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1) APPEASING THE GIVONIM

(a) David reasoned - Shaul died 13 years ago, it is abnormal to eulogize him now; but we can appease the Givonim.

1. David: "What can we do for you, to atone?"
2. Givonim: "We don't want silver or gold ... give us 7 of Shaul's children, and we will hang them."
3. David tried appeasing them; they refused.
4. David: There are 3 signs of Yisrael: they are merciful, have a sense of shame, and bestow Chesed.

i. They are merciful - "He will give you mercy, and make you merciful".
ii. They have a sense of shame - "In order that fear of Hash-m should be on your faces".
iii. They bestow Chesed - "That he will command his children..."

5. Whoever has these 3 signs is fitting to cling to Yisrael.

(b) Question: "The king took ... Armon and Mefiboshes and 5 sons of Michal" - why these?
(c) Answer (Rav Huna): He passed them in front of the Aron; whom the Aron absorbed would be killed; whom the Aron expelled, would live.

1. Objection (Rav Chana Bar Ketina): "The king had mercy on Mefiboshes Ben Yehonason"!
2. Answer: He did not pass him in front of the Aron.
3. Objection: Did he show favoritism?
4. Answer: Rather, he passed him in front of the Aron; the Aron absorbed him, and David requested mercy, and the Aron expelled him.
5. Objection: Still, this is favoritism!
6. Answer: Rather, he prayed that the Aron should not absorb him.

(d) Objection: But it says, "Fathers will not die on account of sons..."!
(e) Answer (R. Chiya Bar Aba): It is better to uproot a letter of the Torah than to publicly desecrate Hash-m's name.
(f) Question: "From the beginning of the harvest ... until the rain (the bodies were hanging)" - but "You may not let him hang overnight"!
(g) Answer (R. Yochanan): It is better to uproot a letter of the Torah in order to publicly sanctify Hash-m's name.

1. Passersby: Who are these people hanging?
2. Answer: Sons of kings.
3. Passersby: What did they do?
4. Answer: They harmed converts.
5. Passersby: There is no nation as fit to cling to as this! If sons of kings are punished thusly - all the more so, commoners! If for harming converts thusly - for harming Yisrael, all the more so!

(h) Immediately, there were 150,000 new converts - "Shlomo had 70,000 workers carrying on the shoulder, and 80,000 quarrying in the mountain.

1. Question: Perhaps these workers were Yisraelim!
2. Rejection: This cannot be - "Shlomo did not give a slave from Yisrael".
3. Question: Maybe they were just hired workers?

(i) Rather, we learn from "And Shlomo counted ... 150,000 ... 70,000 carrying".
(j) Question: David did not decree on the Nesinim - Moshe did - "From the woodchopper...."!
(k) Answer: Moshe only decreed on his generation; David decreed for all generations.
(l) Question: Still, Yehoshua decreed on them - "Yehoshua made them woodchoppers and water drawers for the congregation and the Altar."
(m) Answer: Yehoshua only decreed for when there is a Mikdash; David decreed for even when there is no Mikdash.

1. In Rebbi's day, they wanted to permit the Nesinim.
2. Rebbi: We can permit our share - but who will permit the share of the Altar?
3. This argues on R. Chiya Bar Aba.

i. R. Chiya Bar Aba: The share of the congregation is always forbidden; the share of the Altar is only forbidden when there is a Mikdash.

(a) (Mishnah - R. Yehoshua): I heard that a Seris does Chalitzah, and one does Chalitzah to his widow; and a Seris does not do Chalitzah, and one does not do Chalitzah to his widow, and I cannot explain these;

1. R. Akiva: I will explain! A Seris Adam (caused by man) does Chalitzah, and one does Chalitzah to his widow, because he was once able to have children; a Seris Chamah (from birth) does not do Chalitzah, and one does not do Chalitzah to his widow, since he was always sterile;
2. R. Eliezer: No - rather, A Seris Chamah does Chalitzah, and one does Chalitzah to his widow, because he can be cured; a Seris Adam does not do Chalitzah, and one does not do Chalitzah to his widow, since he cannot be cured.
3. R. Yehudah Ben Besira: Ben Megoses was a Seris Adam in Yerushalayim; his widow did Yibum, fulfilling the words of R. Akiva.

(b) A Seris does not do Chalitzah nor Yibum, nor does an Ailonis;
(c) A Seris that did Chalitzah, he did not disqualify her; if he had relations with her, he disqualified her (since he is her brother's wife, without the Mitzvah of Yibum).
(d) Similarly, an Ailonis that did Chalitzah is not disqualified; if she had relations with the Yavam, she is disqualified.
(e) (Gemara) Question: We know that R. Akiva says that Chaivei Lavin are as Chaivei Krisus, and Chaivei Krisus do not do Chalitzah or Yibum!
(f) Answer #1 (R. Ami): The case is, she is a convert; R. Akiva holds as R. Yosi, who says that converts are not considered as part of the congregation of Hash-m (and are permitted to a Seris).

1. Question: If so, they should be allowed to do Yibum!
2. Answer: Indeed, they can! Since R. Yehoshua mentioned Chalitzah, R. Akiva also spoke of Chalitzah.

i. We can prove this from the Mishnah - R. Yehudah Ben Besira testified about a Seris Adam whose widow did Yibum, to fulfill the words of R. Akiva.

(g) Question (Rabah - Beraisa): Reuven is a Petzu'a Daka, Crus Shafchah, Seris Adam, or is too old to have children: he does Chalitzah or Yibum.

1. If Reuven died leaving a widow, and a brother gave a Ma'amar, Get or did Chalitzah, it takes effect; if a brother did Yibum, he acquires her;
2. If Reuven's brother died leaving a widow, and Reuven gave a Ma'amar, Get or did Chalitzah, it takes effect; if he did Yibum, he acquires her, but may not stay married - "A Petzu'a Daka or Crus Shafchah will not enter the congregation of Hash-m".
3. We see, the case is that the widow is a Bas Yisrael!

(h) Answer #2 (Rabah): Rather, the case is, he became a Petzu'a Daka after she fell to Yibum.
(i) Question (Abaye): The prohibition of Petzu'a Daka should push off the Mitzvah of Yibum!

1. (Mishnah - R. Gamliel): (A woman fell to Yibum to a man married mi'Derabanan to her sister, a minor). If the sister does Mi'un, she may do Yibum; if not, she waits until her sister grows up, and she is exempt, because she is the sister of the Yavam's wife.
2. We see, the prohibition of a wife's sister pushes off the Mitzvah of Yibum - we should say the same by Petzu'a Daka!

(j) Answer (Rav Yosef): The Tana holds, according to R. Akiva that Mamzerim come only from Chaivei Lavin of Sher (kin), not from other Chaivei Lavin.
(k) Question: It says, "To establish a name for his brother", and such men cannot do this!
(l) Counter-question (Rava): If you say, it is not enough that he was once able to have children - Yibum never applies, since the husband always became a Seris Chamah right before he dies!

1. Rava's reasoning poses a difficulty on R. Eliezer!
2. Answer: No - a man does not become a Seris Chamah before death, he is just weak.

(m) Question: What is a Seris Chamah?
(n) Answer (R. Yitzchak Bar Yosef): One who was a Seris from birth.