ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Kidushin 76
Questions
1)
(a) The Bechirim she'be'Am Darshened the Pasuk "Lo Sih'yeh Eishes ha'Meis
*ha'Chutzah* le'Ish Zar" to mean - that it is only a woman who remains
outside (i.e. who was betrothed, but not married) who requires Yibum.
(b) The third opinion (presenting the reason that Chazal forbade Kutim to
marry into the Kahal) is that of Rebbi Eliezer, who says - that the Kutim
were not experts in Halachah (in general, and in the Halachos of Yuchsin, in
particular, as we will explain shortly).
(c) And it is according to the opinion of Rebbi Eliezer that Rebbi Elazar
forbid even a Kuti to marry a Kutis (because of the possibility that one of
them is Kasher and the other is not).
2)
(a) On the basis of his contention (that Kutim are not experts in Halachos
in general), Rebbi Eliezer in a Beraisa, prohibits Matzah baked by a Kuti,
throughout Pesach. The Tana Kama permits it - even going so far as to permit
their use at the Seder as Matzos Mitzvah.
(b) Matzos baked by Nochrim (assuming one knows that they are not Chametz) -
may be eaten at the Seder-table. Hoever, if that is what one ate at the
meal, one remains obligated to eat a k'Zayis of Shemurah Matzah at the end
(because a Nochri is not eligible to bake Matzos 'le Shem Mitzvas Matzah').
(c) According to Raban Shimon ben Gamliel - even though Kutim are lax in
certain Mitzvos, there are other Mitzvos which they do observe, and those
that they do, they observe even more meticulously than other Jews.
3)
(a) According to Rebbi Eliezer, Chazal issued a decree on the Kutim
specifically with re. marriage - because they were inexpert re. the Dinim of
Gitin and Kidushin.
(b) Rav Nachman Amar Rabah bar Avuhah and Rava both qualify this,
restricting it to a couple of cases. According to Rav Nachman Amar Rabah bar
Avuhah, there were two cases of Mamzerus, by the Kutim, one where a man
married his sister and another where a man married his brother's wife. With
all these details, Rav Nachman is coming to teach us - the principle 'Yesh
Mamzer me'Chayvei K'riysus'.
(c) According to Rava, there were also two cases, one of an Eved marrying a
Kutis, and the other, of a Kuti marrying a Shifchah - though it was only the
latter which produced a Mamzer (since Rava holds 'Akum ve'Eved ha'Ba Al bas
Yisraael, ha'V'lad Kasher').
(d) In spite of the fact that according to Rav Nachman, either of the two
cases would have justified the decree, and according to Rava, only one of
the cases actually justified it, they both mention two cases - (not because
they considered it necessary, but) because that is what happened.
4)
(a) According to our Mishnah, someone who marries a Kohenes, is obligated to
examine four mothers who are really eight. The four mothers are - her mother
and her father's mother's mother; her father's mother and her father's
father's mother.
(b) When the Tana says 'which are really eight', he means - the mothers of
each of these four.
(c) One is searching for - Mamzerus or any other P'sul Kahal (see also
Tosfos DH 'Tzarich').
(d) The Tana say that a Kohen who comes to marry a Leviyah or a Yisre'elis -
needs to examine one generation higher than the previous case (see also
Tosfos DH 'ha'Nosei' and Hagahos Maharshal). Note: it is unclear why Rashi
establishes this case specifically by a Kohen (See Magid Mishnah, Isurei
Bi'ah 19:19).
5)
(a) What the daughters of a Kohen who served on the Mizbe'ach, a Levi who
ascended the Duchen to sing and a member of the Sanhedrin have in common
is - that they do not require the above examination.
(b) The other two officials' daughters whom the Tana exempts from Bedikah
are - those whose fathers (and grandfathers) are long established law
officers (i.e. Dayanim not on the Sanhedrin Ketanah) or Gaba'ei Tzadakah.
(c) Rebbi Chanina ben Antignos adds anyone who was written 'be'Asratya shel
Melech (which will be explained later in the Sugya). Rebbi Yossi adds the
daughter of anyone who served as a Dayan in Tzipori.
6)
(a) When women argue, they insult each other by referring to adulterous acts
of the disputant (rather than to a P'sul Yuchsin), whereas men refer to
their P'sul Yuchsin.
(b) This explains why the Tana requires the mothers and not the fathers to
be examined - because, if there had been a P'sul Yuchsin by any of the
fathers, we would have known about it.
(c) Chazal did not also obligate a Kohenes to examine her husband's ancestry
before she marries him - because, since the Torah does not forbid the
P'sulei Kohen on a Kohenes, they did not wish to be more stringent than the
Torah, declining to institute an examination for Yuchsin either.
(d) Rav Ada bar Ahavah quoting a Beraisa, requires twelve mothers, another
Beraisa requires sixteen. Rav Ada bar Ahavah refers to someone who marries a
Leviyah or a Yisre'elis. The Tana of the Beraisa does not necessarily argue
with out Mishnah - because he will explain 'Mosifin Aleihen Od Achas'
(written by a Leviyah ve'Yisre'elis) to mean 'Zug Achas'.
76b---------------------------------------76b
Questions
7)
(a) Our Mishnah, says Rav Yehudah Amar Rav, is the opinion of Rebbi Meir.
The Chachamim hold - that all families are presumed Kasher unless there is
reason to assume otherwise. Consequently, no Bedikah is generally necessary.
(b) In a case where a rumor, started by two witnesses, is spreading that the
woman is Pasul, has begun to spread - they will agree that Bedikah is
required.
(c) We reconcile this with a statement by Rav Chama bar Guri'a Amar Rav
establishing our Mishnah when such a rumor has began to spread, and which
Rav Yehudah Amar Rav just established like Rebbi Meir - by stating that they
beg to differ.
(d) In a second Lashon - Rav Yehudah Amar Rav cites the opinion of the
Rabbanan (as he did in the first), but Rav Chama bar Guri'a refers (not to
our Mishnah, but) to Rav Yehudah's statement, when he adds that if a rumor
began to spread, even the Chachamim concede that a Bedikah is necessary.
8)
(a) We learned in our Mishnah 'Ein Bodkin min ha'Mizbe'ach u'Lema'alah,
ve'Lo min ha'Duchan u'Lema'alah', because they would not allow a Kohen or a
Levi to serve in the Beis Hamikdash before they had examined his Yichus. The
reason that the Beraisa quoted by Rav Yosef gives for 'Ein Bodkin min
ha'Sanhedrin u'Lema'alah' is - that just as Beis-Din had to be flawless in
judgment, so too did they have to be flawless in Yichus.
(b) Mereimar learns it from the Pasuk in Shir ha'Shirim "Kulach Yafeh
Rayasi, u'Mum Ein Bach" - which cannot refer literally to blemishes, because
we have another Pasuk in Beha'aloscha "ve'Hisyatzvu Sham Imach" ('Imach
be'Domin Lach') which teaches us that.
(c) We might have refuted this answer, were it not for another Pasuk
"ve'Hakel me'Alecha ve'Nas'u Itach - because we would otherwise have
confined the Pasuk in Beha'aloscha (requiring a pure Yichus) to that
particular instance, in honor of the Shechinah that was due to appear there.
(d) The Mishnah in Sanhedrin draws a distinction between Dayanim who judge
money-matters - where everyone is eligible, and those who judge matters of
life and death - where they are not. Rav Yehudah interprets 'everyone' to
mean Mamzerim.
9)
Abaye, supported by a Beraisa, now reconciles the discrepancy between our
Mishnah (which requires Yichus for Dayanim, even concerning money-matters)
and the Mishnah in Sanhedrin (which does not) - by establishing our Mishnah
in Yerushalayim, where they were particular about Yichus in the Sanhedrin,
even though Halachically, this was not necessary.
10)
(a) 'Memashkenin al ha'Tzedakah' means - that the Gaba'ei Tzedakah had the
authority to take a security from anyone in the community who refused to pay
the amount that they assessed.
(b) It was not therefore uncommon for people from whom they had forcibly
taken a security to insult and curse them. Consequently - had they had a
P'sul Yuchsin, we would know about it, and as long as we don't, our Mishnah
permits their daughters to marry without Bedikah.
(c) 'va'Afilu be'Erev Shabbos' - only comes to enhance the previous S'vara,
because that is when people are busy preparing for Shabbos, making them more
nervous and edgy, prone to curse and insult anyone who crosses their path.
11)
(a) The inn-keeper of Rav Ada bar Ahavah, a Ger and Rav Bibi were arguing
over - were fighting for the position of mayor of the town.
(b) Rav Yosef, who was asked to arbitrate in this case ...
1. ... Darshened from the Pasuk "Som Tasim Alecha Melech mi'Kerev Achecha" -
that every major appointment can only be made to a born Jew.
2. ... initially disqualified the Ger, ruling that the position should go to
Rav Bibi.
(c) However ...
1. ... Rav Ada bar Ahavah queried the ruling, on the grounds that the
inn-keeper's mother was a born Jewess ...
2. ... causing Rav Yosef to retract (since that is indeed considered
'mi'Kerev Achecha') - and to rule that Rav Bibi should take charge of the
spiritual matters (such as Tzedakah appointments and the Gaba'us in Shul);
and the inn-keeper, the material things (such as the appointment of officers
to take charge of the town's armory, taxes and the opening and closing of
the gates).
(d) Abaye extrapolated from this incident - that inn-keepers are
well-advised to look out for guests of the caliber of Rav Ada bar Ahavah,
who know how to litigate on their behalf.
12)
(a) Rebbi Zeira and Rabah bar Avuhah used to appoint Geirim to prominent
positions (see Hagahos Redal).
(b) In Eretz Yisrael however, they would not even appoint them as Resh Kuri,
nor in Neherda'a, as Resh Garguta.
1. A Resh Kuri is - an officer in charge of the town's weights and measures.
2. A Resh Garguta - an officer in charge of watering the town's public
fields.
(c) Rebbi Yossi exempted the daughters of the Dayanim in Tzipori from
Bedikah - because they would not sign on a Dayan before they had ascertained
his Yichus. Note, that the Rambam establishes Rebbi Yossi with re. to people
who were called regularly as witnesses (as the Gemara explains 'Dayki
u'Mechasmi'), not Dayanim.
13)
(a) Rav Yehudah Amar Shmuel explains Rebbi Chanina ben Gamliel's statement
'Af Mi she'Hayah Muchtav be'Isratya shel Melech' to mean - that the
daughters of the soldiers in David-ha'Melech's army did not require Bedikah
because they only accepted Meyuchasim in the army.
(b) The reason that Rav Yehudah Amar Rav gives for this is - because a pure
Yichus stands the army in good stead in battle, and, together with Z'chus
Avos, enhances its chances of victory.
(c)
1. "Tzelek ha'Amoni" and "Uri'ah ha'Chiti" (elitists in David's army) - were
full-fledged Jews who lived in Amon and Ches, respectively.
2. "Itai ha'Giti", who was definitely a Ger - (because we are informed in
Avodah-Zarah that he was called to nullify something that had been
worshipped by Nochrim) did not actually fight. He (together with others,
such as the four hundred young men we are about to discuss) was used to
frighten the enemy.
(d) The four hundred young men who served in David ha'Melech's army - (as
part of David's scare tactics, as we just explained) were all the sons of
Yefos To'ar.
14)
(a) What was special about ...
1. ... the four hundred young men' haircuts was - that they shaved the front
of their heads and left the back long (following the practice of idolaters,
whose descendants they were).
2. ... their chariots was - that they were made of gold.
(b) In war-time, they were placed - at the head of troops (before the
fighting began).
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