YEVAMOS 70 - Dedicated l'Iluy Nishmas Hershel Avraham ben Simcha Yosef z'l by his daughter and son in law.

[70a - 56 lines; 70b - 35 lines]

1)[line 11]בדלא דיימא כללBED'LO DAIMA KLAL- (a) he whom she identifies as the father denies it, but there are no rumors regarding anyone else either (RASHI); (b) we do not know that he whom she identifies as the father had relations with her, and there are no rumors regarding anyone else either (TOSFOS DH Aval)

2)[line 12]מאי טעמא?MAI TA'AMA?- what is the reason [that one's grandson who is an Eved is not considered Jewish and is therefore unrelated to them]?

3)[line 12]"[אם אדניו יתן לו אשה וילדה לו בנים או בנות] האשה וילדיה תהיה לאדניה]""[IM ADONAV YITEN LO ISHAH,V'YALDAH LO VANIM O VANOS,] HA'ISHAH VI'LADEHA TIYEHEH LA'DONEHA"- "[If his master should give him a Nochris wife and she bears him sons or daughters,] the woman and her children shall belong to her master...." (Shemos 21:4) - This verse refers to an Eved Ivri (Jewish slave); see below, entry #31.

4)[line 14]"[ובת כהן כי תהיה אלמנה וגרושה] וזרע אין לה [ושבה אל בית אביה כנעוריה מלחם אביה תאכל...]""[U'VAS KOHEN KI SIYEHEH ALMANAH U'GERUSHAH] V'ZERA EIN LAH, [V'SHAVAH EL BEIS AVIHA KI'NE'UREHA; MI'LECHEM AVIHA TOCHEL...]"- "[And if the daughter of a Kohen is widowed or divorced] and she has no children, [then she returns to the house of her father as when she was a maiden; she may partake of the Terumah of her father....]" (Vayikra 22:13).

5)[line 15]מכל מקוםMI'KOL MAKOM- whatsoever

6)[line 17]עיין עלהAYIN ALAH- delve into it [to determine if she has any children, even if they are illegitimate]. This is derived from that which the word "Ein" is spelled with a "Yud" (see Devarim 25:7 and Bamidbar 22:13-14).

7)[line 17]אפיקתיהAFIKTEI- you utilized [that derivation]

8)[line 20]כמאןK'MAN?- according to whose [opinion does our Mishnah rule that the union of a Nochri or Eved with a Jewess produces a Mamzer]?

9)[line 20]יש ממזר מחייבי לאויןYESH MAMZER ME'CHAYAVEI LAVIN- see Background to 69:5

10)[line 21]רבנןRABANAN- [some of those] Chachamim [who disagree with Rebbi Akiva]

11)[line 22]מודוMODU- agree [since they cannot marry any Jewess (see 45a)]

12)[line 23]רבינוRABEINU- Rebbi, the compiler of the Mishnayos (and presumable the author of our Mishnah)

13)[line 25]הריני כפרתHAREINI KAPARAS- lit. I am an atonement for; I am grateful to (see also Aruch la'Ner)

14a)[line 26]כוזאKUZA- a small earthenware cup; i.e., who is a Mamzer

b)[line 27]כדאKADA- a large earthenware pitcher; i.e., who is a Kohen Gadol


15)[line 29]הערלHA'AREL- an uncircumcised [Kohen]

16)[line 31]פצוע דכא / וכרות שפכהPETZU'A DAKA / KRUS SHAFCHAH - Men who are sterile due to physical disfigurement

The Torah does not allow certain sterile men to marry a Jewess of unsullied lineage (Devarim 23:2). One of these man is a Petzu'a Daka — one whose testicles are crushed. The other is a Krus Shafchah — one whose male organ has been at least partially severed. Either of these individuals may, however, marry a convert or a freed slave (Yevamos 76a).

17)[line 32]ידעהYEDA'AH- have relations with her (see Bereishis 24:16) [after becoming a Petzu'a Daka or Krus Shafchah after they were already married]

18)[line 34]שנפצעו הביצים שלוNIFTZE'U HA'BEITZIM SHE'LO- his testicles were crushed

19)[line 35]שנכרת הגידSHE'NICHRAS HA'GID- his male organ was severed

20)[line 36]נשתייר מעטרהNISHTAYER ME'ATARAH- something remains from the crown of the male organ

21)[line 36]כחוט השערהK'CHUT HA'SE'ARAH- a hairsbreadth

22)[line 38]"תושב ושכיר [לא יאכל בו]""TOSHAV V'SACHIR [LO YOCHAL BO]"- "A dweller and a hired hand may not eat from it" (Shemos 12:45) - This verse is written with regard to a Korban Pesach (see next entry); the terms within are defined by the proceeding Gemara.

23)[line 39]בפסחB'PESACH (KORBAN PESACH)

(a)In the times of the Beis ha'Mikdash, every adult Jew is obligated to offer a Korban Pesach on the fourteenth of Nisan in the afternoon (Shemos 12:6). A Korban Pesach consists of an unblemished male lamb or goat within its first year of life. The Korban may be slaughtered in any part of the Azarah (the inner courtyard of the Beis ha'Mikdash; see Zevachim 56b).

(b)The body of the Korban is roasted in its entirety, and is eaten after nightfall together with Matzah and Maror. The Korban must be eaten within the walls of Yerushalayim (Zevachim 56b).

(c)One who is able to offer the Korban Pesach and neglects to do so receives the punishment of Kares (see below, entry #41). The Mitzvah of Korban Pesach is one of only two positive commandments that are punishable by Kares.

24)[line 39]"[וכל זר לא יאכל קדש;] תושב [כהן ו]שכיר [לא יאכל קדש]""[V'CHOL ZAR LO YOCHAL KODESH;] TOSHAV [KOHEN V']SACHIR [LO YOCHAL KODESH]"- "[And every non-Kohen may not eat that which is holy;] he who dwells [with a Kohen and] he who is hired [may not eat that which is holy]" (Vayikra 22:10) - This verse teaches who may partake of Terumah.

25)[line 43]"איש איש""ISH ISH [MI'ZERA AHARON V'HU TZARU'A O ZAV, BA'KODASHIM LO YOCHAL]"- "Any man [from the offspring of Aharon who has Tzara'as or is a Zav, he may not eat that which is holy]" (Vayikra 22:4) - This verse, too, teaches who may not partake of Terumah.

26)[line 47]מופנהMUFNEH (GEZEIRAH SHAVAH)

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of these is Gezeirah Shavah, in which two identical words (or two words that share the same root) that appear in two different sections of the Torah reveal that the Halachos applicable to one section apply to the other and vice versa.

(b)One may apply a Gezeirah Shavah only if he has received a tradition from his teachers that such a connection between the two words exists. Once the connection is established, however, then one may derive Halachos that were not specified in the tradition.

(c)A Gezeirah Shavah is unlimited; one may not pick and choose which Halachos he would like to apply. This facet of a Gezeirah Shavah is termed "Ein Gezeirah Shavah l'Mechetzah." This rule is waived in the case of an explicit teaching that precludes the application of a specific Halachah.

(d)There are three possible configurations for a Gezeirah Shavah:

1.MUFNEH MI'SHNEI TZEDADIM - If both words are seemingly unnecessary and are not used in the derivation of any other teaching, then all of the rules described above apply.

2.MUFNEH MI'TZAD ECHAD - If the word in only one of the sections is available, some maintain that such a Gezeirah Shavah is no more limited than one that is Mufneh mi'Shnei Tzedadim. Others rule that Halachos may be derived from such a Gezeirah Shavah only if there is no argument against them. This status is known as "Lemedin u'Meshivin."

3.EINO MUFNEH KOL IKAR - If neither word is free, then those opinions who maintain that a Gezeirah Shavah that is Mufneh mi'Tzad Echad is unlimited grant such a Gezeirah Shavah the status of Lemedin u'Meshivin. Those who applied Lemedin u'Meshivin to a Gezeirah Shavah that is Mufneh mi'Shnei Tzedadim rule that this one may not be used to determine any Halachos whatsoever.

27)[line 49]פיגולPIGUL

(a)If one slaughters a sacrifice with the intention to offer or eat it after the time within which it must be offered or eaten, it becomes disqualified and may not be eaten (Vayikra 7:18). The verse refers to such a sacrifice as "Pigul," which carried the connotation of "putrid" or "rejected."

(b)One who intentionally consumes at least a k'Zayis of Pigul is liable for Kares (see below, entry #41); if he eats it unintentionally then he must offer a Korban Chatas.

28)[line 49]ונותרNOSAR

(a)Any meat of a Korban which remains after the time within which it may be eaten must be burned (Vayikra 19:6).

(b)One who intentionally consumes at least a k'Zayis of Nosar is liable for Kares (see below, entry #41) (ibid. 19:8); if he eats it unintentionally then he must offer a Korban Chatas.

29)[line 49]וטמאV'TAMEI (TUM'AS HA'GUF)

(a)One who is Tamei may not partake of the meat of Korbanos (Vayikra 12:4). One who intentionally transgresses this Lav is liable for Kares (see below, entry #41); if he eats it unintentionally then he must offer a Korban Oleh v'Yored (SEFER HA'CHINUCH Mitzvah #167).

(b)It is similarly forbidden to consume meat of Korbanos when the meat is Tamei. One who intentionally consumes such meat is liable to receive Malkus.

30)[line 49]לאייLAYEI- indeed

31a)[line 50]קנוי קנין עולםKANUY KINYAN OLAM

An Eved Ivri (a Jewish slave) is obligated to work for his master for only six years. If at the termination of six years he wants to continue working for him, the master makes the slave stand near a doorpost and pierces his ear and the door with an awl. The slave then continues to serve his master until the Yovel year (Shemos 21:6).

b)[line 51]קנוי קנין שניםKANUY KINYAN SHANIM

There are two ways that a Jew can be bought as a slave. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. In either case he is obligated to work for his master for only six years (Shemos 21:6) or until the Yovel year, whichever comes first (Shemos 21:2-4).

32)[line 55]מאי ניהו?MAI HINU?- to what is it referring?

33)[line 55]תושב ושכיר ממשTOSHAV V'SACHIR MAMASH- it refers to Avadim Ivriyim acquired for years or until Yovel


34)[line 1]לא קני ליה רביהLO KANI LEI RABEI- regarding Pesach he should be obligated, since his master does not own him (he is a proper Yisrael).

35)[line 4]למדין ומשיביןLEMEDIN U'MESHIVIN- see above, entry #26

36)[line 5]שדי חד אלמדSHADI CHAD A'LAMED- use one [word] (out of the words Toshav and Sachir) for the subject into which we want to apply the Halachah (Terumah, proving that an Arel may not eat it), and one [word] for the subject from which the Halachah is learned (Korban Pesach, of which an Arel may not partake) [to provide the two Mufneh (free) words necessary to allow the Gezeirah Shavah to work — see above, entry #26]

37)[line 7]איIY- if you say

38)[line 7]האונןHA'ONEN

(a)A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter, and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen who is an Onen is prohibited from doing the Avodah (divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Bikurim or Ma'aser Sheni.

(b)For a further discussion of Aninus and the difference between Aninus mid'Oraisa and Aninus mid'Rabanan, see Background to Yoma 13:5.

39)[line 12](מעשי''ם כרותי''ם בדב''ר העב''ד)(MA'ASIM KERUSIM BI'DEVAR HA'EVED)- a mnemonic device listing the four points that make the law of Areilus more stringent:

1.Mechusar Ma'aseh and Ma'aseh b'Gufo - an action is missing (circumcision) and this action applies to the body of the Arel

2.Anush Kares - the Arel who does not circumcise himself is liable to the Kares punishment. (TOSFOS DH she'Ken suggests that it was equally possible for the Gemara to write, "Nichresu Aleha 13 Brisos" - the word Bris (covenant) appears 13 times when HaSh-m commands Avraham to perform Bris Milah — Bereishis 17:2-21, representing a very strong bond between HaSh-m and Benei Yisrael)

3.Yeshno Lifnei ha'Dibur - it applied before the Torah was given

4.Milas Zecharav v'Avadav Me'akeves - the circumcision of the male members of a person's household (who are required to be circumcised) and his male slaves prevent the head of the household from bringing a Korban Pesach

40)[line 12]מחוסר מעשהMECHUSAR MA'ASEH- an action is missing

41)[line 13]כרתKARES (KARES AND MISAH B'YEDEI SHAMAYIM: Heavenly Punishment of Untimely Death)

See Background to 71:13.

42)[line 13]וישנו לפני הדבורV'YESHNO LIFNEI HA'DIBUR- it applied before the Torah was given

43)[line 14]ומילת זכריו ועבדיו מעכבתU'MILAS ZECHARAV V'AVADAV ME'AKEVES- the circumcision of the male members of a person's household (who are required to be circumcised) and his male slaves prevent the head of the household from bringing a Korban Pesach

44)[line 15]ישנה בכל שעהYESHNAH B'CHOL SHA'AH- (lit. "it is at all hours") one may have more than one bereavement in his lifetime, but can be circumcised only once

45)[line 16]ואין בידו לתקן את עצמוV'EIN B'YADO L'SAKEN ES ATZMO- no man has the ability to cure himself from it; i.e., the cause of an Onen's mourning is not within man's control, but to make one fit by circumcision is within man's own power

46)[line 17]הנך נפישןHANACH NEFISHAN- those [points of stringency of Areilus] are greater [in number]

47)[line 18]שבקינןSHAVKINAN- [even if Areilus would not have more stringencies, you would not be able to say that we should derive Aninus from Pesach to Terumah, because] would we leave Areilus [which is written explicitly with regard to Pesach?!]

48)[line 19]בגופיה דפסחB'GUFEI D'FESACH- [it is written] explicitly with regard to the Korban Pesach

49)[line 20]ממעשר גמרינןMI'MA'ASER GAMRINAN- we derive [the Korban Pesach] from Ma'aser

50)[line 22]"[וכל עבד איש מקנת כסף] ומלתה אתו אז יאכל בו""[V'CHOL EVED ISH MIKNAS KASEF;] U'MALTAH OSO, AZ YOCHAL BO"- "[But every man's servant who is bought for money,] when you have circumcised him, then shall he eat of it (the Korban Pesach)" (Shemos 12:44).

51)[last line]"[זאת חקת הפסח] כל בן נכר לא יאכל בו""[ZOS CHUKAS HA'PASACH:] KOL BEN NECHAR LO YOCHAL BO"- "[This is the law of the Pesach:] No foreigner may eat it...." (Shemos 12:43). A "Ben Nechar" refers to (a) a Nochri or a Jew who does not fulfill the Mitzvos; (b) one who worships a foreign god (RAMBAM Korban Pesach 9:7).