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Kidushin 77
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KIDUSHIN 77-80 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [line 1] CHALAL
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow
(Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to
Gitin 79:22) or Chalalah. An ordinary Kohen (Hedyot) is permitted to marry a
widow, but not any of the other women listed above. The child from one of
the above-mentioned unions is invalidated from the Kehunah, and is called a
"Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah
(see Background to Kidushin 45:6), and made the children of a Kohen from a
Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute who has relations with a Kohen Gadol,
and a divorcee or prostitute who has relations with a regular Kohen, becomes
a "Chalalah." Female children born through such a union are also Chalalos.
Also, any Jewish woman who has relations with a Chalal becomes a Chalalah
(even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have
relations with) a Kohen, the Chalalah and the Kohen are punished with
Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has
living children from a Kohen normally eats Terumah, if she becomes a
Chalalah she may no longer eat Terumah. Similarly, although the daughter of
a Kohen normally eats Terumah until she becomes married to a non-Kohen, if
she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra
21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an
Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and
whether the child is a Chalal.
2) [line 4] GER
(a) A Kohen is prohibited to marry the daughter of a Chalal (see previous
entry), even if her mother is a Jewess of unsullied lineage. Rebbi Yehudah
rules that a Kohen is likewise prohibited to marry the daughter of a male
convert, even if her mother is a Jewess of unsullied lineage.
(b) The SHULCHAN ARUCH (Even ha'Ezer 7:21) rules that a Kohen l'Chatchilah
should not marry a woman whose parents are both converts; b'Dieved he may
remain married to her. If one of her parents is Jewish, she may marry a
Kohen l'Chatchilah, as long as her conception and birth took place after the
conversion of the parent who is a convert (Beis Shmuel ibid. 7:42).
(c) The reason a Kohen may not marry a convert is because she is in the
category of a "Zonah" (see Yevamos 60a-61a and Background to Gitin 79:22)
(Vayikra 21:7).
3) [line 12] "V'LO YECHALEL ZAR'O B'AMAV..." - "He shall not invalidate his
seed among his people..." (Vayikra 21:15)
4) [line 13] "LO YITAMA BA'AL B'AMAV, L'HECHALO." - "A husband may not
defile himself among his people for one who profanes him (i.e. his wife
whose marriage profanes him)." (Vayikra 21:4)
5) [line 20] K'SHEM SHE'BENEI YISRAEL MIKVEH TAHARAH L'CHALALOS KACH BENOS
YISRAEL MIKVEH TAHARAH L'CHALALIM - just as the union between a Chalalah and
a Yisrael (or a Levi) of unsullied lineage brings about children who are not
Chalalim, so, too, does the union between a Chalal and a Bas Yisrael (or a
Bas Levi) bring about children who are not Chalalim (lit. just as a Yisrael
of unsullied lineage purifies Chalalos as a Mikvah [purifies people who are
ritually impure], so, too...)
6a) [line 22] AM ECHAD - (lit. one nation) when both parents are Chalalim
b) [line 23] SHNEI AMAMIM - (lit. two nations) when one parent is a Chalal
and the other is a non-Kohen of unsullied lineage
7) [line 27] V'IM NAFSHECHA LOMAR - and if you desire to say otherwise [and
ask a different question on the Kal va'Chomer]
8) [line 31] 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).
(c) If her first husband did remarry her, their daughter is called Bas
Meshulachas (Nidah 69b), and she is permitted to marry a Kohen. The mother
alone is restricted since the above-mentioned verse continues with the words
"Ki So'evah Hi," which is taken to mean, "she (the mother) is an
abomination -- and not her daughter." (See SEFER HA'CHINUCH #580)
9) [line 37] ALMANAH ALMANAH ALMANAH - a Kohen Gadol who has relations with
a woman who has been widowed three times, as the Gemara proceeds to explain
10) [line 39] BI'ZEMAN SHE'HEM K'SEDER - when these changes of status
(Almanah, Gerushah, etc.) occurred specifically in this order
77b---------------------------------------77b
11a) [line 1] GUFIN MUCHLAKIM - they are different people
b) [line 1] SHEMOS MUCHLAKIM - different prohibitions
12) [line 5] NAZIR
(a) If a person makes a vow to become a Nazir without stipulating a time
period, his or her Nezirus lasts for a period of thirty days. If the person
stipulates a time period, his or her Nezirus lasts for whatever amount of
time he stipulated. During this period, the Nazir is not allowed to 1. cut
his hair; 2. become Tamei by touching or being in the same room as a corpse;
or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER
HA'CHINUCH #377). Transgressing any one of these prohibitions makes the
Nazir liable to Malkos, as long as he was warned beforehand. Our Gemara
mentions that multiple warnings will create multiple liabilities.
(b) When a Nazir completes his period of Nezirus, he must offer three
sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram
as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of
Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos
(unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves
off the hair of his head and burns it under the cauldron in which the Zero'a
of the Shelamim is cooked (Bamidbar 6:18). (SEFER HA'CHINUCH #377)
13) [line 11] "[V'HU ISHAH VI'VSULEHA YIKACH.] ALMANAH U'GERUSHAH
VA'CHALALAH ZONAH, [ES ELEH LO YIKACH...]" - "[And he shall take a wife in
her virginity.] A widow, a divorcee, a Chalalah and a prostitute, [these
women he shall not marry...]" (Vayikra 21:13-14)
14) [line 13] ISUR CHAL AL ISUR / EIN ISUR CHAL AL ISUR
(a) An object that is already prohibited by one Isur Torah cannot become
prohibited by a second one (Ein Isur Chal Al Isur). However, there are a
number of possible exceptions to this principle (when we rule Isur Chal Al
Isur) that are debated by the Tana'im (Chulin 101a):
1. Isur b'Vas Achas - Two Isurim may take effect at the same instant to
prohibit the same object.
2. Isur Kollel - The second Isur may take effect if it includes objects that
the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of
Neveilos, but Kosher foods as well).
3. Isur Mosif - The second Isur may take effect if it adds a new dimension
of Isur to the first (e.g. it prohibits the object to people who were not
included in the first Isur, or it makes the object Asur b'Hana'ah and not
just Asur to be eaten).
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take
effect on an object that is already prohibited by a less stringent Isur
(e.g. the prohibition of Gid ha'Nasheh is more stringent than the
prohibition of non-Kosher animals, since it applied to Benei Yakov when they
were still permitted to eat non-Kosher animals).
(b) According to Rebbi Shimon, an object that is already prohibited can
*never* become prohibited by another Isur, even if the second Isur is Kolel,
Mosif or Chamur.
15) [line 16] ISUR MOSIF
See previous entry.
16) [line 20] L'MEICHAL BI'TERUMAH
(a) After a crop is harvested and brought to the owner's house or yard, the
owner must separate Terumah from the crop, which he gives to a Kohen.
Kohanim and members of their households are allowed to eat Terumah, as long
as they are Tehorim. If a Kohen marries a woman who is prohibited to him
(see above, entry #1), she becomes a Chalalah and she may not eat Terumah.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must
replace what he ate in the form of a food that becomes Terumah (Tashlumei
Terumah). He returns the Keren, the amount of Terumah that he ate, to the
Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he
is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the
value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2),
and is not necessarily given to the Kohen who owned the Terumah that was
eaten.
17) [line 23] ZONAH
(a) The Torah prohibits a Kohen from marrying a Zonah, with an Isur Lav
(Vayikra 21:14). A Zonah is generally defined as a woman who had relations
with a man out of wedlock. However, the Tana'im argue about the exact
definition of who is a Zonah.
1. Some say that a Zonah is any woman who is unable to have children, since
it is not the manner for men to marry such a woman. She is prohibited to a
Kohen whether she actually had relations with a man out of wedlock or not.
Our Sugya cannot be referring to this definition of Zonah.
2. Some say that a Zonah is any woman who had relations with a man out of
wedlock, i.e. without Kidushin, or, according to others, any woman who made
herself available for all (without Kidushin).
3. Others say that the only woman who is considered a Zonah is an "Eshes
Ish," a woman who committed adultery.
4. The Chachamim say that a Zonah is a woman who had relations with a man to
whom she is prohibited (Yevamos 61b).
(b) The Halachah follows the Chachamim, who say that a Zonah is a woman (at
least three years of age) who had relations with a man to whom she is
prohibited. The Rishonim, though, argue about which Isur will make her into
a Zonah.
1. A number of Rishonim maintain that a Zonah is only a woman who had
relations with a man to whom she is prohibited with an Isur *Kares* or with
a man with whom Kidushin cannot take effect (such as an Eved or a Nochri). A
woman who had relations with a man to whom she is prohibited with only an
Isur *Lav* is not considered a Zonah. (RA'AVAD, Hilchos Isurei Bi'ah 18:1;
see also TOSFOS to Gitin 89a, DH Be'ulah, and MAHARSHA there.)
2. Others say that having relations with a man who is prohibited to her with
*any* Isur, whether it is an Isur Kares or an Isur Lav, will make her into a
Zonah. (RASHI to Yevamos 56b, 61b, and RAMBAM, Hilchos Isurei Bi'ah 18:1.)
(c) A woman who had relations with a man who is prohibited to her because of
an Isur Kehunah (for example, an Almanah (widow) who had relations with a
Kohen Gadol, and a Gerushah (divorcee) who had relations with a regular
Kohen) becomes a Chalalah, but not a Zonah. She becomes prohibited from
marrying a Kohen (Vayikra 21:7, 14) and from eating Terumah. A woman who has
relations with a man who was not always prohibited to her (such as a
"Machzir Gerushaso") does not become a Zonah and is permitted to marry a
Kohen and to eat Terumah (Yevamos 69a).
(d) A convert is also prohibited to a Kohen because of the Isur of Zonah
(Yevamos 61b). The Rishonim argue about the reason for this.
1. According to RASHI (ibid.) and the RA'AVAD (Hilchos Isurei Bi'ah 18:3),
the reason is because she had relations with a Nochri or an Eved, with whom
Kidushin cannot take effect (as mentioned above in b:1). Therefore, if she
was less than three years old when she converted, she is not considered a
Zonah and she is not prohibited to a Kohen because of the Isur of Zonah.
However, she is prohibited because of a different verse (in Yechezkel) as
taught in Kidushin 78a.
2. The RAMBAM (Hilchos Isurei Bi'ah 18:1, 3), though, says that any woman
who was not born Jewish, whether she converted or not, whether she is less
than three years old or older, is prohibited to a Kohen mid'Oraisa because
of the Isur of Zonah.
18) [line 28] NEVEILAH
A Neveilah is a carcass of an animal that died without a Halachic
slaughtering. The Torah states, "You shall not eat anything that dies by
itself (Neveilah). You shall give it to the stranger who is in your gates,
that he may eat it, or you may sell it to a Nochri, for you are a holy
people to HaSh-m, your Elokim" (Devarim 14:21). The flesh of a Neveilah is
prohibited to be eaten, and a k'Zayis or more of a Neveilah makes an object
Tamei through Maga (contact) and Masa (carrying).
19a) [line 30] ISUR CHAMUR - a prohibition that carries the punishment of
Kares (or more severe punishments). See above, entry #14
b) [line 30] ISUR KAL - a prohibition that carries the punishment of a Lav
20) [line 42] MIGRA GAR'AH? - Should his liability be decreased [after
becoming a Kohen Gadol]?
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