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|KIDUSHIN 21 (30 Tishrei) - dedicated by Reb Mordechai Rabin (London/Yerushalayim) l'Iluy Nishmas his father, ha'Gaon Rav Gedalya Rabinowitz of Manchester, England (and in his later years, Bnei Brak, Israel). Hearing a Shiur of his was an unforgettable experience as can be attested to by his many Talmidim, both Bnei Yeshiva and Ba'alei Batim.|
It is a Machlokes Tana'im whether someone who sells a house in a walled city may borrow money and redeem the house and whether he may redeem the house in parts.
Someone who sells a Sedeh Achuzah may not redeem the field for the first two years.
A Jewish servant who is sold to a Nochri may not be redeemed in parts.
A house that is sold in a walled city may not be redeemed by relatives.
A house in a non-walled city shares the same Dinim as a Sedeh Achuzah.
R. Yehoshua says that it is a Reshus for relatives to redeem the sale of a Sedeh Achuzah or an Eved Ivri to a Nochri, while R. Eliezer holds that it is a Chov.
An Even Ivri who is sold to a Nochri and a Sedeh Achuzah shall be redeemed by relatives in order of their relation.
Rebbi holds that an Even Ivri who is sold to a Nochri and a Sedeh Achuzah
Rebbi holds that a person who sold himself as a servant to a Jew may not be redeemed by relatives.
An Eved Nirtza goes free at Yovel or with the death of the master. (1)
Rebbi Yosi Bar Yehudah holds that any instrument may be used for the Retzi'ah of a servant, while Rebbi holds that only a metal instrument may be used.
Yudan Beribi holds that the Retzi'ah shall be done in the earlobe.
The Chachamim hold that the Retzi'ah is done in the upper ear. (2)
An Eved Kohen may not be Nirtza because it will make him into a Ba'al Mum.
Rav holds that it is permitted to give an Eved Kohen a Nochri maidservant while Shmuel argues.
A servant may only do Retzi'ah if he was given a Nochri maidservant.
It is permitted for a Kohen to have relations one time with an Eshes Yefas To'ar. (3)
Rav holds that the Kohen may have relations for a second time with the Eshes Yefas To'ar after he brings her into the house. (4)
Shmuel holds that only the first Bi'ah is permitted and the Kohen may not have relations for a second time with the Eshes Yefas To'ar.
According to the second Lashon everyone agrees that the second Bi'ah with a Yefas To'ar is prohibited and it is a Machlokes Rav and Shmuel if the first Bi'ah is permitted. (5)
An Eshes Yefas To'ar is only permitted if one had an eye for her already at the time he was captured.
An Eshes Yefas To'ar is permitted even if she is an Eshes Ish.
A BIT MORE
1. He does not serve the son or the daughter or any other inheritor.
2. The reason for the Chachamim is because there is a Din that an Eved Kohen may not be Nirtza because it will make him into a Ba'al Mum and if the Retzi'ah is in the earlobe he will not be a Ba'al Mum.
3. Although a Giyores is forbidden to a Kohen the Torah permits the first Bi'ah because at a time of war the Yetzer Ha'Ra is very strong and this applies to a Kohen as well.
4. Rav holds that since the Torah permits the first Bi'ah the prohibition of a Giyores does not apply at all and the Kohen may marry her.
5. Rav holds that it is permitted because at a time of war the Yetzer Ha'Ra is very strong while Shmuel holds that since the second Bi'ah is permitted the first Bi'ah is permitted as well.
CHIDUSH OF A YEFAS TO'AR
The Gemara asks if a Kohen is permitted to a Yefas To'ar, even though a Kohen is prohibited to marry a Giyores, maybe since it is a Chidush that the Torah was Matir an Eshes Yefas To'ar even to a Yisrael there is no difference between a Yisrael and a Kohen and she is permitted even to a Kohen.. The Pnei Yehoshua asks why it is a Chidush that the Torah was Matir an Eshes Yefas To'ar? The prohibition of relations with a Nochri is not Min ha'Torah unless it was Derech Ishus (marriage) or if it was done publicly like the act of Zimri, but otherwise it is prohibited by the Beis Din of the Chashmonayim. The Ritva answers that a Bi'ah at the site of the war is regarded as public, however the Rambam holds that the first Bi'ah is permitted afterwards in the house. The Pnei Yehoshua answers according to the Rambam that the Chidush is that even an Eshes Ish is permitted even though the wife of a Nochri is forbidden with an Isur Aseh. Alternatively the Chidush is that it is permitted to marry her afterwards even though she is compelled to become a Giyores and she is not doing it willingly.
KOHEN AND A YEFAS TO'AR
A Kohen is permitted to a Yefas To'ar for the first Bi'ah because the Torah only permits an Eshes Yefas To'ar because of the Yetzer ha'Ra. However he may not marry her because a Kohen is forbidden to marry a Giyores. (Rambam Hilchos Melachim 8:4)
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