[29a - 22 lines; 29b - 37 lines]
PEREK #3 ELU NA'AROS
1)[line 1]נערותNA'AROS (KETANAH / NA'ARAH / BOGERES)
A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse she becomes a Bogeres (adult).
2)[line 1]קנסKENAS (ONES)
(a)If a man rapes a girl (between the ages of 12 and 12 1/2) he must pay her father a fine of fifty Shekalim, as stated in Devarim (22:28). This amount is the equivalent of a dowry (Kesuvah). The man must also marry the girl and never divorce her, if the girl wishes to be his wife.
(b)The age mentioned above follows the ruling of Rebbi Meir, who states that a man who rapes a Ketanah (a minor) does not pay Kenas. According to the Chachamim, Kenas must be paid if the girl is between the ages of 3 and 12 1/2 years (Kesuvos 29a).
(a)There are prohibited marital relations that invalidate the ensuing offspring and render them Mamzerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Asei produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin — Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b)A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).
(a)In the times of Yehoshua, the Giv'onim (members of the Chivi nation, one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ("va'Yitenem..." - "And he appointed them...," Yehoshua 9:27) to perform the tasks of chopping wood and drawing water.
(b)The Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. The Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak, and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).
5)[line 2]הכותיתHA'KUSIS (KUSIM)
(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and settled them in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was an honest and valid one (Geirei Emes), or whether it was prompted only by feelings of self-preservation and the Kusim remained Nochrim (Geirei Arayos).
(b)After the times of the Mishnah, the Kusim were found worshipping an image of a dove, and the Chachamim gave them the status of Nochrim. (According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the Rambam (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)
A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."
7)[line 16]ועד שתיבגרV'AD SHE'TIBAGER- and until she becomes a Bogeres
8)[line 13]"כמהר הבתולת""K'MOHAR HA'BESULOS"- "like the value of the marriage contract of virgins" (Shemos 22:16)
9)[line 22]שמעון התימניSHIMON HA'TIMNI- Shimon from Timnas/Timnah, identified with the village Tibnah, located on the road between Beit Shemesh and Yavneh. At the time of Bayis Sheni it was the major city of the district.
10)[line 23]יש בה הויהSHE'YESH BAH HAVAYAH- a woman upon whom Kidushin takes effect
11)[line 28]אין קידושין תופסין בחייבי לאויןEIN KIDUSHIN TOFSIN B'CHAYAVEI LAVIN
(a)There are women whom the Torah prohibits to certain men. However, if these men transgress a Torah prohibition and are Mekadesh (betroth) them the Kidushin are valid. Other women are prohibited to the extent that even if the men are Mekadesh them, the Kidushin are not valid.
(b)The Tana'im argue, based upon differing interpretations of the verses of the Torah (Kidushin 67b-68a), with which women Kidushin are valid and with which women Kidushin are not valid.
1.According to most of the Tana'im, Kidushin are valid with women who are prohibited only with a Lav and/or an Aseh. Kidushin are not valid with women who are prohibited with an Isur Kares (such as the Arayos that the Torah prohibits in Parshas Acharei Mos, Vayikra 18:6-23).
2.Rebbi Akiva and other Tana'im are more stringent, ruling that Kidushin are not valid even with those women who are prohibited with an Isur Lav. The Tana'im argue further with regard to the opinion of Rebbi Akiva, as to whether Kidushin are not valid only with some of the Chayavei Lavin (those women who were never permitted to the man in question), or with all of them. Additionally, one Tana claims that according to Rebbi Akiva, Kidushin are not valid with Isurei Aseh either (see "Mamzer," entry #3 above).
(c)Another result of the above-mentioned argument applies to Mamzerim. According to the opinion that rules that only Kidushin with Chayavei Kares are not valid, the children of Chayavei Lavim are not Mamzerim. According to Rebbi Akiva and those Tana'im who rule that Kidushin with Chayavei Lavim are not valid either, the children of Chayavei Lavim are also Mamzerim (see above, entry #3).
(d)According to all opinions, Kidushin may not be effected with a Nochri maidservant or a Nochris, even though the prohibition against marrying them is not a Isur Kares, since the institution of Kidushin does not exist with regard to these women (see Insights to Yevamos 45:1).
12)[line 34]חילוליןCHILULIN (CHALAL)
(a)The Torah commands a Kohen Gadol not to marry a widow, divorcee, prostitute ("Zonah" — see Background to Yevamos 59:22), or Chalalah (Vayikra 21:14). An ordinary Kohen is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah, and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b)A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.
(c)A widow, divorcee or prostitute that has relations with a Kohen Gadol, and a divorcee or prostitute who has relations with a regular Kohen, becomes a "Chalalah." Female children born through such a union are also Chalalos. Also, any Jewish woman who has relations with a Chalal becomes a Chalalah (even though she is permitted to have relations with him).
(d)A Chalalah is prohibited to marry a Kohen. If she does marry (and have relations with) a Kohen, the Chalalah and the Kohen are punished with Malkus. A Chalalah may not eat Terumah. Although a Jewish woman who has living children from a Kohen normally eats Terumah, if she becomes a Chalalah she may no longer eat Terumah. Similarly, although the daughter of a Kohen normally eats Terumah until she becomes married to a non-Kohen, if she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e)A Kohen Gadol must marry a Besulah (virgin) (Vayikra 21:13). This is a Mitzvas Aseh (positive commandment), which is less severe than a negative one such as those forbidding him from marrying a divorcee, Zonah, etc. Should a Kohen transgress this Aseh and marry a Be'ulah (one who has had relations), the Chachamim maintain that she neither becomes a Chalalah nor are the resulting offspring Chalalim. Rebbi Eliezer ben Yakov rules that they are, and the Halachah follows his opinion (Yevamos 59b-60a).
13)[line 35]ונצוחU'NETZO'ACH- prevail upon