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1) THE CHILD OF A SLAVE OR NOCHRI THROUGH A BAS YISRAEL

i. A slave or Nochri cannot be engaged to others - they are as Chayavei Kerisus.
ii. Question (Beraisa): A Nochri or slave that has relations with a Bas Yisrael, the child is a Mamzer; R. Shimon Ben Yehudah says, a Mamzer only comes from Ervah which is Chayavei Kerisus.

2. Retraction: Rather, Rav Yosef answered (Question 3:e:1 44B) thusly.
3. Answer #2 (Rav Yosef): Rebbi is the one that admits.

i. Even though Rebbi said, 'Only R. Akiva says this (that if Yibum was done after Chalitzah, no Get is needed), since R. Akiva considers a Chalutzah as Ervah' - and Rebbi himself argues - Rebbi admits by a Nochri or slave that has relations with a Bas Yisrael (that the child is a Mamzer).

(b) (Rav Dimi citing Rabeinu): A Nochri or slave that has relations with a Bas Yisrael, the child is a Mamzer.
(c) R. Acha redeemed captives; one was pregnant from a Nochri.
(d) (R. Ami): R. Yochanan, R. Elazar, R. Chanina - all say, the child is a Mamzer.
(e) Objection (Rav Yosef): Does a long list of names prove that this is the law? Behold, Rav and Shmuel in Bavel, and R. Yehoshua Ben Levi and Bar Kapara in Eretz Yisrael say that he is Kosher!

1. Some say that in place of 'Bar Kapara', Rav Yosef cited 'the elders of the south'.

(f) (Rav Yosef): The law is, he is a Mamzer - but this is because Rebbi says this.
(g) (Rav Dimi): Rabbeinu (Rebbi) says, the child is a Mamzer; R. Yehoshua Ben Levi says, the child is ruined.
(h) Question: To whom is the child ruined?

1. Suggestion: If to the congregation - but R. Yehoshua said, the child is Kosher!

(i) Answer: Rather, he is ruined to Kehunah.

1. All the Amora'im that say that the child is Kosher admit that he is blemished to Kehunah, from a Kal v'Chomer from a widow to a Kohen Gadol.
2. A widow that marries a Kohen Gadol - even though this prohibition does not apply to all people, the child is blemished - a Nochri or slave that has relations with a Bas Yisrael, a prohibition which applies to all, all the more so!
3. Question: We cannot learn from here, since she herself becomes defiled!
4. Answer: Here also, she becomes defiled!

i. (R. Yochanan): A Nochri or slave that has relations with a Kohenes, Leviyah or Bas Yisrael defiles her - "A Bas Kohen that will be widowed or divorced" (can return to eat Terumah) - this only applies to someone from whom there is widowhood or divorce; widowhood and divorce do not apply to a Nochri or slave.

(j) Question (Abaye to Rav Yosef): Why do you rely on what Rav Dimi said - rely on what Ravin said!

1. (Ravin): R. Nasan and R. Yehudah ha'Nasi permit the child.

i. R. Yehudah ha'Nasi is Rebbi.

(k) Rav also permits the child!

1. A man came to Rav. A Nochri or slave that has relations with a Bas Yisrael - what is the status of the child?
2. Rav: Kosher.
3. The man: Let me marry your daughter!
4. Rav: No!
5. Rav Simi Bar Chiya: People will say, a camel dances in a tiny circle (you are not showing confidence in your ruling).
6. Rav: If the man was as Yehoshua Bin Nun, I would not give him my daughter!
7. Rav Simi: If he was as Yehoshua Bin Nun, he could find other girls to marry; this man, if you don't give him your daughter, neither will others!
8. The man would not leave; Rav put his eyes on him, and he died.

(l) Rav Masneh and Rav Yehudah also permitted the child.

1. When such a case came to Rav Yehudah, he would counsel him to go to a place where he is unknown, and get married there; alternatively, he should marry a girl of similar parentage. (Even though he is permitted, children of all-Jewish parents were reluctant to marry him).

(a) Question (People of Bei Michsi): A half-freed slave that has relations with a Bas Yisrael - what is the child?
(b) Answer (Rabah): Even a full slave, the child is Kosher - all the more so, a half-slave!

(c) (Rav Yosef): Rav Yehudah rules that a slave that has relations with a Bas Yisrael, the son is Kosher - but by a half-slave, he says that the child has no solution!

1. Rav Yehudah's law was said by a half-slave that engaged a Bas Yisrael - his slave side has relations with a married woman (and this produces a Mamzer).

(d) Objection: But Nehardai say, the opinion that disqualifies the child, does so even by a single girl; the opinion that permits the child, does so even by a married woman!

1. Both opinions learn from a father's wife.

i. The opinion that says the child is a Mamzer - just as Mamzerim come from a man that fathers a child with his father's wife, because the parents could not be engaged - the same applies whenever the parents could not have been engaged.
ii. The opinion that says the child is Kosher - Mamzerim come from a man that fathers a child with his father's wife, because the father could be engaged to other people, but not the mother - a Nochri or slave cannot be engaged to anyone, so his children are never Mamzerim.

(e) Correction: Rather, R. Yehudah's teaching was said by a half-slave that has relations with a married woman - the slave half has relations with a married woman (and the child is a Mamzer).
(f) (Ravina): R. Yosi Bar Avin ruled in 2 cases. By a single girl, he ruled that the child is Kosher; by a married woman, he ruled that the child is forbidden.
(g) (Rav Sheshes): No, R. Yosi Bar Zvida ruled - and he permitted in both cases.
(h) (Rav Acha Brei d'Rava): Ameimar permitted both cases.
(i) The law is, a Nochri or slave that has relations with a Bas Yisrael, the child is Kosher, whether the mother is married or not.
(j) Rava ruled that Mari Bar Rachel is Kosher, and gave him a position of authority.

1. Even though converts cannot be appointed to authority - "Put on yourselves a king", all appointments must be amidst your brethren - since his mother is Jewish, this is considered midst your brethren.

(a) R. Chiya Bar Ami's servant immersed a Nochris, (so she should not be a Nidah) because he wanted to take her as a wife.
(b) (Rav Yosef): I can show that she and her daughter are Kesheros.

1. She is Kesherah - as Rav Asi.

i. (Rav Asi): Didn't she immerse because she was Nidah?! (This suffices for conversion.)

2. Her daughter is Kesherah - a Nochri or slave that has relations with a Bas Yisrael, the child is Kosher.

(c) People were calling a certain man the son of a Nochris.

1. (Rav Asi): Didn't she immerse because she was Nidah?!

(d) People were calling a certain man the son of a Nochri.

1. (R. Yehoshua Ben Levi): Didn't he immerse because of seminal emissions?! (This suffices for conversion.)

(e) (Rav Chama Bar Gurya): One who buys a slave from a Nochri - if the slave immersed, intending to become free, he is a free convert.