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YEVAMOS 85

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YEVAMOS 85 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

SUMMARY

A Bas Kohen is not prohibited from becoming Tamei with Tum'as Mes.
 
Ten groups of people from various lineages ascended to Eretz Yisrael from Bavel. (1)
 
Leviyim, Yisraelim, Chalalim, Gerim, and Charurim are permitted to intermarry with each other.
 
Gerim, Charurim (freed slaves), Mamzerim, Nesinim, Shetuki, and Asufi are permitted to intermarry with each other.
 
A Bas Kohen may marry a Chalal, because women who are Kosher are not prohibited from marrying men who are Pasul to Kehunah.
 
The Kesuvah of a Yevamah is paid from the property of her first husband. (2)
 
A woman who is a Sheniyah to the husband and not to the Yavam does not receive a Kesuvah from her husband or from the Yavam.
 
A widow who is married to a Kohen Gadol does not receive money for food from her husband since he must divorce her.
 
A divorcee who was married to a Kohen receives money for food only after the death of her husband.
 
A widow who is married to a Kohen Gadol and a divorcee who is married to an ordinary Kohen receive a Kesuvah. (3)
 
Rebbi Shimon ben Elazar: Anytime the husband or wife becomes Pasul as a result of the marriage, the wife receives a Kesuvah.
 
Rebbi: Anytime the marriage is prohibited by the Torah, the wife receives a Kesuvah. (4)
 
A Chalutzah who marries a Kohen is Pesulah to Kehunah mid'Rabanan.
 
If a Mamzer marries a Nochri maidservant, the son who is born is a servant, and if he is freed he is a Kosher Jew. (5)
 
Rebbi Akiva maintains that a child born from a union with an Isur Lav (for example, a man who remarries his former wife) is a Mamzer.
 
Rebbi Eliezer ben Yakov maintains that a child born from a union with an Isur Aseh (for example, a Kohen Gadol who marries a Be'ulah) is a Chalal.
 
Rebbi Masyah ben Cheresh says that a Safek Sotah becomes a Zonah if she has relations with her husband.
 
A Yisraelis who is engaged to or is a Shomeres Yavam to a Kohen, or who is pregnant from a Kohen, may not eat Terumah.
 
A Bas Kohen who is engaged to or is a Shomeres Yavam to a Yisrael, or who is pregnant from a Yisrael, may not eat Terumah.
 
Rebbi Meir maintains that a Zar may not eat Ma'aser.

A BIT MORE

1. These are Kohanim, Leviyim, Yisraelim, Chalalim, Gerim, Charurim (freed slaves), Mamzerim, Nesinim, Shetuki, and Asufi.
 
2. However, if the property of her first husband is insufficient to pay off the Kesuvah, the Yavam must pay the Kesuvah instead.
 
3. She also receives other benefits of the Kesuvah, such as the fruit of the Nichsei Melug that the husband ate unjustly, and she takes the clothing that remains from the dowry.
 
4. This is because the words of Torah require no support, while the words of the Rabanan do require support.
 
5. Rebbi Eliezer maintains that the child who is born is a servant Mamzer, and if he is freed he will be a Jewish Mamzer.

BRIEF INSIGHT

THE ISUR OF A SHENIYAH
 
Rebbi Shimon ben Eliezer says in the Beraisa that a Sheniyah receives a Kesuvah because she is Kosher and her child is Kosher. The Nimukei Yosef says that the Sheniyah is completely Kosher, even mid'Rabanan, and even though she married someone who is prohibited to her mid'Rabanan, she is permitted to Kehunah. The proof is that the Gemara says that a Chalutzah receives a Kesuvah according to Rebbi because she is Pesulah to Kehunah mid'Rabanan, and thus she is not the one who initiates the forbidden marriage. However, regarding a Sheniyah, Rebbi maintains that she does not receive her Kesuvah because she is the one who initiates the marriage. It must be, therefore, that neither the Sheniyah nor her child is Pesulah to Kehunah at all.

QUICK HALACHAH

A SHENIYAH TO THE HUSBAND BUT NOT TO THE YEVAMAH
 
A Yevamah who does not receive a Kesuvah from her husband because she is forbidden to him does not receive a Kesuvah from the Yavam either, just as she did not receive one from her husband. However, that is only if the Yavam did not write her a Kesuvah; he is not allowed to stay married to her without a Kesuvah. (Shulchan Aruch EH 168:9)
 
The Rambam and the Tur maintain that the Yavam may stay married to her without writing her a Kesuvah. If she is a Sheniyah to the Yavam and not to the husband, she receives a Kesuvah from the property of her first husband. (Beis Shmuel)

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