[68a - 38 lines; 68b - 23 lines]

1)[line 1]נדהNIDAH

(a)By Torah Law, a woman who has her period is a Nidah for seven days (Vayikra 15:19). It makes no difference whether she saw blood only one time or for the entire seven days. At the end of seven days, after nightfall, she immerses in a Mikvah to become Tehorah.

(b)The current practice is to consider all women who have a show of blood to be a Zavah and therefore they must have seven clean days before they go to the Mikvah.

2)[line 12]"כי תהיינה לאיש שתי נשים, האחת אהובה והאחת שנואה [וילדו לו בנים האהובה והשנואה; והיה הבן הבכר לשניאה]""KI SIHEYENAH L'ISH SHTEI NASHIM, HA'ACHAS AHUVAH VEHA'ACHAS SENU'AH, [V'YALDU LO VANIM HA'AHUVAH VEHA'SENU'AH; V'HAYAH HA'BEN HA'BECHOR LA'SENI'AH]"- "If a man has two wives, one beloved, and another hated, [and they have born him children, both the beloved and the hated; and if the firstborn son is hers who was hated]" (Devarim 21:15).

3a)[line 15]אהובה בנישואיהAHUVAH B'NISU'EHA- (lit. beloved in her marriage) a woman who is permitted to be married to her husband

b)[line 15]שנואה בנישואיהSENU'AH B'NISU'EHA- (lit. hated in her marriage) a woman who is forbidden by the Torah to be married to her husband

4)[line 16]ולרבי עקיבא דאמר אין קידושין תופסין בחייבי לאויןUL'REBBI AKIVA D'AMAR EIN 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 is valid. Other women are prohibited to the extent that even if the men are Mekadesh them, the Kidushin is not valid.

(b)The Tana'im argue, based upon differing interpretations of the verses of the Torah (Kidushin 67b-68a), with which women Kidushin is valid and with which women Kidushin is not valid.

1.According to most of the Tana'im, Kidushin is valid with women who are prohibited only with a Lav and/or an Aseh. Kidushin is 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 is 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 is 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 is not valid with Isurei Aseh either (see "Mamzer," Background to Kidushin 66:24).

(c)Another result of the above-mentioned argument applies to Mamzerim. According to the opinion that rules that only Kidushin with Chayavei Kares is 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 is not valid either, the children of Chayavei Lavim are also Mamzerim (see "Mamzer," in the Background ibid.).

(d)According to all opinions, Kidushin may not be effected with a non-Jewish 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).

5)[line 34]שבקיה לקרא דהוי דחיק ומוקי אנפשיהSHAVKEI LI'KERA D'IHU DACHIK U'MUKIM A'NAFSHEI- leave aside the literal meaning of the verse, because it is written in a forced matter, and it must be interpreted based on its Halachic context

6a)[line 37]"... שבו לכם פה עם החמור...""... SHEVU LACHEM POH IM HA'CHAMOR..."- "[And Avraham said to his young men,] 'Stay here with the donkey; [and I and the lad will go yonder and worship, and come back to you]'" (Bereishis 22:5).

b)[line 37]עם הדומה לחמורAM HA'DOMEH L'CHAMOR- people who are Halachically comparable to the donkey

68b----------------------------------------68b

7a)[line 1]"... האשה וילדיה תהיה לאדוניה...""... HA'ISHAH V'YLADEHA TIHEYEH LA'DONEHA..."- "[If his master has given him a [maidservant as a] wife, and she has born him sons or daughters;] the wife and her children shall [be slaves and] belong to her master, [and he shall go out by himself]" (Shemos 21:4).

b)[line 1]האשה וילדיהHA'ISHAH V'YLADEHA... (EVED IVRI)

(a)There are two ways that a Jewish man can be bought as a slave by another Jew. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. During his term as a slave, his master must support his family (Kidushin 22b). The master may not make his Eved Ivri do disgraceful work for him, nor may he treat him as one normally treats a slave. For example, if the master has only one pillow, he must give it to his Eved Ivri rather than keep it for himself (Kidushin 20a).

(b)If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear him children who will become the slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is forbidden to have relations with a maidservant.)

(c)An Eved Ivri is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year, whichever comes first (Kidushin 14b, 16a). At any time during his term, he may go free if he or someone else pays his master the money remaining from the sum that the master paid for him, prorated to the amount of time that he worked. If, at the termination of six years, he expresses his desire to continue life as a slave, the master takes the slave to Beis Din and stands the slave near a doorpost and pierces his right ear and the door with an awl. This is known as Retzi'ah, and an Eved Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must continue to serve his master until the Yovel year (ibid. 21:6) or until his master dies. Whenever an Eved Ivri goes free, under most circumstances his master must give him monetary gifts valued at 15, 30, or 50 Sela'im, according to the various opinions (Kidushin 17a). This is known as Ha'anakah (Devarim 15:14).

(d)The Gemara (Kidushin 14b) cites a Tana that distinguishes between the Halachos of an Eved Ivri who sold himself and an Eved Ivri who was sold by Beis Din. According to this Tana, some of the above-mentioned Halachos do not apply to an Eved Ivri who sold himself. (For example, he cannot become a Nirtza, he does not receive Ha'anakah, etc.)

8)[line 2]"[ו]לא תתחתן בם""[V']LO SISCHATEN BAM..."- "[And] you shall not make marriages with them; [your daughter you shall not give to his son, nor his daughter shall you take to your son]" (Devarim 7:3).

9)[line 5]"כי יסיר את בנך מאחרי...""KI YASIR ES BINCHA ME'ACHARAI..."- "For they will turn away your son from following Me, [and they will serve other gods; so will the anger of HaSh-m be kindled against you, and He will destroy you speedily]" (Devarim 7:4).

10)[line 13]הניחא לרבי שמעון דדריש טעמא דקראHANICHA L'REBBI SHIMON D'DARISH TA'AMA DI'KERA

Rebbi Shimon used to suggest logical reasons for the Torah's commandments; this is the meaning of "Darish Ta'ama di'Kra," as in Yevamos 23a.

11)[line 15]א''קAMAR KERA- the verse states

12a)[line 15]"ואחר כן תבוא אליה ובעלתה [והיתה לך לאשה]""... V'ACHAR KEN TAVO ELEHA U'V'ALTAH [V'HAYESAH LECHA L'ISHAH]"- "[And she shall take off the [fine] garment of her captivity, and shall remain in your house, and bewail her father and her mother a full month;] and after that you shall go in to her, and be her husband, [and she shall be your wife]" (Devarim 21:13).

b)[line 15]ואחר כןV'ACHAR KEN (YEFAS TO'AR)

(a)The Torah (Devarim 21:10-14) permits a Jewish soldier to take home a foreign female prisoner of war, convert her, and marry her. The Torah permits this "only in recognition of the power of a man's evil inclination," in order to prevent the strong likelihood that some Jews might be overcome by their Yetzer ha'Ra and engage in forbidden relations with her.

(b)However, the Torah requires first that she undergo a thirty-day period of mourning for her parents (as well as for their idolatrous practices; Yevamos 48b, RAMBAM Hilchos Melachim 8:5). This involves shaving her head, letting her fingernails grow (or be cut; see Yevamos 48b), and replacing the fine garments that she was wearing when she was captured with ordinary clothes. This is done in order to make her less attractive (RASHI to Devarim ibid., IBN EZRA to Devarim ibid.) and to signify purification and a new status (CHIZKUNI to Devarim ibid.).

(c)There is a Machlokes Rishonim regarding whether it is permitted for the Jewish soldier to have relations with the Yefas To'ar a single time, during the war, before bringing her home (RAMBAM, RABEINU TAM), or whether such an act during war is forbidden and that the soldier must wait until after her period of mourning is completed (RASHI, according to TOSFOS; see RITVA).

13)[line 18]... וילדו לו ...V'YALEDU LO- see above, entry #2 - "They have born him children," i.e. with the same status as him.

14)[line 18]כל היכא דקרינן ביה כי תהיינהKOL HEICHA D'KARINAN BEI KI SIHEYENA- (lit. in every case in which we can satisfy the requirement of the verse "Ki Siheyena") in every instance in which there is Kidushin with the woman, the children are genealogically related to the father

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