Ask A Question on the daf

Previous daf

1) WHICH LINEAGES MAY INTERMARRY?

(a) (Beraisa - R. Yosi): A convert may marry a Mamzeres; R. Yehudah says, he may not.

1. Converts, freed slaves and Chalalim may all marry a Bas Kohen.

(b) Question: What is R. Yosi's reason?
(c) Answer: The Torah says "congregation (of Hash-m, i.e. Yisrael)" 5 times - 3 correspond to Kohanim, Levi'im, Yisraelim; 1 permits a Mamzer to marry a Shetuki (who is a doubtful Mamzer); 1 permits a Shetuki to marry a Yisrael.

1. We have no source to say that converts are part of the congregation of Hash-m (who are forbidden to marry Mamzerim).
2. R. Yehudah says that 1 "congregation" corresponds to Kohanim, Levi'im and Yisraelim - he has extra occurrences of the word to teach that converts are part of the congregation of Hash-m.
3. Alternatively - R. Yehudah agrees, 3 "congregation"s correspond to Kohanim, Levi'im, Yisraelim;

i. He holds, 1 permits a Mamzer to marry a Shetuki and also for a Shetuki to marry a Yisrael (so 1 is free to teach that converts are part of the congregation of Hash-m);
ii. "A Mamzer will not enter (marry someone from) the congregation of Hash-m" - a definite Mamzer may not enter the congregation, a doubtful Mamzer may;
iii. A Mamzer may not marry a definite member of the congregation, he may marry a doubtful member.

4. Alternatively - R. Yehudah expounds the 5 "congregation"s as R. Yosi;

i. He learns from "The congregation - there will be 1 law for you and converts".
ii. R. Yosi argues, because "One law" separates between "congregation" and "for you and converts".

(d) (Beraisa): Converts, freed slaves and Chalalim may all marry a Bas Kohen.
(e) This supports Rav.

1. (Rav): A Bas Kohen is not forbidden to marry lineages that are disqualified from Kehunah.

(f) Rav Zeira taught in Mechuza: a convert may marry a Mamzeres - he was pelted with Esrogim.

1. Rava: It is not nice to teach thusly in a city full of converts.

(g) Rava taught in Mechuza: a convert may marry a Bas Kohen - they covered him with silk.

1. He added: a convert may marry a Mamzeres - he lost the favor he had found in their eyes.
2. Rava: I am helping you - you have more options whom to marry!

(h) The law is, a convert is permitted to a Bas Kohen - as Rav; he is permitted to a Mamzeres - as R. Yosi.

(a) (Mishnah): A Shetuki is one who recognizes (his mother, not his father).
(b) (Rava): Mi'di'oraisa, a Shetuki is Kosher.
(c) Question: Why is this?
(d) Answer: The majority of men (possible fathers) are permitted to her (an unmarried woman). If the father came to her (to have relations) - we assume that he came from the majority;

1. Even if she went to him, so the (potential) prohibition is considered fixed, and we view it as an even doubt - "A Mamzer will not enter the congregation of Hash-m" - a definite Mamzer may not enter the congregation, a doubtful Mamzer may;
2. A Mamzer may not marry a definite member of the congregation, he may marry a doubtful member.

(e) Question: Why does the Mishnah say that a Shetuki may not marry people of good lineage?
(f) Answer #1: This is a decree, lest he will marry a paternal sister.

1. Objection: If so, he should not be allowed to marry a Shetukis, perhaps she is his paternal sister!
2. Answer #1: We are not concerned that every Shetuki came from the same man.
3. Objection: He should not be allowed to marry a Bas Shetukis, perhaps she is his paternal sister!
4. Answer #2: Rather, we are not concerned for this, it is unlikely.
5. Objection: If so, we should also not be concerned that a girl of good lineage is his sister!

(g) Answer #2: This was a stringency in lineage (we were only stringent by people of good lineage).
(h) (Rava): Mi'di'oraisa, an Asufi (a deserted baby) is Kosher.
(i) Question: Why is this?
(j) Answer: (In most cases), a married woman would not cast out her baby (even if he is a Mamzer) - she would claim it is from her husband;

1. Granted, a minority of married women cannot do so, i.e. if she is only Mekudeshes, or if her husband was surely abroad when the baby was conceived (and they would abandon a Mamzer);
2. But many women would abandon a Kosher baby, i.e. a single woman (that is ashamed to have conceived out of wedlock) or a married women (who conceived from her husband) that cannot feed the baby!

i. It is an even doubt - as above, a doubtful Mamzer may enter the congregation of Hash-m", and a Mamzer may marry a doubtful member of the congregation.

(k) Question: Why does the Mishnah say that an Asufi may not marry one of good lineage?
(l) Answer #1: This is a decree, lest he will marry a paternal sister. (We are not concerned for a maternal sister - we do not suspect his potential mother-in-law of having deserted a baby).

1. Objection: If so, he should not be allowed to marry an Asufis, perhaps she is his paternal or maternal sister!
2. Answer #1: We are not concerned that all deserted babies come from the same partents.
3. Objection: He should not be allowed to marry a Bas Asufi, perhaps she is his sister!
4. Answer #2: Rather, we are not concerned for this, it is unlikely.
5. Objection: If so, we should also not be concerned that a girl of good lineage is his sister!

(m) Answer #2: This was a stringency in lineage.

3) WHEN ARE WE CONCERNED FOR ASUFIM

(a) (Rabah bar Rav Huna): A baby found circumcised - he is not considered an Asufi (but rather, we assume he has proper lineage).
(b) In all these cases, a baby is not considered an Asufi:

1. His limbs are straightened, he was rubbed with oil, around his eyes was painted, ribbons are tied on him (to ward off illness), or a Kami'a, with writing or herbs inside (to ward off illness) hangs from him.

(c) If he is suspended from a date tree - if animals can reach him, he is an Asufi; if not, not.
(d) If he is suspended from a sorb tree - if it is close to the city, he is an Asufi (for such trees host damaging Shedim); if not, not.
(e) If he is found by a synagogue - if it is close to the city and many people go there, he is not an Asufi; if not, he is.
(f) (Ameimar): A baby found in a ditch (outside the city) in which pits are thrown - he is an Asufi (Shedim are frequent there).
(g) A baby found on a raft floating in the middle of the river - he is not an Asufi (for he will be found by ships); near the banks of the river - he is an Asufi.
(h) If he is found on the shoulder of the public thoroughfare - he is not an Asufi; in the public thoroughfare, he is.
(i) (Rava): In times of famine, he is not is considered an Asufi.
(j) Question: On which case does Rava speak?

1. Suggestion: If when he is found in the public thoroughfare - just because the parents cannot feed him, would they want their baby to die?!
2. Suggestion: If he was found on the shoulder of the public thoroughfare - if so, even when food is plentiful, he is not an Asufi!

(k) Answer: Rather, Rava said this regarding Rav Yehudah's teaching.

1. (Rav Yehudah): Before the baby is picked up, a couple is believed to say that they are his parents; after the baby is picked up, they are not believed to say that they are his parents.

i. (Rava): Once he is picked up, he is called an Asufi, they cannot permit him.

2. (Rava): In times of famine, even after he is picked up, they are believed to say that they are his parents.

(a) (Rav Chisda): Three people are believed right away: parents regarding an Asufi; a midwife; and a woman that (found that she is Nidah and) exempts other women. (The parents - as above.)
(b) A midwife - (Beraisa): A midwife is believed to say which of 2 twins was born first.

1. She is only believed if she never left - if she left and returned, she is not believed.
2. R. Eliezer says, if she kept her vigil, she is believed; if not, not.
3. Question: On what do they argue?
4. Answer: When she turned her face away.

(c) Question: What is the case of a woman that exempts other women?
(d) Answer (Mishnah): Three women slept in a bed; blood was found under one of them - each must be concerned that she is Nidah.

1. If 1 of them checked and found that she is Nidah, the others are Tehoros.
2. (Rav Chisda): This is only if she checked herself immediately after the blood was found.

(e) (Beraisa): A midwife is believed to say 'This child is the Kohen, this is the Levi, this is the Nasin, this is the Mamzer'.

1. This is only if no one protests - if someone protests, she is not believed.
2. Question: What is the nature of the protest?"

i. Suggestion: If 1 person protests - but R. Yochanan taught, protest must be from 2 people!

3. Answer #1: Rather, 2 people protested.
4. Answer #2: Really, 1 person protested; R. Yochanan only said that protest must be from 2 people when there is a previous Chazakah; here, there is not.

(f) A storekeeper is believed to say to which man he sold.

1. This is only when the storekeeper is holding the merchandise - if not, he is not believed.

(g) Question: Surely, he sold to the man that paid him!
(h) Answer: The case is, both paid him - he says that he willingly took from one, the other forced the money into his hand, and we do not know from which he took willingly.