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Kidushin 67

KIDUSHIN 67 (Tamuz 22) - dedicated by Zvi and Tamara Sand of Har Nof, Yerushalayim, for the Yahrzeit of Tamara's father, Shlomo Zevulun ben Yakov Tzvi Ben-David.

1) [line 6] V'NISNAYEI - and let him (the Tana of the Mishnah) teach it, i.e. list it among the cases of the Mishnah in which Kidushin exists even though the relationship is prohibited

2) [line 9] CHALAL
See Background to Kidushin 66:16.

3) [line 18] MITZRI SHENI
(a) Only the grandchild of an Egyptian or Edomite convert may marry into the Jewish people as stated in Devarim 23:8-9 (Yevamos 76b). One who marries a first or second-generation Egyptian or Edomite convert transgresses a Lav ha'Ba mi'Chlal 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 whom the Torah speaks have become lost among the nations (SEFER HA'CHINUCH # 563, 564).


4)[line 13, 16] "V'GAM MI'BENEI HA'TOSHAVIM HA'GARIM IMACHEM, MEHEM TIKNU, [UMI'MISHPACHTAM ASHER IMACHEM,] ASHER HOLIDU B'ARTZECHEM; [V'HAYU LACHEM LA'ACHUZAH.]" - "Moreover of the children of the nations that sojourn among you, of them shall you buy (slaves), [and of their families that are with you,] which they fathered in your land; [and they shall be your possession.]" (Vayikra 25:45)

4) [line 19] AMONIS (AMONI / MOAVI)
(a) Moav and Ben Ami were the illegitimate children of Lot (Bereishis 19:30-38). They became the fathers of the nations of Moav and Amon. The Torah prohibits these nations from marrying into the Jewish people, as the verse states, "Lo Yavo Amoni u'Moavi b'Kehal HaSh-m, Gam Dor Asiri..." - "An Amoni or Moavi shall not enter into the congregation of HaSh-m; even to their tenth generation [shall they not enter into the congregation of HaSh-m forever.]" (Devarim 23:4). This prohibition only applies to the males of these two nations (ibid. 23:5; see Yevamos 76b-77a).
(b) According to most opinions this prohibition does not apply today because the Moavim and Amonim about whom the Torah speaks have become lost among the nations (SEFER HA'CHINUCH # 563, 564). In fact, the Gemara records a case where Rebbi Yehoshua allowed a male Amoni convert to marry a Jewess of unsullied lineage, claiming that the original Amonim have been lost since they were dispersed by the king of Ashur (Berachos 28a).

5) [line 22] U'MATU BAH MISHUM D'REBBI YANAI - [there are] those who, with [regard to] this [teaching,] lean [towards citing it] in the name of Rebbi Yanai

(a) If a married man dies childless and has brothers who survive him, his widow or widows may not remarry until one of her husband's paternal brothers performs Yibum (levirate marriage) or Chalitzah (levirate release) with one of them, as it states in Devarim 25:5-10. Chazal learn from the verses that if there are a number of brothers, there is a preference for the oldest brother to perform Yibum or Chalitzah (Yevamos 24a). If the conditions for the Mitzvah of Yibum do not exist, marital relations between a man and his brother's wife are prohibited and make them liable to the punishment of Kares.
(b) Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be accomplished only through Bi'ah and not through Kesef or Shtar (see Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that one should precede Yibum with an act similar to Kidushei Kesef or Shtar, which is known as Ma'amar (see Background to Nedarim 74:4).
(c) If the live brother does not wish to marry the dead brother's widow, he must perform Chalitzah. To do so, he appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother." After this process is completed, she is free to marry whomever she wants.
(d) The *connection* of the live brother or brothers to the dead man's widow or widows, which prevents the widows from marrying without Yibum or Chalitzah, is called "Zikah," and a widow who is thus prevented from remarrying is called a "Zekukah." Another name for a widow who awaits Yibum or Chalitzah is a "Shomeres Yavam." It is forbidden for a woman to have relations with anyone other than the Yavam while she is a Shomeres Yavam. This is known as the prohibition of "Yevamah la'Shuk" - "a Yevamah [who is prohibited] to anyone from outside [her husband's siblings]. If she transgresses this prohibition and has relations with a man other than the Yavam, she has violated a Lo Sa'aseh (Devarim 25:5) and both she and her suitor are punished with Malkos. Some Tana'im and Amora'im maintain that if she accepts Kidushin from someone while she is a Shomeres Yavam, the Kidushin is not legally binding (Yevamos 92b, Sotah 18b).

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