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1) R. ELIEZER'S OPINION REGARDING ANDROGINUS

1. A hybrid animal;
2. A torn animal (i.e. it cannot survive);
3. One born by Ceasarian section;
4. A Tumtum
5. An Androginus.

i. (Shmuel): They do not become sacrifices, even as a Temurah (if one tried to sanctify them in place of a sacrifice); if one tried to transfer the sanctity of one of these onto another animal, it does not become a sacrifice.

(b) (Mishnah): R. Eliezer says, one is liable for relations with him as a male.
(c) (Beraisa - Rebbi): I only learned 1 thing by R. Elazar Ben Shamua - R. Eliezer says, one is liable for relations with an Androginus as a male.

2) A WOMAN FORBIDDEN TO HER HUSBAND OR YAVAM

(a) (Mishnah): Some women are permitted to their husbands and forbidden to their Yevamim; some are forbidden to their husbands and permitted to their Yevamim; some are permitted to both; some are forbidden to both;
(b) These are permitted to their husbands and forbidden to their Yevamim:

1. A regular Kohen that married a widow, and his brother is a Kohen Gadol;
2. A Chalal that married a Kesherah, and his brother is a Kosher Kohen;
3. A Yisrael that married a Bas Yisrael, and his brother is a Mamzer;
4. A Mamzer that married a Mamzeres, and his brother is a Yisrael.

(c) These are forbidden to both:

1. A Kohen Gadol that married a widow, and his brother is a Kohen Gadol or a regular Kohen;
2. A Kosher (Kohen) that married a Chalalah, and his brother is Kosher;
3. A Yisrael that married a Mamzeres, and his brother is a Yisrael;
4. A Mamzer that married a Bas Yisrael, and his brother is a Mamzer.

(d) All other women are permitted to their husbands and their Yevamim.
(e) Sheniyos mid'Rabanan: if she is a Sheniyah to her husband but not to the Yavam, she is forbidden to her husband and permitted to the Yavam;

1. If she is a Sheniyah to her Yavam but not to her husband, she is forbidden to her Yavam and permitted to her husband;
2. If she is a Sheniyah to both, she is forbidden to both;
3. She does not receive any of the following: a Kesuvah; fruits (of her property); food; remnants of her property;
4. Her child is Kosher; we force her husband to divorce her.

(f) A widow married to a Kohen Gadol, a divorced woman or Chalutzah married to a regular Kohen, a Mamzeres or Nesinah married to a Yisrael, or a Bas Yisrael married to a Mamzer or Nasin - she has a Kesuvah.
(g) (Gemara) Question: Why does the beginning of the Mishnah speak of a regular Kohen that married a widow - let us teach, even if he engaged her (she is forbidden to a Kohen Gadol)!

1. Suggestion: Only because he married her, she is forbidden by a Chayavei Ase (since she is not a virgin) and a Lav - but if he engaged her, the Mitzvas Ase of Yibum overrides the Lav of a widow to a Kohen Gadol.
2. Rejection: Our entire Perek deals with women forbidden only by a Lav, and the Ase of Yibum does not override the Lav!

(h) Answer #1: Because the end of the Mishnah teaches, a Kohen Gadol that married a widow (we also taught the case of marriage in the beginning).

1. There, only because he married her, he made her a Chalalah - if he only engaged her, she would be permitted to the Yavam.
2. Objection: Rather than teaching married, similar to the end case - we should teach engaged, similar to the middle case, a Kohen Gadol that engaged a widow and has a brother that is a regular Kohen!

(i) Answer #2: Rather, the beginning teaches the case of marriage, to be similar to the neighboring case - a Chalal that married a Kesherah, and his brother is a Kosher Kohen.

1. It must be that he married her, and made her a Chalalah - had he only engaged her, she would be permitted to his brother.

(j) Question: Why teach that the Kohen married a widow - teach, even if she was a virgin (when he dies, she is a widow, and is forbidden to his brother the Kohen Gadol)!

1. Suggestion: The Tana holds that a woman falls to Yibum because of the start of the marriage (and if she was a virgin, she would be permitted to do Yibum).
2. Rejection: The Tana taught that a Kesherah married to a Chalal is forbidden to her Yavam - the start of the marriage does not cause the fall to Yibum!

(k) Answer: The case of a widow was taught to be similar to the case later in the Mishnah, a Kohen Gadol that married a widow and has a brother that is a Kohen Gadol or regular Kohen.

1. This only applies if he married a widow - if she was a virgin, she was permitted to her husband!

(a) Question (Rav Papa): According to Rav Dimi, who said that a Mitzri Sheni that married a Mitzris Rishonah, the child is a Sheni - the Mishnah should also have taught the following case:

1. A Mitzri Sheni married a Mitzris Rishonah and a Mitzris Sheniyah, and had a son from each - they are a Sheni and a Shlishi:
2. If a son marries a woman as himself (Sheni/Shlishi) - she will be permitted to him, and forbidden to his brother;
3. If a son marries a woman as his brother - she is forbidden to him, and permitted to his brother;
4. A convert is permitted to both;
5. An Ailonis is forbidden to both.

(b) Answer: The Tana omitted this case.
(c) Question: If so, he must have omitted another case - what is it?
(d) Answer: A Petzu'a Daka.
(e) Objection: You cannot say that Petzu'a Daka is omitted - it is Chayavei Lavin, and Chayavei Lavin were already taught!
(f) Counter-objection: Multiple cases of Chayavei Lavin were taught!

1. Suggestion: It teaches, a regular Kohen that married a widow, and a Chalal that married a Kesherah (even though it does not teach anything new)
2. Rejection: No, that case was needed to teach Rav Yehudah's law.

i. (Rav Yehudah): A Kesherah (Bas Kohen) is permitted to a Chalal.

3. Suggestion: It teaches, a Chalal that married a Kesherah, and a Yisrael that married a Bas Yisrael and has a brother that is a Mamzer.
4. Rejection: No, it was necessary to teach Chayavei Lavin which apply to all of Yisrael, and prohibition that do not (e.g. prohibitions of Kohanim).
5. It teaches, a Yisrael that married a Mamzeres and has a brother that is a Yisrael.

i. This shows, extra cases were taught even if they teach nothing new - Petzu'a Daka could have been taught, just the Tana omitted the case (so we can say, he also omitted the case of the Mitzri brothers).

(a) (Rav Yehudah): A Bas Kohen may marry a Chalal.

1. Suggestion: The Mishnah supports Rav Yehudah - it teaches, a Chalal that married a Kesherah.

i. We assume, 'Kesherah' refers to a Bas Kohen that is permitted to a Kohen.

2. Rejection: No, it refers to a Bas Yisrael;
3. Question: What does 'Kesherah' mean?
4. Answer: She is permitted to the congregation (of Yisrael).
5. Objection If so, 'he has a Kosher brother' - this would also mean, permitted to the congregation - implying, the Chalal is forbidden to the congregation!

i. Rather, 'Kosher' means, a Kohen - similarly, 'Kesherah' means, a Bas Kohen.

6. Rejection: Not necessarily! Each case is independent!

(b) Question (Ravin Bar Nachman - Beraisa): "They will not take, they will not take" - this teaches that women are also commanded not to marry unfitting men.
(c) Answer (Rava): Whenever the man is commanded, the woman is also; when the man is not commanded, neither is the woman.
(d) Question: But we learn this from a different verse!

1. (Rav Yehudah): "A man or woman that will do any sin" - the Torah equates women to men for all punishments.

(e) Answer #1: If from there, one would think, this only applies to Mitzvos which apply to all of Yisrael.