1)

YIBUM OF MEN OF UNKNOWN FATHERS

(a)

(Beraisa): Due to Safek, a man can (be obligated to) do Chalitzah to his mother, to his sister, and to his daughter.

1.

Case 1 - his mother: Reuven and Shmuel were born to Leah and Chanah, respectively, and then Leah and Chanah each had another son, and these sons became mixed up. Reuven married Chanah and Shmuel married Leah, and Reuven and Shmuel died without children. Each of the mixed up children does Chalitzah to both women. It turns out that each did Chalitzah to his mother (and his Yevamah).

2.

Case 2 - his sister: Reuven was born to Yakov and Leah, and Leah was widowed or divorced and had a daughter from another man. This daughter became mixed up with another girl. Yakov also had two sons from Esther; each of these sons married one of the mixed up girls, and died without children. Reuven does Chalitzah to both girls, one of whom is his sister.

3.

Case 3 - his daughter: Reuven's daughter became mixed with another girl. Reuven's two brothers married the two girls, and died without children. Reuven does Chalitzah to both women, one of whom is his daughter.

(b)

(Beraisa - R. Meir): A man and his wife can give birth to children from five different nations:

1.

If a Yisrael bought a slave couple with two children, and one of them converted, one of their children is a Nochri, and one is a convert;

2.

If the parents immersed to become Kanani slaves and had a child, the child is a slave;

3.

If the mother was freed and she had conceived through her 'husband', the child is a Mamzer;

4.

If the father was freed and they had a child, their five children are a Nochri, convert, slave, Mamzer and Yisrael.

(c)

Question: What do we learn from this?

(d)

Answer: It teaches that the child of a Nochri or slave from a Yisraelis is a Mamzer.

(e)

(Beraisa): A man can sell his father to collect his mother's Kesuvah.

(f)

The case is, a Yisrael bought a slave couple with a son. The master freed the mother and married her, and gave all his property to her son. The son sells his father to enable his mother to collect her Kesuvah.

(g)

Question: What do we learn from this?

(h)

Answer #1: The Beraisa is like R. Meir. It teaches that even though slaves are Metaltelim, there is a lien on them to pay a Kesuvah.

(i)

Answer #2: (The Beraisa is like Chachamim who argue with R. Meir). It teaches that slaves are like land.

2)

CHILDREN WHO BECAME MIXED UP

(a)

(Mishnah): Leah's son was mixed up with her daughter-in-law's son. The children grew up and married women and died. A son of the daughter-in-law does Chalitzah, but not Yibum. The widow is either his brother's wife, or the wife of his father's brother;

(b)

A son of Leah does Yibum or Chalitzah. The widow is either his brother's wife, or his nephew's wife (who is permitted).

(c)

If a Kosher son died (without children):

1.

If Leah's son died, each Safek (mixed-up child) does Chalitzah but not Yibum. The widow is either his brother's wife, or his uncle's wife;

2.

If the daughter-in-law's son died, one Safek does Chalitzah, and the other does Yibum (or Chalitzah. The widow is either his brother's wife, or his nephew's wife.)

(d)

If the son of a Kohen became mixed with his Shifchah's son, both of them may eat Terumah. They receive one share at the granaries;

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(e)

They may not become Tamei Mes. They cannot marry Kosher or Pasul women.

(f)

If they grew up and freed each other, the following laws apply to each:

1.

He marries a woman fit for a Kohen;

2.

He may not become Tamei. If he did, he is not lashed;

3.

He may not eat Terumah. If he ate, he does not pay the principal, nor an added fifth;

4.

He does not receive a share of Terumah at the granaries. He sells Terumah that he separates from his own produce, and keeps the money;

5.

He does not get a share of Kodshim of the Mikdash. We do not give to him Kodshim [to offer. If he comes to offer a Korban], we do not take his [Korban] from him;

6.

He is exempt from giving Matanos (the foreleg, jaw and stomach of a Chulin animal);

7.

His firstborn animals graze until they get a blemish;

8.

We put on him the stringencies of a Kohen and of a Yisrael.

(g)

(Gemara) Question: Why are the definite children called Kesherim? The ones who are mixed are not illegitimate!

(h)

Answer (Rav Papa): Indeed, it should say 'the definite children.'

(i)

(Mishnah): If the daughter-in-law's son died, one Safek does Chalitzah, and the other does Yibum.

(j)

Chalitzah must be done before Yibum. A Safek cannot do Yibum first, lest he is from the mother-in-law, and they transgress Yevamah l'Shuk (a Shomeres Yavam having Bi'ah with a stranger).

3)

A KOHEN WHO BECAME MIXED UP WITH A SLAVE

(a)

(Mishnah): If a Kohen's son became mixed up ...

(b)

Question: Obviously, they only get Echad (one share) at the granaries!

(c)

Answer: It should say, they get a share only if they are k'Echad' (together). This is like the opinion that we distribute Terumah to a slave only if his master is with him:

1.

(Beraisa - R. Yehudah): We distribute Terumah to a slave only if his master is with him;

2.

R. Yosi says, he can say "if I am a Kohen, give for my sake. If I am a slave, give me for my master."

3.

In R. Yehudah's area, receiving Terumah was grounds to establish a person to have proper lineage (for marriage). In R. Yosi's area, it was not.

(d)

(Beraisa - R. Elazar bar Tzadok): I only testified once, and they established a slave as a Kohen based on my testimony.

(e)

Question: This cannot be! Hash-m does not allow a pitfall to come even through the animals of Tzadikim, all the more so, through Tzadikim themselves!

(f)

Correction: Rather, they sought to establish a slave as a Kohen based on his testimony;

1.

He saw a man receive Terumah in R. Yosi's region, and testified in R. Yehudah's region.

(g)

(Beraisa): There are 10 categories to whom we do not distribute Terumah at the granaries: a deaf person, lunatic or minor; a Tumtum or Androginus; a slave or woman; an Arel or Tamei; and a Kohen married to a Pesulah (a woman forbidden to him).

1.

In every case we send to their houses, except for a Tamei or a Kohen married to a Pesulah.