brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
|KIDUSHIN 73-75 - Sponsored by the Turkels of NY to merit a Refu'ah Sheleimah for Mindl Adina bas Yentl Yenta Yehudis and Yehuda Leib ben Tzipora Rochel and Avrohom Yeshaya ben Aviva, among the ailing of Klal Yisrael.|
The Tana Kama holds that everyone who is Pasul to intermarry with the Kahal invalidates a woman from Kehunah with Bi’ah including a Mitzri Sheni
R. Yosi holds that a Mitzri Sheni doesn’t invalidate a woman from Kehunah because his children are Kosher to intermarry with the Kahal.
R. Shimon Ben Gamli'el holds that a Ger Amoni or Mo’avi doesn’t invalidate a woman from Kehunah because the daughters are Kosher, however R. Yosi disagrees.
Only an Amoni and Mo’avi are forbidden to intermarry with the Kahakl but an Amonis and Mo’avis are permitted.
Everyone agrees that an Almanas Isah (a widow who was married to a Safek Chalal) is Pesulah for Kehunah
If an Arusah is pregnant it is a Machlokes between Rav and Shmu’el whether the child is a Mamzer or a Shtuki.
If a woman is pregnant and she claims that the father of the child is a Kohen (i.e. of Kosher lineage), R. Gamli’el and R. Eliezer say that she is believed while R. Yehoshuah disagrees.
R. Eliezer says that a Kusi may not marry a Kusis. (1)
A Ger after ten generations may no longer marry a Mamzeres, while some say that after the name of Avodah Zorah is forgotten from them they may no longer marry a Mamzeres. (2)
R. Akiva holds that a child born from a non-Jewish father and a Jewish mother is a Mamzer. (3)
R. Yishma’el holds that if a non-Jew or a servant has relations with a Bas Kohen or Bas Levi or Bas Yisra’el she is Pesulah for Kehunah. (4)
Ba’is Shamai holds that a Tzaras Erva whose husband died without children must do Chalitzah or Yibum and Bais Hilel holds that the Mitzvah of Yibum doesn’t apply to a Tzaras Erva.
Both Ba’is Shamai and Bais Hilel agree that only someone borne born from a Chiyuv Krisus is a Mamzer. (5)
R. Yishma’el holds that Kusim were not real Ge’irim since they only converted because they were being eaten by lions and the Kohanim who intermarried with them were Pasulim.
R. Akiva holds that Kusim were sincere Ge’irim and the Kohanim who intermarries with them were Kosher.
A BIT MORE
1. Because a Kusi is a Safek Mamzer and R. Eliezer holds that a Safek Mamzer may not marry a Safek Mamzeres
2. Because after a while it is no longer well known that he is a Ger and if he marries a Mamzeres people may think that it is permitted for a Yisra’el to marry a Mamzeres.
3. R. Akiva holds that a child born from a Chayavei Lav is a Mamzer
4. R. Yishma’el disagrees with R. Akiva that the child is a Mammzer because according to R. Akiva the child is a Mamzer so it is obvious that the woman is Pesulah to Kehuanh
5. THEREFORE IF A TZARAS ERVA FOLLOWS THE OPINION OF BA’IS SHAMAI AND DOES YIBUM THE CHILDREN ARE MAMZE’IRIM ACCORDING TO BAIS HILEL SINCE SHE MARRIED HER DECEASED HUSBAND’S BROTHER WHICH IS AN ISUR KRISUS WHEN YIBUM DOESN’T APPLY, HOWEVER THOSE THAT DO LIKE BAIS HILEL AND REMARRY WITHOUT CHALITZAH THE CHILDREN ARE NOT MAMZE’IRIM EVEN ACCORDING TO BA’IS SHAMAI BECAUSE IT IS ONLY AN ISUR LAV FOR A YAVAMAH TO REMARRY WITHOUT CHALITZAH.
CHALAL AND BAS YISRA’EL
The Tana Kama learns out that just like a Kohen Gadol and widow is a forbidden Bi’ah and the woman is invalidated from Kehunah, so too every time there is a forbidden Bi’ah the woman is invalidated from Kehunah. The Maharshah asks that a Chalal who married a Bas Yisra’el it is not a forbidden Bi’ah and even so she is invalidated from Kehunah. The Maharshah answers that a Chalal who married a Bas Yisra’el is not learned out from a Kohen Gadol who married a widow, it is a learned out from a different Pasuk and therefore even though the Bi’ah is not an Ave'irah she is invalidated from Kehunah.
A Mamzer may marry a Mamzeres if they are both definite Mamze’irim, but if one is definite and one is a Safek or if both are a Safek they are forbidden to each other because maybe one of them is a Mamzer and the other is not. What is a Safek Mamzer? If the father had relations with a woman who was Safek Mekudeshes or Safek Megureshes. (Shulchan Aruch EH 4:24)
Next Daf Index to Revach for Maseches Kidushin