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1) WHAT MAKES A MAMZER?

(a) (Mishnah - R. Akiva): A Mamzer is the result of any relations forbidden by Chayavei Lavin;
(b) R. Shimon ha'Timni says, Chayavei Kerisus;

1. This is the law.

(c) R. Yehoshua says, Chayavei Misos.

1. Ben Azai: I found a scroll of lineage in Yerushalayim which says, Ploni is a Mamzer from a married woman, to fulfill the words of R. Yehoshua.

(d) If a man's wife dies, he may marry her sister; if he divorced her, then she died, he may marry her sister; if she married someone else then died, he may marry her sister.
(e) If a Yevamah died, the Yavam may marry her sister; if he did Chalitzah and she died, he may marry her sister; if she married another man and died, he may marry her sister.
(f) (Gemara) Question: What is the source of R. Akiva?
(g) Answer: "A man will not take the wife of his father, and will not reveal the wing of his father."

1. A wing that his father saw, he will not reveal.
2. R. Akiva holds as R. Yehudah, who says that this verse refers to a woman raped by his father, which is Chayavei Lavin.
3. Adjacent to this, it says "A Mamzer ..." - to teach that from such relations come Mamzerim.
4. According to R. Simai, who says that even Chayavei Lavin which are not because of kinship, and R. Yeshevav, who says even Chayavei Ase - R. Akiva learns from "*And* not" to include these cases.

(h) R. Shimon ha'Timni learns as Chachamim, that "wing of his father" refers to a Shomeres Yavam of his father, which is Chayavei Kerisus (since she was his uncle's wife).

1. Since the prohibition of a Mamzer is written next to this, we see that Chayavei Kerisus produce Mamzerim.

(i) R. Yehoshua does not learn this way - if so, the Torah should only have said "He will not reveal the wing" - there was no need for the prohibition of a father's wife in the verse!

1. Rather, the verse comes to teach, from Arayos as severe as a father's wife (Chayavei Misos) until (but not including Chayavei Kerisus), Mamzerim result.

(j) (Abaye): All admit that a Mamzer does not result from relations with a Nidah or a Sotah.

1. (The children are not Mamzerim) by a Nidah - since she can be married.

i. "*u'Tehi* (and will be) her impurity on him" - even when she is Nidah, Havayah (engagement - the word has the same root as u'Tehi') takes effect on her.

2. Also by a Sotah, marriage takes effect.

(k) A Beraisa supports Abaye.

1. (Beraisa): All admit that the child of a Nidah, Sotah, or a Shomeres Yavam (that conceived from a stranger) is not a Mamzer.

i. Abaye did not teach the case of Shomeres Yavam - he was unsure if the law is as Rav (who says that a marriage does not take effect to a stranger) or as Shmuel (who says that perhaps the verse only comes to prohibit relations with a stranger).

(l) (Beraisa - Shimon Ben Azai): I found a scroll of lineage in Yerushalayim, that said that Ploni is a Mamzer from a married woman;
(m) The scroll also said, the teachings of R. Eliezer Ben Yakov are few but clean (the law is always as him);
(n) It also said, Menasheh killed Yeshayahu.

(a) (Rava): He judged him and killed him.
(b) Menasheh: Moshe, your Rebbi, said "A person will not see me (Hash-m) and live" - and you said, "I saw Hash-m sitting on an exalted throne"!

1. Moshe, your Rebbi, said "Who is as Hash-m, our L-rd, whenever we call to him" - and you said, "Seek Hash-m when he is found"!
2. Moshe, your Rebbi, said "The number of your days I will complete" - and you said, "I will add 15 years to your days"!

(c) Yeshayahu reasoned: I know, he will not accept my answers - if I answer, I will make him an intentional sinner!

1. Yeshayahu said a name of Hash-m, and was swallowed into a cedar tree. They brought the tree and were sawing it. When they got to the place of his mouth, he died, because he had said (earlier) "I dwell among a people of unclean lips".

(d) Question: How can we resolve the questions Menasheh asked?
(e) Answer: "I saw Hash-m" - as a Beraisa teaches, all (other) prophets saw Hash-m through a glass that does not illuminate; Moshe Rabbeinu saw through an illuminating glass (only Moshe realized that he did not really see Hash-m).

1. "Seek Hash-m when he is found" - he is always found to a congregation, but not always to an individual.

i. Question: When is Hash-m found to an individual?
ii. Answer (Rav Nachman): The 10 days between Rosh Hashanah and Yom Kipur.

(f) "I will complete the number of your days" - Tana'im argue on this.