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Yevamos 68
1) [line 13] ASU BI'AS BEN TESHA SHANIM V'YOM ECHAD K'MA'AMAR B'GADOL
(a) A male less than nine years of age is not considered to be capable of
having marital relations. When he reaches the age of nine, he is considered
able to have relations for all Halachic considerations.
(a) A male less than nine years of age is not considered to be capable of
having marital relations. When he reaches the age of nine, he is considered
able to have relations for all Halachic considerations. At that stage, the
Mishnah (Nidah 45a) tells us that when the child performs Yibum it helps to
be "Koneh" the Yevamah to a certain extent, and it is as if he has performed
Ma'amar (see Background to Yevamos 58:11)
(b) The Rishonim argue as to why the Yibum of a nine year old is only
comparable to Ma'amar. According to some, mid'Oraisa the nine year old minor
acquires a Yevamah through Yibum just like a fully mature man (except that
the death sentence is not applied if his wife practices adultery -- Kidushin
19a). The Rabanan decreed, though, that Yibum should be performed again when
he becomes of age, and the Yibum he performs as a minor is only given the
status of Ma'amar (Rashi to Kidushin 19a). According to others (Tosfos
ibid.), a nine year old cannot acquire his Yevamah at all, mid'Oraisa. The
Rabanan nevertheless decreed that his Yibum should be given the status of
Ma'amar. (See Insights to Yevamos 39:2.)
2) [line 20] KUSI
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made
them settle in the Shomron. They converted to Judaism after they found
themselves under attack from lions. The Chachamim disagree as to whether
their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an image
of a dove and the Chachamim gave them the status of non-Jews. (According to
most Rishonim, this means that they decided to treat them like non-Jews
l'Chumra, even if they were Geirei Emes. According to the Rambam (Peirush
ha'Mishnayos), however, this means that they decided that their conversion
was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic
matters.)
3) [line 20] NESIN
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom the
Jewish People were commanded to destroy upon entering Eretz Yisrael) came and
presented themselves before Yehoshua as if they came from a far-off land.
Since they claimed not to be residents of Eretz Yisrael, they requested to be
converted and to make peace with the Jewish People. After Yehoshua agreed to
accept them, it was discovered that they were one of the seven prohibited
nations. Having already accepted them, Yehoshua did not want to break his
oath and covenant with them (even though they tricked him and the oath was
uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them
and appointed them to be woodchoppers and water drawers to supply the needs
for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times
of Moshe Rabeinu Giv'onim also came to be converted as they did in the times
of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos
79a, based on Devarim 29:10). These people became known as "Nesinim," (from
the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua
["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform the
tasks of chopping wood and drawing water.
(b) The Nesinim are not permitted to marry someone who was born Jewish, just
like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to
whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the
Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the
Nesinim of his generation, and Yehoshua extended the "decree" to last as long
as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended
the "decree" to include all time, even if the Beis ha'Mikdash would be
destroyed (because of the trait of cruelty that the Nesinim exhibited, which
showed that they were not worthy of uniting with the descendants of Avraham,
Yitzchak and Yakov). According to Rashi (Kesuvos 29a and elsewhere), these
decrees were prohibitions against marriage, and as such the prohibition
against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos (and
Rashi to Yevamos 37a DH Nesinei, unlike his opinion elsewhere), these decrees
were appointments of servitude. The prohibition against marrying them,
though, is mid'Oraisa, since the Torah commands against marrying the seven
prohibited nations even if they convert to Judaism (Yevamos 76a).
4) [line 21] CHALAL
(a) The Torah commands a Kohen Gadol not to marry a widow, divorcee,
prostitute or Chalalah (Vayikra 21:14). A 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 prohibited union also renders the woman a Chalalah. Similarly,
if a Chalal has relations with a Jewess, she becomes a Chalalah. The Rabanan
also prohibited all Kohanim from marrying a Chalutzah, 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 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.
5) [line 21] MAMZER
(a) There are prohibited marital relations that invalidate the ensuing
offspring and render them Mamazerim. The Tana'im argue as to the nature of
these prohibited relations. According to Rebbi Yehoshua, they must be
relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules
that all relations that are punishable by Kares, even if they are not
punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva,
even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a).
Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who
assert that he rules that only relations prohibited by a Lav produce a
Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer
(except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos
30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only
relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a
Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether
a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess
of unsullied lineage, because of the doubt, or whether he is permitted
mid'Oraisa to marry either of them, since he is not included in the category
of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).
6) [line 40] LAV HA'BA MI'CHELAL ASEH, ASEH
(a) A Mitzvas Aseh, a positive commandment, is not as stringent as a Lo
Sa'aseh in certain respects. For instance, one only receives Malkos for
transgressing a Lo Sa'aseh, not an Aseh.
(b) A Lav ha'Ba mi'Chlal Aseh is a prohibition that is learned by inference
from a Mitzvas Aseh. Since the prohibition is not explicit in the Torah but
rather is learned from inference from a Mitzvas Aseh, it is only as stringent
as a Mitzvas Aseh.
(c) An example of a Lav ha'Ba mi'Chlal Aseh is the prohibition for the Yavam
to marry the Tzarah, co-wife, of his Yevamah. The word "Aleha" in the Aseh of
"Yevamah Yavo Aleha" ("he should marry *her*") teaches that only the Yevamah
is permitted to the Yavam; the Tzarah is forbidden (RASHI Yevamos 11a, RAMBAM
Hilchos Yibum 1:12).
68b---------------------------------------68b
7) [line 4] ANINUS - The Halachic status of a mourner immediately after a
close relative's death
(a) A person is called an Onen mid'Oraisa on the day of death of one of his
seven closest relatives for whom he is required to arrange for burial (i.e.
father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim
101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom,
ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Aninus does not apply between a
man and the woman he betroths.
(b) For a further discussion of Aninus and the difference between Aninus
mid'Oraisa and Aninus mid'Rabanan, see Background to Yoma 13:5.
8) [line 6] CHAZEH V'SHOK
The chest and the hind leg of the Shelamim (peace offering) were waved in a
prescribed manner and were then given as a gift to the Kohanim, as described
in Vayikra (7:28-36)
*9*) [line 16] ASHKECHAN LI'TERUMAH, LI'KEHUNAH MENALAN - (The Gemara could
have answered this question simply by stating that once she had relations
with a man to whom she is prohibited, she is a Zonah (RASHI 61b DH
v'she'Niv'elah), and a Zonah is prohibited from marrying Kohanim (Vayikra
21:7). However, the Gemara wanted a source to prohibit the woman to Kohanim
even according to Rebbi Eliezer (61b), who rules that the "Zonah" of the
Torah is an adulteress, and not one who had relations with *anybody* to whom
she is prohibited (RITVA). According to other Rishonim (TOSFOS 61a DH
she'Niv'elah), only relations with a man who is prohibited with an Isur
*Kares* make a woman a Zonah, and therefore the woman under discussion in
this Gemara is *not* a Zonah.
10) [line 27] V'CHI MAZHIRIN MIN HA'DIN
(a) A person is only liable to Malkos mid'Oraisa if he transgresses a *Lav*
("Azharah") of the Torah that is punishable by Malkos (e.g. that is not a Lav
shebi'Chelalos, or a Lav she'Nitak l'Aseh, etc.). A prohibition that is
implied by a positive commandment is never punishable by Malkos.
(b) Similarly, a person is only liable to the death penalty for an action
that is prohibited by a negative commandment, as stated by Chazal, "Lo Anash
Ela Im Ken Hizhir" (Yoma 81a).
(c) Even though a Kal va'Chomer (an a fortiori argument, also known as "Din"
in the language of the Gemara) is one of the thirteen methods for extracting
the Halachah from the verses of the Torah, the Halachos that are learned from
them are not considered Azharos such that they may make a person liable to
Malkos or the death penalty. An Azharah must be explicit in the Torah as a
negative commandment or must be learned through a Hekesh or Gezerah Shavah.
What is learned through these methods is considered as though it were
explicitly mentioned (since they cannot be refuted based on logical grounds,
like a Kal va'Chomer can.)
11) [line 28] GILUY MILSA B'ALMA HU - [this is not really a Kal va'Chomer at
all, but] a mere "Giluy Milsa" (an indication), [because Terumah is one of
the essential Mitzvos of the Kehunah, so it stands to reason that any woman
who is forbidden to eat Terumah, is forbidden to marry a Kohen]
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