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YEVAMOS 16

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12th CYCLE DEDICATIONS
 
YEVAMOS 16 (2 Sivan) - This Daf has been dedicated in memory of Harry Bernard Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and sons-in-law.

SUMMARY

In the times of Rebbi Dosa ben Hurkinus, a Tzarah of an Ervah was permitted to do Yibum. (1)
 
Chagai ha'Navi said that a Tzarah of an Ervah is forbidden to do Yibum, and that the residents of Amon and Mo'av separate Ma'aser Ani during Shevi'is, and that we accept Gerim from Karduyim and Tarmudim.
 
There were many cities that were captured by the Olei Mitzrayim but not by the Olei Bavel.
 
The first Kedushah of Eretz Yisrael was only temporary, and therefore the Olei Bavel decided to leave the area of Amon and Mo'av unsanctified so that the poor would have food to eat during Shevi'is. (2)
 
No Gerim form Kartuyim may marry into the Jewish people. Even though they are Jewish, they are Mamzerim.
 
Tana Kama: Clothing in Rekem that is spotted with the blood of a Nidah is Tahor. Rebbi Yehudah: It is Tamei, because the people of Rekem are Gerim but do not realize it. (3)
 
There are two contradictory statements attributed to Rebbi Yochanan regarding whether we accept Gerim from the residents of Tarmod.
 
According to the opinion that Gerim are not accepted from Tarmod, the reason is that the residents are descendants of the servants of Shlomo ha'Melech who married Jewish women, or they were offspring of the daughters of Yerushalayim who were seized by the Nochrim at the time of the destruction of the Beis ha'Mikdash. (4)
 
The verse, "I was a youth and now I am an old and I have never seen a Tzadik abandoned," is a statement of an angel.
 
At the time of the destruction of the Beis ha'Mikdash, the nations of Amon and Mo'av were more concerned with burning the Sifrei Torah that bans them from marrying into Klal Yisrael than with looting the gold and silver.
 
If a Nochri performs Kidushin with a Jewish girl in the places to which the Ten Tribes were exiled, it is regarded as a Safek Kidushin. (5)

A BIT MORE

1. This is conclusive proof that Beis Shamai did act upon their words.
 
2. Even though the Dinim of Shevi'is did apply, in the times of the first Beis ha'Mikdash, to the parts of Amon and Mo'av that were captured from Sichon and Og, in the times of the second Beis ha'Mikdash the people did not sanctify that part of Eretz Yisrael and thus it was exempt from the laws of Shevi'is. Rather, they decreed that the residents of the area should separate Ma'aser Ani during Shevi'is so that the poor people of Eretz Yisrael would have something to rely on during the year of Shevi'is. Additionally, the poor people could collect the Leket and Pe'ah from the fields of Amon and Mo'av, and also have the possibility of getting a job working in the fields of Amon and Mo'av during Shevi'is.
 
3. According to the Tana Kama, the blood is Tahor because they are Nochrim. The decree of the Rabanan that a blood stain from a Nidah is Tamei does not apply to Nochrim.
 
4. This opinion maintains that if a Nochri or a servant marries a Jewish woman, the child will be a Mamzer. Therefore, they did not accept Gerim from Tarmod (because the residents were Mamzerim).
 
5. This is because of the possibility that he is actually a Jewish descendant from the Ten Tribes. Even though the majority of the people in the area are not from the Ten Tribes, since the area in which the Kidushin took place is where the Ten Tribes live, we do not follow the majority. Instead, we regard it as a balanced Safek.

BRIEF INSIGHT

THE BROTHER OF REBBI DOSA BEN HURKINUS AND REBBI AKIVA
 
The Gemara says that the brother of Rebbi Dosa ben Hurkinus told Rebbi Akiva that he had not yet reached the cattle shepherds, and Rebbi Akiva retorted that he had not even reached the sheep shepherds. The Maharsha explains that the words of the brother were a reference to the earlier prophets, some of whom were cattle shepherds, such as the prophet Amos. He was implying that even though Chagai, who was a later prophet, prohibits the Tzarah of an Ervah, the early prophets permit it. Rebbi Akiva retorted that he had not yet reached even the sheep shepherds. This is a reference to Moshe Rabeinu, who was a sheep shepherd. The implication of his words is that the Halachah that the Tzarah of an Ervah is permitted originates from Moshe Rabeinu who received this Halachah on Har Sinai.

QUICK HALACHAH

MARRIAGE WITH A NOCHRI
 
If a Jewish person performs Kidushin with a Nochri girl, the Kidushin is not valid. If a Nochri performs Kidushin with a Jewish girl, it is not valid. If a Jew who is a heretic performs Kidushin with a Jewish girl, it is valid, and a Get is required to absolve the marriage. Any children born from that union has the status of a valid Jew. However, a child born from a Nochri girl, even if the father is Jewish, is regarded as a Nochri. If the mother is Jewish and the father is a Nochri, the child is a valid Jew. (Shulchan Aruch EH 44:8-9)

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