - because a Mamzer will never be fit to enter the Kahal (whereas a Mitzri and an Edomi will be fit to enter it after three generations).
(d) Neither can we learn from a 'Mah ha'Tzad' from both Arayos and a Mamzer, by both of whom the women are forbidden too - seeing as they have a common Chumra over a Mitzri and an Edomi, inasmuch as they both have a Tzad Kares (the one is Chayav Kares, the other, is born from a union for which there was a Chiyuv Kares) which the latter pair do not.
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9)
(a) So the Rabanan ask Rebbi Shimon from a Chalal of Chayavei Aseh (instead of Mamzer) - a Kohen Gadol who married an Anusah or a Mefutah according to Rebbi Eliezer ben Yakov.
(b) We bring a Chalal of Chayavei Aseh to the 'Mah ha'Tzad' to answer the Kashya that one cannot learn from Arayos because they are Chayav Kares. And we also need to bring Arayos to the 'Mah ha'Tzad', because a Chalal of Chayavei Aseh has a Chumra over Mitzri and Edomi - inasmuch as a Chalal is formed through a sin, which Mitzri and Edomi are not.
(c) When Rebbi Shimon said to the Rabanan 'Lo Ki, Halachah Ani Omer' - he meant that as far as he was concerned, he did not hold like Rebbi Eliezer ben Yakov anyway, but that, even according to them, who did, his ruling was Halachah l'Moshe mi'Sinai (and therefore not disputable).
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10)
(a) In a Beraisa, Rebbi Shimon brings another proof from the Pasuk "Banim Asher Yivaldu" - from which he Darshens "Banim" 'v'Lo Banos'.
(b) According to one explanation, Rebbi Yehudah learns from "Banim Asher Yivaldu" that all children are forbidden, daughters no less than sons. Alternatively, when he says 'ha'Kasuv Tal'an b'Leidah', he means - that the sons go after their mother (e.g. if the mother is a first-generation Mitzris, then her son is a second (a Derashah which only makes sense if the women are forbidden just like the men).
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11)
(a) Bearing in mind that Rebbi Yehudah holds 'Kehal Gerim Ikri Kahal', the problem, had he agreed here with Rebbi Shimon would have been - that even a first or second-generation Mitzris would be considered Kahal, and would therefore be forbidden to a first or second generation Mitzri (in which case, there would be no way for a Mitzri Sheni to become permitted. So how can the Torah inform us that they are permitted?).
(b) We cannot answer that the Torah's case of Mitzri Shelishi in the Torah speaks when a Mitzri Sheni married a bas Yisrael or a Giyores b'Isur - because the Torah does not speak about cases that came about through an Isur.
(c) Granted, the Torah does speak about a Mamzer, who came into the world b'Isur - but that is to teach us a Chumra (but it would not do so to teach us a Kula).
(d) Nevertheless, it does speak about a Machzir Gerushaso, who took his wife back, together with the leniency ("Hi To'evah" 'v'Ein Banehah To'evin') - because it comes chiefly, to teach us the prohibition of taking her back.
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