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Yevamos 78
1) [line 1] MITZRI SHENI
(a) Only the grandchild of an Egyptian or Edomite convert may marry into the
Jewish people as stated in Devarim 23:8-9 (Yevamos 76b). One who marries a
first or second-generation Egyptian or Edomite convert transgresses a Lav
ha'Ba mi'Klal Aseh. This prohibition applies to both male and female
converts. If an Egyptian woman married to an Egyptian man converts while she
is pregnant, the child who is born is a Mitzri Sheni (second-generation
Egyptian).
(b) According to most opinions this prohibition does not apply today because
the Egyptians and Edomim about whom the Torah speaks have become lost among
the nations (SEFER HA'CHINUCH # 563, 564).
2) [line 4] MACHZIR GERUSHASO
(a) It is forbidden for any Jew to remarry his wife after divorcing her, if
she married someone else in the interim (who subsequently divorced her or
died), as the Torah states, "Lo Yuchal Ba'alah ha'Rishon Asher Shilechah,
Lashuv l'Kachtah..." (Devarim 24:4). This Isur applies only if she was
married after the initial divorce; if she was raped, her ex-husband may
remarry her.
(b) The Tana'im argue as to whether the ex-husband is prohibited from
remarrying her if she became engaged (but not married) to someone else after
the initial divorce (Yevamos 11b).
3) [line 43] UBAR LAV YERECH IMO HU
There is a Machlokes whether "Ubar Yerech Imo" - "a fetus is no more than a
part of its mother's thigh" (i.e. it is considered part of the same entity as
its mother) -- or if the mother and its fetus are considered to be *two
different entities*.
4) [line 44] MAFRISH SHTEI CHATA'OS L'ACHRAYUS - one who separates two
animals for surety for a Korban Chatas (so that if one gets lost he will
offer the second one)
5) [line 48] VELAD CHATAS L'MISAH AZIL (CHAMESH CHATA'OS MESOS)
There are five Chata'os that are put to death by locking them up without food
until they die:
1. The offspring of a Chatas
2. The Temurah (see Background to Yoma 50:10) of a Chatas
3. A Chatas, the owner of which has died
4. A Chatas of a sheep or goat that became a year old (and is therefore
invalid as a Korban Chatas), the owner of which brought a different Chatas to
atone for his sins
5. A Chatas that was lost and was later found with a Mum, the owner of which
brought a different Chatas to atone for his sins (Temurah 21b)
6) [line 49] KARKAFNA!, CHAZISEI L'REISHACH BEI AMUDEI - (a) Great Skull!
(prominent person), I saw your head (your teacher, i.e. Rabah bar Nachmani)
between the pillars (of the Beis ha'Midrash of Rebbi Yochanan) (TOSFOS to
Eruvin 22b DH Karkafna); (b) Great Person! You have hit upon the exact
teaching of Rebbi Yochanan as if you personally had been present in his Beis
ha'Midrash! (RITVA ibid.)
7) [last line] RUBO U'MAKPID ALAV CHOTZETZ (CHATZITZAH)
(a) Certain Mitzvos require that there be no intervening substance
(Chatzitzah) between the person performing the action and the substance upon
which or in which the action is performed. Among these Mitzvos are Tevilah
(immersion in a Mikvah), where the person's skin must touch the water, and
the Avodah (divine service) in the Beis ha'Mikdash, during which a foreign
substance must not intervene between the Kohen and the Keli Shares
(sanctified utensil), or between the Kohen's feet and the floor of the
Azarah.
(b) An intervening substance that covers the majority of one's body and that
a person minds (and would normally remove) causes a Chatzitzah that
disqualify immersion in a Mikvah.
78b---------------------------------------78b
8) [line 4] HALECH ACHAR PAGUM SHEBI'SHENEIHEM - follow the one with the
greater flaw (when determining the status of the children)
9) [line 14] NESININ
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom the
Jewish People were commanded to destroy upon entering Eretz Yisrael) came and
presented themselves before Yehoshua as if they came from a far-off land.
Since they claimed not to be residents of Eretz Yisrael, they requested to be
converted and to make peace with the Jewish People. After Yehoshua agreed to
accept them, it was discovered that they were one of the seven prohibited
nations. Having already accepted them, Yehoshua did not want to break his
oath and covenant with them (even though they tricked him and the oath was
uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them
and decreed that they must serve as woodchoppers and water drawers to supply
the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27).
These people became known as "Nesinim," (from the root "Nasan," to give)
since they were "given over" by Yehoshua ["va'Yitenem..." - "And he made
them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing
water for the sacrificial needs as long as the Mishkan and Beis ha'Mikdash
were standing. Later in history, when David ha'Melech saw the Nesinim display
tremendous cruelty to the grandchildren of King Shaul, he extended Yehoshua's
decree of servitude for the Nesinim to the end of history, in order that they
not unite with the descendants of Avraham, Yitzchak and Yakov (Yevamos 79).
(b) Although it was decreed that the Nesinim must serve as slaves for the
Mikdash (or the needs of the congregation), they were not given full "slave"
status. Although normal slaves are prohibited from marrying Jewish women
because of the prohibition "Lo Yiheyeh Kadesh," this prohibition did not
apply to the Nesinim (TOSFOS, Yevamos 79a).
(c) Nevertheless, the Nesinim are not permitted to marry someone who was born
Jewish, just like Mamzerim. The Rishonim argue as to whether this prohibition
is mid'Oraisa or mid'Rabanan (see Insights to Yevamos 76 and 79). According
to those who maintain that they are prohibited mid'Oraisa, the Torah commands
against marrying the seven prohibited nations even if they convert to Judaism
(Yevamos 76a). Those who maintain that they are prohibited mid'Rabanan
explain that their prohibition stems from the decrees of Yehoshua and King
David, who prohibited the Nesinim from marrying into Israel either because
they were made to serve menial tasks and therefore *looked* like servants, or
in order to prevent their progeny from mingling with Israel due to their
shameful traits (see Insights to Yevamos 79:2).
10a) [line 20] DON MINAH U'MINAH
Judge from it and [entirely] from it, i.e. an analogy must be carried through
so that the case deduced agrees throughout with the case from which the
deduction was made.
b) [line 20] DON MINAH V'UKI B'ASRA
Judge from it but place the deduction in its own context, i.e. let the case
deduced by analogy be regulated by the rules that are appropriate to that
case itself.
11) [line 25] B'SHIVEVUSEI - in the neighborhood
12) [line 32] "VA'YIMAN'U REVIVIM ..." - "Therefore the showers have been
withheld, and there has been no late rain; yet you have a harlot's forehead,
[you refuse to be ashamed.]" (Yirmeyahu 3:3). [The Radak explains that in
contrast to other women, a harlot's forehead was exposed.]
13) [line 34] POSEK TZEDAKAH B'RABIM - one who pledges to give charity in
public
14) [line 34] "NESI'IM V'RU'ACH V'GESHEM AYIN..." - "Whoever boasts of a gift
that he did not give is like clouds and wind without rain." (Mishlei 25:14) -
Rashi to Ta'anis 8b offers an alternate explanation, where the word "Ayin"
refers to the clouds, the wind and the rain, and as such the verse means,
"Whoever boasts of a gift which he did not give is like a year without
clouds, wind or rain."
15) [line 41] SHE'HARAG NOV IR HA'KOHANIM - When David
was running away from King Shaul, Achimelech the Kohen Gadol, aided him by
providing him with bread and a sword, as recorded in Shmuel I 21:2-9. As a
result, King Shaul charged Achimelech and all the Kohanim of the city Nov
with treason and had them killed by Do'eg ha'Adomi (ibid. 22:9-19).
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