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Kidushin 67
KIDUSHIN 67 (Tamuz 22) - dedicated by Zvi and Tamara Sand of Har Nof,
Yerushalayim, for the Yahrzeit of Tamara's father, Shlomo Zevulun ben Yakov
Tzvi Ben-David.
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1) [line 6] V'NISNAYEI - and let him (the Tana of the Mishnah) teach it,
i.e. list it among the cases of the Mishnah in which Kidushin exists even
though the relationship is prohibited
2) [line 9] CHALAL
See Background to Kidushin 66:16.
3) [line 18] 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'Chlal 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).
67b---------------------------------------67b
4)[line 13, 16] "V'GAM MI'BENEI HA'TOSHAVIM HA'GARIM IMACHEM, MEHEM TIKNU,
[UMI'MISHPACHTAM ASHER IMACHEM,] ASHER HOLIDU B'ARTZECHEM; [V'HAYU LACHEM
LA'ACHUZAH.]" - "Moreover of the children of the nations that sojourn among
you, of them shall you buy (slaves), [and of their families that are with
you,] which they fathered in your land; [and they shall be your
possession.]" (Vayikra 25:45)
4) [line 19] AMONIS (AMONI / MOAVI)
(a) Moav and Ben Ami were the illegitimate children of Lot (Bereishis
19:30-38). They became the fathers of the nations of Moav and Amon. The
Torah prohibits these nations from marrying into the Jewish people, as the
verse states, "Lo Yavo Amoni u'Moavi b'Kehal HaSh-m, Gam Dor Asiri..." - "An
Amoni or Moavi shall not enter into the congregation of HaSh-m; even to
their tenth generation [shall they not enter into the congregation of HaSh-m
forever.]" (Devarim 23:4). This prohibition only applies to the males of
these two nations (ibid. 23:5; see Yevamos 76b-77a).
(b) According to most opinions this prohibition does not apply today because
the Moavim and Amonim about whom the Torah speaks have become lost among the
nations (SEFER HA'CHINUCH # 563, 564). In fact, the Gemara records a case
where Rebbi Yehoshua allowed a male Amoni convert to marry a Jewess of
unsullied lineage, claiming that the original Amonim have been lost since
they were dispersed by the king of Ashur (Berachos 28a).
5) [line 22] U'MATU BAH MISHUM D'REBBI YANAI - [there are] those who, with
[regard to] this [teaching,] lean [towards citing it] in the name of Rebbi
Yanai
6) [line 34] B'ESHES ACH SHE'YESH LAH HETER B'MAKOM MITZVAH (YIBUM)
(a) If a married man dies childless and has brothers who survive him, his
widow or widows may not remarry until one of her husband's paternal brothers
performs Yibum (levirate marriage) or Chalitzah (levirate release) with one
of them, as it states in Devarim 25:5-10. Chazal learn from the verses that
if there are a number of brothers, there is a preference for the oldest
brother to perform Yibum or Chalitzah (Yevamos 24a). If the conditions for
the Mitzvah of Yibum do not exist, marital relations between a man and his
brother's wife are prohibited and make them liable to the punishment of
Kares.
(b) Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be
accomplished only through Bi'ah and not through Kesef or Shtar (see
Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that
one should precede Yibum with an act similar to Kidushei Kesef or Shtar,
which is known as Ma'amar (see Background to Nedarim 74:4).
(c) If the live brother does not wish to marry the dead brother's widow, he
must perform Chalitzah. To do so, he appears before a Beis Din of three and
states, "I do not want to marry her," after which his sister-in-law
approaches him before the elders, takes off his right sandal and spits in
front of him. She then declares, "This is what shall be done to the man who
will not build up a family for his brother." After this process is
completed, she is free to marry whomever she wants.
(d) The *connection* of the live brother or brothers to the dead man's widow
or widows, which prevents the widows from marrying without Yibum or
Chalitzah, is called "Zikah," and a widow who is thus prevented from
remarrying is called a "Zekukah." Another name for a widow who awaits Yibum
or Chalitzah is a "Shomeres Yavam." It is forbidden for a woman to have
relations with anyone other than the Yavam while she is a Shomeres Yavam.
This is known as the prohibition of "Yevamah la'Shuk" - "a Yevamah [who is
prohibited] to anyone from outside [her husband's siblings]. If she
transgresses this prohibition and has relations with a man other than the
Yavam, she has violated a Lo Sa'aseh (Devarim 25:5) and both she and her
suitor are punished with Malkos. Some Tana'im and Amora'im maintain that if
she accepts Kidushin from someone while she is a Shomeres Yavam, the
Kidushin is not legally binding (Yevamos 92b, Sotah 18b).
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