KIDUSHIN 73-75 - Sponsored by the Turkels of NY to merit a Refu'ah Sheleimah for Mindl Adina bas Yentl Yenta Yehudis and Yehuda Leib ben Tzipora Rochel and Avrohom Yeshaya ben Aviva, among the ailing of Klal Yisrael.

[74a - 46 lines; 74b - 47 lines]

1)[line 8]בשודא דדייניSHUDA D'DAYANEI- a court case that is settled by the personal opinion of the judges, which could change were the case to be tried again (for an example of this, see Background to Kesuvos 85:32 and 94:7)

2)[line 10]חיהCHAYAH- a midwife

3)[line 10]אמו כל שבעהIMO KOL SHIV'AH- his mother [is believed] for all of the seven [first days of his life]

4)[line 11]יכיר, יכירנו לאחריםYAKIR, YAKIRENU L'ACHEIRIM

(a)The Bechor, or first viable male born to a father, inherits a double portion of the estate upon his father's death (Mishnah Bechoros 46a). For example, if three brothers remain alive after their father's death and one of the three is a Bechor, the estate is divided into four equal portions and the Bechor receives two of them while the others receive only one.

(b)The verse states, regarding a Bechor, "Ki Es ha'Bechor... Yakir," meaning the father should "recognize" the Bechor (Devarim 21:17). From the word "Yakir" the Chachamim learn that we may rely on the word of the father (i.e., his "recognition" of the son) to determine which son is the Bechor.

(c)According to Rebbi Yehudah (in our Gemara) we also learn from this word that if the father is a Kohen, we may rely on his affirmation to determine whether or not his son was born from a divorcee or Chalutzah, making him a Chalal (who is not valid to serve in the Beis ha'Mikdash like other Kohanim). The Chachamim argue with Rebbi Yehudah, maintaining that the father may only determine which of his sons is the Bechor. He is not trusted to decide whether his son is the son of a divorcee or a Chalutzah.

5)[line 14]זה בן גרושה וזה בן חלוצהZEH BEN GERUSHAH V'ZEH BEN CHALUTZAH (CHALAL)

(a)The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah), divorcee (Gerushah), prostitute ("Zonah" - see Background to Gitin 79:22), or Chalalah. An ordinary Kohen (Hedyot) 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 (see Background to Kidushin 45:6), and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.

(b)A Chalal does not have the sanctity that a Kohen normally has. For this reason, both the privileges and the restrictions that apply to a Kohen do not apply to him. For example:

1.He 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).

2.A Chalal may not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1).

3.He is not restricted with regard to the women that he is allowed to marry.

4.Chalalim are not prohibited from coming into contact with corpses.

5.He is not accorded the honors that are normally accorded to a Kohen.

(c)A widow, divorcee or prostitute who 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 Malkos. 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)There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra 21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and whether the child is a Chalal.

6)[line 20]מה טיבו של עובר זה?MAH TIVO SHEL UBAR ZEH?- What is the status of your fetus? (i.e. of what lineage is his father)?

7)[line 21]וכהן הואV'CHOHEN HU- (lit. and he is a Kohen) and he is of pure lineage

8)[line 22]לא מפיה אנו חייןLO MI'PIHA ANU CHAYIN- (lit. we do not live from her mouth) we do not conduct ourselves according to her words. (One of the three pillars of the world is Emes, truth (Avos 1:18). As such, the Mishnah (Kesuvos 12b, 13a) employs the phrase, "We do not live from her words," i.e. we cannot assume that her words are the truth - TOSFOS REBBI AKIVA EIGER, quoting TALMIDEI RABEINU YONAH, cited in the SHITAH MEKUBETZES to Kesuvos ibid. The TIFERES YISRAEL brings the Gemara Sanhedrin 97a, that tells of a place called Kushta, the inhabitants of which live long lives because they never tell lies. The word Kushta also means truth. Accordingly, the Mishnah hints that we will not live long lives because of her words, since she may be lying.)

9)[line 34]ודאן בודאן מותרVADA'AN B'VADA'AN MUTAR- [of the Asurin Lavo b'Kahal, the ones who are prohibited from marrying into the Jewish people of unsullied lineage,] the ones who are [prohibited] for certain (and not because of a doubt) are permitted [to marry each other]

10)[line 36]שתוקיSHESUKI

A Shesuki is a person (male or female) whose paternal lineage is in doubt, and the possibility exists that he is a Mamzer (see below, entry #15). The term is derived from the word Shesikah, silence, since when he calls for his father, his mother tells him to be silent.

11)[line 36]אסופיASUFI

An Asufi is a person (male or female) whose paternal and maternal lineage is in doubt, and the possibility exists that he is a Mamzer (see below, entry #15). The term is derived from the word Le'esof, to gather or bring in, since he was brought in from the streets not knowing the identity of his parents.

12)[line 37]וכותיKUSI

See Background to Kidushin 72:5.

74b----------------------------------------74b

13)[line 5]מצידה תברהMI'TZIDAH TAVRAH- (lit. the thing that breaks it is at its side) bringing the argument to its logical conclusion will reveal that the case itself contains the refutation to the argument

14)[line 23]כרבי דוסתאי בן יהודהK'REBBI DOSTAI BEN YEHUDAH- who rules that a Kohen is permitted to marry the daughter born to a Chalal and a Jewish woman (Kidushin 77a)

15)[line 33]וממזרMAMZER

(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 (see Background to Kidushin 32:16). 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 (fem. Mamzeres). 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 Aseh 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 (Devarim 23:3). 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).

16)[line 33]כל שהוא בלא יבאKOL SHE'HU B'LO YAVO- any union that is prohibited with the prohibition of "Lo Yavo," even Chayavei Lavin (see previous entry)

17)[line 34]שמעון התימניSHIMON HA'TIMNI- Shimon from Timnas/Timnah (RASHI to Beitzah 21a DH ha'Timni), identified with the village Tibnah, located on the road between Beis Shemesh and Yavneh. At the time of Bayis Sheni it was the major city of the district.

18)[line 35]כרת בידי שמיםKARES B'YEDEI SHAMAYIM

(a)Some sins are so severe that they are punished with Kares, or "being severed" from the world and dying before one's time. One who deliberately transgresses a commandment that is punishable with Kares receives Kares even if nobody witnessed his act, and even if nobody warned him at that time he transgressed that his violation carries the consequence of Kares. This punishment is not administered by the courts, but through divinely administered justice.

(b)Another divinely administered punishment that involves untimely death is Misah b'Yedei Shamayim, death at the hands of heaven. The commentaries explain that there are two main differences between Kares and Misah b'Yedei Shamayim (see TOSFOS YEVAMOS 2a DH Eshes Achiv; RABEINU YONAH in Sha'arei Teshuvah, 3:6; TIFERES YISRAEL Sanhedrin 9:6):

1.One who is punished with Kares will die before age 60 (according to the Bavli, Moed Katan 28a, or before the age of 50, according to the Yerushalmi, Bikurim 2:1), while one punished with Misah b'Yedei Shamayim will die after the age of 60 but before his time has come (according to the Bavli, or before the age of 60, according to the Yerushalmi, ibid.)

2.When one is punished with Kares, even his children (who are minors at the time of his sin) die, and he bears no further children. When one is punished with Misah b'Yedei Shamayim, only he is punished and not his children (Yevamos 55a and Rashi there; however, according to RIVA in Tosfos Yevamos 2a DH Eshes, this only applies to the sins for which the Torah specifies the punishment of "Ariri," i.e. having relations with one's paternal brother's wife or with one's paternal uncle's wife).

3.Some add that when punished with Kares, the sinner's cattle and possessions slowly expire until he is left destitute - see Insights to Yevamos 73:2.

(c)There is a form of Kares which applies to specific sins in which the sinner not only dies before his time but is not granted any portion in the World to Come as well (Sanhedrin 64b).

19)[line 36]מיתת בית דיןMISAS BEIS DIN (ARBA MISOS BEIS DIN)

(a)Arba Misos Beis Din, the four death penalties administered by Beis Din, in their order of stringency are:

1.Sekilah (stoning)

2.Sereifah (burning with molten lead, which is poured down the throat)

3.Hereg (killing with a sword) (Sefer ha'Chinuch #50)

4.Chenek (strangulation) (Sefer ha'Chinuch #47)

(b)According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b), the order of their stringency is Sereifah, Sekilah, Chenek and Hereg.

20)[line 37]גר עמוני ומואביGER AMONI U'MOAVI

(a)Moav and Ben Ami were the illegitimate children of Lot (Bereishis 19:30-38). They became the fathers of the nations of Moav and Amon. The Torah prohibits these nations from marrying into the Jewish people, as the verse states, "Lo Yavo Amoni u'Moavi b'Kehal HaSh-m, Gam Dor Asiri..." - "An Amoni or Moavi shall not enter into the congregation of HaSh-m; even to their tenth generation [shall they not enter into the congregation of HaSh-m forever]" (Devarim 23:4). This prohibition only applies to the males of these two nations (ibid. 23:5; see Yevamos 76b-77a).

(b)According to most opinions this prohibition does not apply today because the Moavim and Amonim about whom the Torah speaks have become lost among the nations (SEFER HA'CHINUCH # 563, 564). In fact, the Gemara records a case where Rebbi Yehoshua allowed a male Amoni convert to marry a Jewess of unsullied lineage, claiming that the original Amonim have been lost since they were dispersed by the king of Ashur (Berachos 28a).

21)[line 43]בן תשע שנים ויום אחדBEN TESHA SHANIM V'YOM ECHAD (BI'AS BEN TESHA V'YOM ECHAD)

(a)A male less than nine years of age is not considered to be capable of having marital relations. When he reaches the age of nine, he is considered able to have relations for all Halachic considerations.

(b)The ramifications of this are:

1.He acquires his Yevamah as his wife through marital relations (according to some Rishonim, mid'Oraisa; according to others, only mid'Rabanan - see Insights to Yevamos 39:2);

2.He obtains the status of a Bo'el Nidah (see Background to Kidushin 10:10) if he has relations with a Nidah;

3.If he is a Mamzer or a Nesin, he invalidates the daughter or wife of a Kohen from eating Terumah by rendering her a "Zonah";

4.If he has relations with an animal or an Ervah, they are put to death because of him (MISHNAH and RASHI, Nidah 45a).

22)[line 45]מצרי / ואדומיMITZRI / EDOMI

(a)Only the grandchild of an Egyptian or Edomite convert may marry into the Jewish people (Devarim 23:8-9; Yevamos 76b). One who marries a first or second-generation Egyptian or Edomite convert transgresses a Lav ha'Ba mi'Chlal Aseh. This prohibition applies to both male and female converts. If an Egyptian woman married to an Egyptian man converts while she is pregnant, the child who is born is a Mitzri Sheni (second-generation Egyptian).

(b)According to most opinions this prohibition does not apply today because the Egyptians and Edomim about whom the Torah speaks have become lost among the nations (SEFER HA'CHINUCH # 563, 564).

23)[line 45]ונתיןNESIN

(a)In the times of Yehoshua, the Giv'onim (a people of the Chivi, 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 (a desecration of HaSh-m's Name). 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). Earlier, 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. (This incident is not written explicitly. It is stated in the Gemara Yevamos 79a, and is based on the verse in 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)A Nesin is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that 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 Yaakov). 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).

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