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1) THE TUM'AH OF NOCHRIM

(a) (R. Shimon Bar Yochai): The graves of Nochrim do not impart Tum'ah to what towers above them - "You are my flock ... you are Adam".

1. You are called Adam, Nochrim are not called Adam (by Tum'ah of a tent, it says, when an Adam will die).

(b) Question: "16,000 souls of Adam" (and they were Nochrim)!
(c) Answer: The verse only said Adam to distinguish from the animals.
(d) Question: "That has more than 12 10,000's of Adam ..."!
(e) Answer: The verse only said Adam to distinguish from the animals.
(f) Question: "Whoever kills a soul, and touches a corpse will purify himself" (apparently, contact with a dead Nochri makes one Tamei)!
(g) Answer #1: Perhaps a Yisrael died.

1. Objection (Chachamim): "Not a man among us Nifkad (is missing)"!
2. Answer (R. Shimon Bar Yochai): "Not a man among us stumbled in a sin."

(h) Answer #2 (Ravina): R. Shimon Bar Yochai says, Nochrim are excluded from Tum'ah of a tent - they are not excluded from Tum'ah of carrying or touching!

(a) (Mishnah): A Kohen engaged a widow, then was appointed Kohen Gadol - he may marry her;
(b) It happened, Yehoshua Ben Gamla engaged Marsa Bas Baisus, and the king appointed him to be Kohen Gadol, and he married her.
(c) A Shomeres Yavam that fell to a Kohen, and he was appointed to be Kohen Gadol, even if he had given her a Ma'amar, he may not do Yibum.
(d) (Gemara) Question: How do we know that if a Kohen engaged a widow, then was appointed Kohen Gadol, he may marry her?
(e) Answer: "He will take a wife".
(f) .Objection: If so, this should also teach that he may do Yibum!
(g) Answer: "A wife" - and not a Yevamah.
(h) (Mishnah): It happened, Yehoshua Ben Gamla ...

1. It says, '(The king) appointed him' - not, 'he was appointed'. 2. (Rav Yosef): I see the plotting of evildoers here!

i. (Rav Asi): Marsa Bas Baisus gave a Tarkav of gold coins to King Yanai, therefore he appointed R. Yehoshua Ben Gamla as Kohen Gadol.

(i) (Mishnah): If the brother of a Kohen Gadol died - the Kohen Gadol does Chalitzah, not Yibum.
(j) (Gemara): The Mishnah says 1 law - it does not distinguish if she was widowed from engagement or Nisu'in!

1. We understand, from Nisu'in - she is forbidden to him because of a Lav (a widow) and an Aseh (non-virgin) - the Mitvas Aseh of Yibum does not override a Lav and Ase.
2. Question: If she was widowed from engagement - the Aseh of Yibum should override the Lav of a widow!
3. Answer: mi'Dioraisa, it does; Chachamim decreed, not to do the 1st act of relations (Yibum), lest he come to do a 2nd act (which is forbidden).

(a) (Mishnah): A regular Kohen may not marry an Ailonis, unless he already has a wife and children; R. Yehudah says, even if he has a wife and children, he may not marry her, since she is a Zonah;
(b) Chachamim say, a Zonah is only a convert, freed slave, and one that had forbidden relations.
(c) .(Gemara - Question - Reish Galusa): Why can't a Kohen marry an Ailonis?
(d) Answer (Rav Huna): Because of the Mitzvah to have children.
(e) Question (Reish Galusa): Only Kohanim are commanded on having children, not Yisrael?!
(f) Answer (Rav Huna): Because we wanted to teach in the end of the Mishnah, R. Yehudah says, even though he has a wife and children, he may not marry her, since she is a Zonah.

1. Only Kohanim are forbidden to marry a Zonah, not Yisraelim.

(g) Question (Rav Huna): What is R. Yehudah's reason?
(h) Answer (Rav Huna): "They ate and were not satiated, they had extramarital relations and did not raise children" - any relations which do not lead to children is as extramarital relations.

(a) (Beraisa - R. Eliezer): A Kohen may not marry a minor.

1. Rav Chisda (to Rabah): Investigate this law - Rav Huna will ask you about it tonight.

(b) Explanation #1 (Rabah): R. Eliezer holds as R. Meir and as R. Yehudah.

1. He holds as R. Meir, who is concerned for the minority (in this case - perhaps she is an Ailonis).
2. He holds as R. Yehudah, who says that an Ailonis is a Zonah.

(c) Question #1: Does he really hold as R. Meir?

1. (Beraisa - R. Meir): A male or female minor may not do Chalitzah nor Yibum;
2. Chachamim: We agree, they may not do Chalitzah - the Torah says "man", and we equate her laws to his law; but why can't they do Yibum?
3. R. Meir: A boy may be found to be a Eunuch; a girl may be found to be an Ailonis - if so, they transgressed Ervah (there was no Mitzvah of Yibum to permit marrying his brother's wife).

(d) Summation of Question #1 (Beraisa - R. Eliezer): A girl that is a minor may do Yibum, but not Chalitzah.
(e) Question #2: Does R. Eliezer really hold as R. Yehudah?

1. (Beraisa - R. Eliezer): A Zonah is as her name (an adulteress); R. Akiva says, she is a woman open to have relations with anyone; R. Masya Ben Charash says, even if her husband was taking her to drink (Sotah water), and he had relations with her on the way, she becomes a Zonah;
2. R. Yehudah says, a Zonah is an Ailonis; Chachamim say, a Zonah is only a convert, a freed slave, or one that had forbidden relations; R. Elazar says, 2 singles that have relations, not intending that this should make them engaged, makes her a Zonah.

(f) Explanation #2 (Rav Ada Bar Ahavah): R. Eliezer said that a Kohen Gadol may not marry a minor.

1. The marriage only takes effect when she is an adult, and then she is not a virgin!

(g) Objection (Rava): If her father married her off - the marriage takes effect immediately!

1. If she married herself off - Chachamim would agree, this is forbidden!

(h) Explanation #3 (Rava): Really, R. Eliezer speaks of a regular Kohen. We are concerned, she will be enticed to have adultery.
(i) Question: This concern also applies to a Yisrael!
(j) Answer: Enticement of a minor is considered as forced relations - a Yisrael remains permitted to her.
(k) Explanation #4 (Rav Papa): R. Eliezer is speaking about a Kohen Gadol; he holds as the following Tana.

1. (Beraisa): "A virgin" - one might think, a minor - "a woman"; one might think, a Bogeres - "a virgin".

i. The case is, she is not a minor, but is not yet a Bogeres.

(l) Explanation #5 (Rav Nachman Bar Yitzchak): R. Eliezer holds as the following Tana.

1. (Beraisa): "A virgin" - this only refers to a Na'arah, as it says, "The Na'arah was very beautiful, a virgin".

(m) (Beraisa - R. Elazar): 2 singles that have relations, not intending that this should make them engaged, makes her a Zonah.

1. (Rav Amram): The law is not as R. Elazar.

(a) (Mishnah): A man should not neglect having children unless he has children: Beis Shamai say, 2 males; Beis Hillel say, a male and a female - "Male and female He created them."
(b) (Gemara) Version #1: If he has children, he may neglect having children, but he should have a wife - this supports Rav Nachman.

1. (Rav Nachman): Even if a man has many children, he may not remain single - "It is not good, man being alone.".

(c) Version #2: We infer - if he has children, he may neglect having children *and* having a wife.
(d) Suggestion: This refutes Rav Nachman!
(e) Answer: No - if he lacks children, he must marry a woman that can have children; if he has children, he may marry a woman that cannot have children.

1. The difference is - he should only sell a Sefer Torah to marry a childbearing woman if he lacks children.

(f) (Mishnah): Beis Shamai say, 2 sons.
(g) Question: What is the source of Beis Shamai?
(h) Answer: They learn from Moshe - "Moshe's children, Gershom and Eliezer".

1. Beis Hillel learn from the creation of the world.

(i) Question: Why don't Beis Shamai learn from the creation of the world?
(j) Answer: We do not judge a case where it is possible from a case where it is impossible (a male and female were essential at creation).