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YEVAMOS 69

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YEVAMOS 69 - Dedicated l'Iluy Nishmas Hershel Avraham ben Simcha Yosef z'l by his daughter and son in law.

SUMMARY

Rebbi Akiva: A Kidushin with an Isur Lav is not valid.
 
A person who has relations with his former wife after she was married to someone else does not invalidate her to Kehunah. (1)
 
A Chalal invalidates a Bas Yisrael to Kehunah with Bi'ah even though it is a permitted relationship.
 
Rebbi Yosi: The Bi'ah of a Mitzri Sheni does not invalidate a Bas Yisrael to Kehunah. (2)
 
Raban Shimon ben Gamliel: The Bi'ah of a Ger Amoni or Mo'avi does not invalidate a girl to Kehunah. (3)
 
A Bas Yisrael who was raped or seduced, or was married to an insane man, is not invalidated to Kehunah.
 
A Bas Kohen who became pregnant from relations with a Yisrael to whom she was not married may not eat Terumah.
 
A Bas Yisrael who became pregnant from relations with a Kohen to whom she was not married may not eat Terumah until she gives birth. (4)
 
A woman who has a grandchild who is an Eved Kena'ani is not regarded as the grandmother.
 
A woman who has a grandchild who is a Mamzer is regarded as the grandmother.
 
A Bas Kohen who was married to a Yisrael and has a grandchild who is a Kohen Gadol is invalidated from eating Terumah.
 
The wife of an insane man or a Katan is exempt from Chalitzah and Yibum.
 
If a Bas Kohen has relations with a Yisrael (when not married), she may continue eating Terumah as long as she is not pregnant.
 
If a Kohen gives a Get to his wife on condition that it will go into effect a moment before he dies, she becomes forbidden to eat Terumah immediately.
 
A Bas Kohen who is widowed from a Yisrael may immerse and eat Terumah immediately up until 40 days after she was widowed. (5)
 
If a Bas Kohen who is widowed from a Yisrael continues to eat Terumah after 40 days and it turns out that she was pregnant, she must pay the Kohen. (6)
 
Rav: If an Arusah had relations with the Arus and she is pregnant, the child is a Mamzer. Shmuel: The child is a Shetuki (a Safek Mamzer). (7)
 
An alternative version of the dispute between Rav and Shmuel is that the Arusah is pregnant and she did not have relations with the Arus.

A BIT MORE

1. Since this relationship was originally permitted, it does not invalidate her to Kehunah.
 
2. Since the children of the Mitzri Sheni are valid Jews, as the Torah says that the third generation of a Mitzri convert may marry into Klal Yisrael, a girl who has relations with the Mitzri Sheni is not invalided to Kehunah.
 
3. Since the daughters of the Ger Amoni or Mo'avi may marry into Klal Yisrael, as the Torah says that only the males from Amon and Mo'av are prohibited and not the females, the girl who has relations with the Ger Amoni or Mo'avi is not invalided to Kehunah.
 
4. Once she gives birth, she may eat Terumah since she has a child from a Kohen.
 
5. This is referring to a case in which her husband dies on the day of marriage. Up until 40 days after the death of her husband, she may eat Terumah even though she might be pregnant. This is because even if she is pregnant, for the first 40 days of pregnancy the child is regarded as just a sac of water and does not prohibit her from eating Terumah.
 
6. Since she was pregnant, she is not allowed to eat Terumah and thus she must pay the value of the Terumah, plus an additional Chomesh, to the Kohen.
 
7. Even if both the Arus and the Arusah admit that they had intimate relations, the child is a definite Mamzer, according to Rav. Rava says that the child is a definite Mamzer according to Rav only if the woman is suspected of having relations with other men.

BRIEF INSIGHT

MARRIAGE TO AN INSANE PERSON
 
The Gemara says that we are not concerned that a woman who has relations (when not married) became pregnant. Rashi explains that the reason is that a woman who has an illicit relationship turns her body so that she will not conceive. Tosfos asks that according to the Mishnah, we are also not concerned that a woman who was married to an insane person has become pregnant. The reason is that even though she is married to him, she makes sure to turn her body so that she will not conceive. The reason she does not want to become pregnant is that she is afraid she will be incapable of maintaining the marriage because "a person cannot live in the same cage as a snake."

QUICK HALACHAH

THE WIFE OF A KATAN
 
The wife of a Katan or an insane person is exempt from Yibum and Chalitzah. The wife of a deaf mute, or an old or infertile woman, is like any other woman and may do Chalitzah or Yibum. (Shulchan Aruch EH 172:16)

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