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YEVAMOS 80

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12th CYCLE DEDICATIONS
 
YEVAMOS 80 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., by his wife and daughters on his tenth Yahrzeit. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.

SUMMARY

A Seris Chamah is one who is Pasul from birth.
 
If one is presently a Seris Chamah and we know that he was also a Seris Chamah at birth, we do not suspect that he was healed in the interim.
 
Certain blemishes on an animal must be examined three times within 80 days to ascertain that they are permanent blemishes. (1)
 
Beis Hillel: As soon as a boy or girl reaches the age of twenty and has not yet developed two hairs, he or she is regarded as a Saris or an Ailonis and may not do Chalitzah. (2)
 
Rav: A Saris is regarded as a Gadol retroactively from the age of 12 or 13. Shmuel: He is not regarded as a Gadol retroactively. (3)
 
Rav: An Ailonis at the age of twelve transitions directly from a Ketanah to a Bogeres.
 
A Saris is not judged as a Ben Sorer u'Moreh, and an Ailonis is not judged as a Na'arah ha'Me'orasah.
 
A child born in the eighth month is not regarded as a Gadol until he is twenty years old.
 
A child born in the eighth month is Muktzah, but the mother may lean over and nurse him on Shabbos because otherwise it is a danger. (4)
 
A woman gave birth twelve months after her husband went overseas. Rabah Tosfa'ah declared that the child was legitimate. (5)
 
Raban Shimon ben Gamliel says that a newborn who survives thirty days is not a Nefel.
 
The indications of a Saris are a lack of facial hair, soft hair, and slick skin.
 
The indications of an Ailonis are a lack of breasts and difficulty in having intimate relations.
 
If a person has two hairs in his beard, he is regarded as a Saris only if he has all of the indications of a Saris. (6)

A BIT MORE

1. If an animal that is a Bechor has a permanent blemish, it is permitted to eat the animal outside Yerushalayim without bringing it for a Korban.
 
2. The person is regarded as such only if he or she also has the physical indications of a Saris or an Ailonis. Beis Shamai maintains that this is from the age of eighteen. Rebbi Eliezer maintains that for a male it is from the age of twenty, and for a female from the age of eighteen.
 
3. Rav: Even if the Saris subsequently develops two hairs, he is still regarded as a Gadol retroactively. Hence, if he ate Chelev after the age of thirteen, he is Chayav. Shmuel: He only becomes a Gadol at the age of twenty (and eighteen for a female, according to Rebbi Eliezer).
 
4. He is regarded as Muktzah only if his hair and fingernails were not completed at birth, since the child definitely cannot survive. If his hair and fingernails were completed at birth, he is not Muktzah, since it is possible that he could live.
 
5. We assume that she conceived from her husband before he left, and the birth of the child was delayed three months after the child was completely developed.
 
6. The status of one who does not have two hairs in his beard is the subject of dispute between Rav Huna and Rebbi Yochanan, who disagree about whether he is regarded as a Saris if he has only one of the indications of a Saris.

BRIEF INSIGHT

A HUSBAND TRAVELING OVERSEAS
 
The Gemara relates that a woman gave birth twelve months after her husband went overseas, and Rabah Tosfa'ah declared that the child was legitimate, because a birth is sometime delayed until twelve months. The Ba'al Halachos Gedolos says that even if a woman gives birth more than twelve months after her husband traveled overseas, the child is not a Mamzer, even though a child does not stay in the womb for more than twelve months. The reason is that the husband may have used the name of Hashem to somehow come back in the interim, and he fathered the child. The Rosh asks, why did Rabah Tosfa'ah say that the birth of a child is sometimes delayed until twelve months? Why did he not say instead that perhaps the husband returned in the interim? The Rosh answers that both the husband and wife admitted that he had not returned.

QUICK HALACHAH

BIRTH IN THE TWELFTH MONTH
 
If a woman gave birth twelve months after her husband went overseas, we are not concerned that the child is a Mamzer, because a birth is sometime delayed until the twelfth month. However, this is only if the woman did not engage in immoral acts. If she engaged in such acts, then we do suspect that the child is a Mamzer. (Shulchan Aruch EH 4:14)
 
If the child was born in the tenth month, then even if there is a possibility that she engaged in immoral acts, we do not suspect that the child is a Mamzer, since it is common to give birth in the tenth month. (Beis Shmuel)

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