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|KIDUSHIN 67 - Dedicated by a Talmid of Rabbi Kornfeld in Chicago. May Hashem bestow upon him and his wife Berachah in all their endeavors, and Yiddishe Nachas and joy from their dear children.|
A child who is born from the union of a Ger and a Manzeres is a Mamzer.
It is a Machlokes Tana’im if a Ger is permitted to marry a Mamzeres.
If a Chalal marries a Bas Yisrael it is a Machlokes if the daughters born from that union are Pesulah for Kehunah. (1)
If a Yisra’el marries a Chalalah the daughters the daughters born from that union are Kosher for Kehunah
R. Yochanan holds that if a Mitzri Sheni (second generation Ger) marries a Mitzris Rishonah (first generation Ger) the child is a Mitzri Shlishi and may marry into Klal Yisrael. (4)
R. Dimi argues with R. Yochanan and he holds that if a Mitzri Sheni marries a Mitzris Rishonah the child is a Mitzri Sheni because the status of the child goes after the mother, not the father.
If a man who is not from the seven nations has a child with a woman from one of the seven nations it is permitted to buy that child as a servant. (3)
If a man from the seven nations has a child with a woman who is not from the seven nations it is forbidden to buy the child as a servant.
A BIT MORE
1. A Chalal is someone who is born from Pasulei Kehunah (such as a widow who married a Kohen Gadol) and he is not valid for Kehunah.
2. A Ger Mitzri may not marry into Klal Yisrael; only the third generation may marry into Klal Yisrael. When a first generation Mitzri marries a second generation Mitzris R. Yochanan holds that since the Kidushin is permitted the status of the children follows the father, not the mother and since the father is a Sheni the child is a Shlishi
3. The Pasuk that states ‘do not allow any Neshamah to live’ which applies to the seven nations does not apply if only the mother is from the seven nations.
A MAMZER FROM AN INVALID KIDUSHIN
The Gemara asks for the source that a Kidushin with a Chayavei Krisus is not valid. Rashi says that the Gemara doesn’t ask for the source that a child born from a union of Chayavei Krisus is a Mamzer because the Gemara in Yevamos learns it out from a Pasuk. Tosfos asks that once we know that a child born from Chayavei Krisus is a Mamazer we also know that the Kidushin is not valid because these two things are interlinked, if the Kidushin is not valid the child is a Mamzer. R. Akiva holds that Kidushin with a Chayavei Lav is not valid and we only that from the fact that he holds a child born from a union of Chayavei Lav is a Mamzer. Tosfos answers that although these two things are interlinked according to R. Akiva, however according to R. Yehoshuah it is not the case because R. Yehoshuah holds that only a child born from Chayavei Misas Bais Din is a Mamazer and yet even so he holds that a child born from Chayavei Krisusus is not valid.
AMONI AND MITZRI
If an Amoni marries a Mitzris the child is an Amoni and a Mitzri who marries an Amonis the child is a Mitzri because with regards to the nations of the world the child follows the Pesul. If they are Megayer the child follows the Pgam of both of them, therefore a Ger Amoni who marries a Gioyores Mitzris, if the child is a male he has a Din of an Amoni who is forbidden forever and if she is a female she has a Din of a Mitzris. (Shulchan Aruch EH 4:7)
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