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Yevamos 69
1) [line 11] EIN KIDUSHIN TOFSIN B'CHAYAVEI LAVIN
(a) There are women whom the Torah prohibits to certain men, however, if
these men transgress a Torah prohibition and are Mekadesh (betroth) them the
Kidushin are valid. Other women are prohibited to the extent that even if the
men are Mekadesh them, the Kidushin are not valid.
(b) The Tana'im argue, based upon differing interpretations of the verses of
the Torah (Kidushin 67b-68a), with which women Kidushin are valid and with
which women Kidushin are not valid.
1. According to most of the Tana'im, Kidushin are valid with women who are
prohibited only with a Lav and/or an Aseh. Kidushin are not valid with women
who are prohibited with an Isur Kares (such as the Arayos that the Torah
prohibits in Parshas Acharei Mos, Vayikra 18:6-23).
2. Rebbi Akiva and other Tana'im are more stringent, ruling that Kidushin are
not valid even with those women who are prohibited with an Isur Lav. The
Tana'im argue further with regard to the opinion of Rebbi Akiva, as to
whether Kidushin are not valid only with some of the Chayavei Lavin (those
women who were never permitted to the man in question), or with all of them.
Additionally, one Tana claims that according to Rebbi Akiva, Kidushin are not
valid with Isurei Aseh either (see "Mamzer," Background to Yevamos 68:5).
(c) Another result of the above-mentioned argument applies to Mamzerim.
According to the opinion that rules that only Kidushin with Chayavei Kares
are not valid, the children of Chayavei Lavim are not Mamzerim. According to
Rebbi Akiva and those Tana'im who rule that Kidushin with Chayavei Lavim are
not valid either, the children of Chayavei Lavim are also Mamzerim (see
"Mamzer," in the Background to 68:5).
(d) According to all opinions, Kidushin may not be effected with a non-Jewish
maidservant or a Nochris, even though the prohibition against marrying them
is not a Isur Kares, since the institution of Kidushin does not exist with
regard to these women (see Insights to Yevamos 45:1).
2) [line 22] 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 Shilecha,
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).
3) [line 23] MI SHE'ZAR ETZLAH ME'IKARA - a man who was always a forbidden
(lit. a stranger) to her
4) [line 35] MITZRI SHENI
(a) Only the grandchild of an Egyptian or Edomi convert may marry into the
Jewish people as stated in Devarim 23:8-9 (Yevamos 78a???). One who marries a
first or second-generation Egyptian or Edomite convert transgresses a Lav
ha'Ba mi'Klal 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 which the Torah speaks have become lost among
the nations. (SEFER HA'CHINUCH # 563, 564)
*5*) [line 36] U'SHNEIHEM LO LAMDUHA ELA MI'KOHEN GADOL B'ALMANAH - (that is,
we learn that a Bi'ah Asurah prohibits her from eating Terumah from the Pasuk
"Ki Siheyeh l'Ish Zar," as the Gemara said earlier (68b), and not from
Almanah l'Kohen Gadol. Nevertheless, after the Torah teaches, in that Pasuk,
that a Bi'ah Asurah prohibits a woman from eating Terumah, we learn from
Almanah l'Kohen Gadol *what* kind of Bi'ah Pesulah prohibits her from Terumah
-- TOSFOS DH u'Sheneihim)
6) [line 52] ONES
If a man rapes a girl (between the ages of 12 and 12 1/2) he must give her
father fifty Shekalim, as stated in Devarim (22:28). This amount is the
equivalent of a dowry (Kesuvah). The man must also marry the girl and never
divorce her.
7) [line 52] MEFATEH
If a man seduces a girl (between the ages of 12 and 12 1/2), and the girl or
her father refuses to let him marry her, or if the man chooses not to marry
her, he must give the father of the girl fifty Shekalim. If he chooses to
marry her and they consent, the man is not obligated to pay anything to the
girl or his father at the time of the marriage. If he later divorces her, he
must give her the dowry (Kesuvah) of a virgin upon her divorce (Shemos
22:16).
69b---------------------------------------69b
8) [line 7] NICHBASH - and pressed himself (O.F. prese - a clothes press)
9) [line 34] SHESUKI
A Shesuki is a person (male or female) whose paternal lineage is in doubt,
and the possibility exists that he is a Mamzer. The term is derived from the
word Shesikah, silence, since when he calls for his father, his mother tells
him to be silent.
10) [line 35] D'DAIMA ME'ALMA - since she is suspected of having relations
with men other than the man who betrothed her
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