A SON WHO DOES NOT KNOW WHICH IS HIS FATHER
(Mishnah): If both of them were Kohanim...
(Beraisa): If the son wounded or cursed one possible father and then the other, or both at once, he is killed;
R. Yehudah says, if he wounded or cursed both at once, he is killed. If not, he is exempt.
Contradiction (Beraisa - R. Yehudah): If he wounded or cursed them at once, he is exempt.
Answer: Tana'im argue about R. Yehudah's opinion.
Question: What is the reason for the opinion that exempts?
Answer (R. Chanina): The Torah discusses cursing Hash-m, and cursing a parent. Just like one is liable for cursing Hash-m alone, one is liable for cursing one parent alone (and this is impossible here);
We equate wounding to cursing.
(Mishnah): He goes to the Mikdash with the Mishmar of each father (but does not get a share of Kodshim).
Question: Since he does not get a share, why does he go?
Objection: This is no question. He goes to do a Mitzvah!
Correction: Rather, why does it say 'he goes up (i.e. he must)', as opposed to 'if he went up...'?
Answer (R. Acha bar Chanina): He must go up to avoid blemishing the family.
(Mishnah): If both fathers are in the same Mishmar...
Question: When they are from different Mishmaros he receives no share, since each Mishmar can dispel him by saying '(perhaps) you are from the other Mishmar'. Also when they are from the same Mishmar, each Beis Av can dispel him! (Each Mishmar is divided into six Batei Av; each serves a different day.)
Answer (Rav Papa): If the fathers are from the same Mishmar and Beis Av, he receives one portion.
WHAT MAKES A VALID CHALITZAH
(Mishnah): The Mitzvah of Chalitzah is with three judges, even if all are commoners;
If Chalitzah was done with a Min'al (a soft leather shoe), it is Kesherah. If it was done with Anpilya (a slipper or sock), it is invalid. If it was done with a sandal that has a heel, it is Kesherah; if it has no heel, it is invalid;
From the knee and below, it is Kesherah; from the knee and above, it is invalid;
If he did Chalitzah with a sandal that is not his, or a sandal of idolatry, or of wood, or a left sandal on his right foot, it is Kesherah. If the sandal was big but he could walk with it, or small, but it covered the majority of his foot, it is Kesherah.
(Gemara) Question: Since three commoners suffice, why does the Mishnah say 'judges'?
Answer: The Mishnah teaches that we require three who can help the Yavam and Yevamah to recite the proper verses, like judges can.
Our Mishnah teaches like the following Beraisa:
(Beraisa): The Mitzvah of Chalitzah is with three who can help them recite the verses, like judges;
R. Yehudah says, it is with five.
Question: What is the source of the first Tana?
Answer (Beraisa): "Zekenim" must be at least two. A Beis Din never has an even number, so we add one.
R. Yehudah says, it says "Ziknei" and "Zekenim", making four. To avoid an even number, we add one.
Question: What does the first Tana learn from Ziknei"?
Answer: This teaches that even commoners may be used.
R. Yehudah learns this from the fact that it says "l'Einei (ha'Zekenim)".
We learned that "l'Einei" excludes blind people. If we required judges, we would not need a verse to exclude blind people!
(Rav Yosef): Just like Beis Din must be clean in righteousness, they must be clean from any blemish - "You are totally beautiful, my beloved; there is no blemish in you."
Question: What does the first Tana learn from "l'Einei"?
Answer: This teaches like Rava taught:
(Rava): "She will spit l'Einei ha'Zekenim" - the judges must see the spit leave the Yevamah's mouth.
Question: R. Yehudah also needs to expound this!
Answer: He does!
Question: If so, what is his source that commoners suffice?
Answer: He learns from "b'Yisrael" - any Yisrael.
Question: What do Chachamim learn from "b'Yisrael"?
Answer: This teaches like Rav Shmuel bar Yehudah taught, "b'Yisrael" - in a Beis Din of Yisrael, and not in a Beis Din of converts.
R. Yehudah learns this from another occurrence of the word "(Va'Yikra Shemo) b'Yisrael (Beis Chalutz ha'Na'al)".
Chachamim expound that "b'Yisrael" to teach as follows:
(Beraisa - R. Yehudah): A Chalitzah was done in front of R. Tarfon. He told everyone to say, "The one whose shoe was removed".
R. Yehudah learns this from "And his name will be called".
HOW MANY JUDGES ARE REQUIRED FOR CHALIZTAH
Question: If so (we learn two judges from "Zekenim"), all should expound "They will call to him" to require two more judges, and "They will speak to him" to require two more, making nine in all according to R. Yehudah, and seven according to Chachamim!
Answer: Those words teach different laws:
"They will call to him" - and not their messenger;
"They will speak to him" - they give him good counsel;
If he is young and she is old, or vice-versa, they tell him not to do Yibum. Rather, he should marry someone his own age, and not bring quarrels into his home.
(Rava citing Rav Nachman): The law is, Chalitzah is done in front of three, since a Stam (anonymous) Mishnah says this.
Question (Rava): If so, the same should apply to Mi'un!
(Mishnah): Mi'un and Chalitzah are done in front of three.
Suggestion: Perhaps this is the Halachah!
Rejection (Beraisa - Beis Shamai): Mi'un requires a Beis Din of expert judges;
Beis Hillel say, it may be done in Beis Din or out of Beis Din;
Both agree that three are required;
R. Yosi b'Rebbi Yehudah and R. Elazar b'Rebbi Yosi say, two suffice.
(Rav Nachman): The Halachah follows them (two suffice).
Answer #1: There is only one Stam Mishnah about Mi'un. There are two Stam Mishnayos about Chalitzah.
Objection: There also, there are two Stam Mishnayos!
(Mishnah): If she did Mi'un or Chalitzah in front of a judge he may marry her, for he is part of a Beis Din (of three, therefore we do not suspect that he permitted her in order to marry her).
Answer #2: Rather, there are only two Stam Mishnayos about Mi'un, but there are three about Chalitzah.
Objection: What difference does it make if there is one, two or three Stam Mishnayos?
Answer #3 (Rav Nachman bar Yitzchak): Rather, Rav Nachman said that three suffice because even R. Yehudah retracted and agreed to this;
(Mishnah - R. Yosi): Semichah (leaning on the Korban for a mistaken ruling of the Sanhedrin; alternatively, ordination) of judges and Eglah Arufah (beheading a calf to atone for a murder) require three judges;
R. Yehudah says, they require five;
Chalitzah and Mi'un require three.
R. Yehudah does not argue about Chalitzah. We must say that he retracted.
(Rava): The judges must fix a place for Chalitzah - "His Yevamah will ascend to the gate to the elders".
Rav Papa and Rav Huna brei d'Rav Yehoshua supervised a Chalitzah with five judges.
Question: This is like R. Yehudah, but he retracted!
Answer: They used five to publicize the matter.
Rav Kahana asked Rav Ashi to be one of five judges for Chalitzah.
Rav Kahana: Once, Rav Yehudah asked me to be one of five judges for Chalitzah
Rabanan: Why are five needed?
Rav Yehudah: This is to publicize the matter.
Rav Yehudah asked Rav Shmuel bar Yehudah to be one of five judges for Chalitzah, to publicize the matter.
Rav Shmuel bar Yehudah: "B'Yisrael" requires a Beis Din of Yisrael, not of converts, and I am a convert!
Rav Yehudah: I would force someone to pay money on the word of someone as honest as Rav Shmuel bar Yehudah.
Objection: This cannot be! "According to two witnesses a matter will be established"!
Correction: Rather, I would not allow collection of a document (Rashi; Tosfos - without an oath) if he said that the document was paid.