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YEVAMOS 66

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YEVAMOS 66 - Dedicated l'Iluy Nishmas Hershel Avraham ben Simcha Yosef z'l by his daughter and son in law.

SUMMARY

If a Kohen Gadol marries a widow, the servants of Nichsei Melug may not eat Terumah and the servants of Nichsei Tzon Barzel may eat Terumah. (1)
 
If a Bas Yisrael marries a Kohen, both the servants of Nichsei Melug and the servants of Nichsei Tzon Barzel may eat Terumah.
 
If a Bas Kohen marries a Yisrael, both the servants of Nichsei Melug and the servants of Nichsei Tzon Barzel may not eat Terumah.
 
The wife and servants of a Kohen may eat Terumah. If the wife or servants acquire other servants, they also may eat Terumah.
 
Although a Kohen who is uncircumcised or Tamei may not eat Terumah, his wife and servants may eat Terumah.
 
If a Bas Yisrael who is widowed from a Kohen has any surviving descendants from the Kohen, even if they are Mamzerim she may eat Terumah. (2)
 
Rav Yehudah: When a woman receives her Kesuvah, she may demand back the Nichsei Tzon Barzel. Rebbi Ami: She is entitled only to its monetary value. (3)
 
A Yisrael who rents a cow from a Kohen may feed the cow Terumah, but a Kohen who rents a cow from a Yisrael may not feed it Terumah.
 
A Yisrael who rents a cow from a Kohen and is obligated to pay for any devaluation may not feed the cow Terumah.
 
A Kohen who rents a cow from a Yisrael and is obligated to pay for any devaluation may feed the cow Terumah.
 
A servant of Nichsei Tzon Barzel goes free if the husband knocks out an eye or tooth but, not if it is done by the wife. (4)
 
A husband may not sell Nichsei Tzon Barzel. (5)
 
If the orphans place a garment of Nichsei Tzon Barzel on a Mes, the wife no longer has a right to the garment. (6)

A BIT MORE

1. Servants of Nichsei Melug are servants that the woman brought into the marriage but were not written in the Kesuvah. The law is that during the marriage the husband has a right to use them, but they remain in her full possession. Servants of Nichsei Tzon Barzel are servants that she brought into the marriage that were written in the Kesuvah. The husband is responsible to pay her the value of the servants when she receives her Kesuvah, even if the servants already died.
 
2. If she has a daughter who marries a Mamzer and gives birth to a son, and her daughter subsequently, dies she may eat Terumah on account of the Mamzer, even though the Mamzer is obviously not a Kohen.
 
3. Rav Yehudah: She may demand back the Nichsei Tzon Barzel because it has value to her family. Rebbi Ami: Since the husband is liable for the Nichsei Tzon Barzel, it belongs to him and she is entitled only to its monetary value.
 
4. This Beraisa is of the same opinion as Rebbi Ami: the husband keeps the Nichsei Tzon Barzel and pays only for its value.
 
5. Even if the husband and the wife sell it together, it is not a valid sale. This Beraisa is of the same opinion as Rav Yehudah, who rules that the wife may demand back the property of Tzon Barzel upon collection of her Kesuvah.
 
6. Even according to Rav Yehudah, who rules that when a woman receives her Kesuvah she may demand back the Tzon Barzel, once it is used for a Mes it is regarded as Hekdesh and it is forbidden to derive any benefit from it.

BRIEF INSIGHT

WIFE AND SERVANTS OF A KOHEN
 
The Beraisa says that if the wife or servants of a Kohen acquire servants, those servants may eat Terumah. Rashi asks that everything a servant acquires belongs to his master, and thus the acquired servants belong to the Kohen. What, then, is the novelty that they may eat Terumah? Rashi answers that the servants were acquired on condition that the master has no right to them. In such a case, the Kohen does not own the servant. Even so, the servant eats Terumah since he belongs to a servant of the Kohen. The Tosfos Yeshanim says that the same question could be asked regarding the wife of the Kohen who buys servants. The servants acquired by the wife belong to her husband, the Kohen, because everything a wife acquires belongs to her husband. The Tosfos Yeshanim says that for this question as well we may answer that they were given to her on condition that her husband has no right to them.

QUICK HALACHAH

SERVANTS OF NICHSEI MELUG AND NICHSEI TZON BARZEL
 
If a Bas Yisrael marries a Kohen, both the servants of Nichsei Melug and the servants of Nichsei Tzon Barzel may eat Terumah. If the servants of the Kohen or his wife acquire servants, the new servants may eat Terumah. (Rambam, Hilchos Terumos 7:20)

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