ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Kidushin 73
KIDUSHIN 72-75 - sponsored by a generous grant from an anonymous donor.
Kollel Iyun Hadaf is indebted to him for his encouragement and support and
prays that Hashem will repay him in kind.
(a) The Torah inserts the word "Kahal" ("bi'Kehal Hashem") - five times (by
Mamzer, Amoni and Mo'avi [twice], Petzu'a Daka and Mitzri and Edomi).
(b) According to Rebbi Yossi, three of them come to forbid the five Pesulim
concerned on Kohanim, Levi'im and Yisre'elim respectively, the fourth one to
forbid a Mamzer to a Shesuki ('Kahal Vaday, ve'Lo Kahal Safek') - and the
fifth one, to permit a Shesuki to a Yisrael ('Mamzer Vaday, ve'Lo Mamzer
(c) He does not use one of the "Kahal" to forbid the Pesulim on Geirim -
because he holds 'Kehal Geirim Lo Ikri Kahal'.
(a) Rebbi Yehudah uses one of the five "Kahal" to forbid the Pesulim on
Geirim, and he learns Kohanim and Levi'im from one "Kahal" - because Kohanim
and Levi'im belong to the same tribe.
(b) Alternatively, he agrees with Rebbi Yossi, who requires two Pesukim for
Kohanim and Levi'im. The two D'rashos that he then makes from the one
"Kahal" are - to permit a Mamzer to a Shesuki ('Kahal Vaday, ve'Lo Kahal
Safek') - and a Shesuki to a Yisrael ('Mamzer Vaday, ve'Lo Mamzer Safek').
(c) In a third possible explanation, Rebbi Yehudah explains the five "Kahal"
exactly as Rebbi Yossi does, and he includes Geirim in the five prohibitions
from the Pasuk "ha'Kahal, Chukah Achas Lachem ve'la'Ger ha'Gar". Rebbi
Yossi disagrees with him - because, he says, the word "Chukah" interrupts
between "ha'Kahal" and "ha'Ger".
1. When Rebbi Zeira Darshened in Mechuza that a Ger is permitted to marry a
Mamzeres - the townspeople pelted him with Esrogim.
(b) When Rava (who was the Rav of Mechuza) Darshened that a Ger is permitted
to marry a Kohenes - they loaded him with silks.
2. Rava ascribed their reaction to a lack of diplomacy on Rebbi Zeira's
part - because (bearing in mind the basis for this ruling) that is not
something that he ought to have Darshened in a town in which so many Geirim
(c) He then added that a Ger is also permitted to marry a Mamzeres. When
they told him that any favor that he had gained with them following his
first ruling, he had now lost with the second, he replied - that by
permitting them to marry both a Mamzeres and a Kohenes, he was merely
offering them the best of both worlds.
(d) We rule - that a Ger is permitted to marry ...
1. ... a Kohenes, because 'Lo Huzharu Kesheiros Linasei li'Pesulim'.
2. ... a Mamzeres, because 'Kehal Geirim Lo Ikri Kahal'.
(a) Rava rules that min ha'Torah, a Shesuki is Kasher. This is based on the
principle of 'Holchin Achar ha'Rov' (because seeing as we know his mother to
be unmarried, the majority of men are permitted to her).
(b) The reason for this, assuming that ...
1. ... the Shesuki left home and went to the woman for the Kidushin is -
because we will then apply the principle 'Kol de'Parish me'Ruba Parish'.
(c) If not for the Pasuk, we would have declared him Pasul, in spite of the
majority - because of the principle 'Kol Kavu'a, ke'Mechtzah al Mechtzah
Dami" (whenever the doubt arises in the location where the P'sul resides, it
is considered an even Safek [fifty fifty]).
2. ... the woman left home and went to the Shesuki is - because of the Pasuk
"Lo Yavo Mamzer" ('Mamzer Vaday, ve'Lo Mamzer Safek').
(d) The reason that we initially give for the prohibition of marrying a
Shesuki - is for fear that he may marry his own paternal sister.
(a) Chazal did not prohibit a Shesuki to marry a Shesukis.
(b) We reject the suggestion that a Shesuki should be forbidden to marry ...
1. ... a Shesukis too, in case he is marrying his paternal sister - because
that would be assuming that all the Shesukis in town are born from the same
(c) We counter - that if that is so, a Shesuki marrying a Yisre'elis is rare
too, so why did Chazal forbid it?
2. ... the daughter of a Shesukis in case he is might be marrying his
paternal sister (the daughter of her father, who bore him from his mother
before marrying the mother of the Shesukis) - because it is so rare.
(d) In fact we conclude, they forbade a Shesuki to marry a Yisre'elis - as a
decree in order to raise the level of Yichus (Ma'alah Asu be'Yuchsin), which
applies to a Kasher Yisre'elis but not to a Shesukis, who is herself a Safek
(a) Rava makes the same statement re. an Asufi, and the Sugya follows a
similar pattern, with the same conclusion. Rava bases his statement that an
Asufi is Kasher mi'Din Torah on the premise - that that the majority of
Be'ilos go after the husband.
(b) We are not concerned with the possibility that maybe he is the son af an
Arusah (to whom most men are forbidden) or of a woman whose husband went
overseas (to whom we cannot ascribe the Bi'ah that produced this child) -
because against that we have the possibility that the Asufi's mother was
unmarried (in which case most people are permitted to her) or that she was
married but placed her baby in the street as a result of lack of food in
(c) What makes us certain that a circumcised baby is not an Asufi - is the
fact that the parents took the trouble to have it circumcised (which they
would not have done had they wanted it to die on account of its
(d) The same applies to a baby whom the parents beautified, straightened its
limbs, or protected by placing a Kame'a round its neck. Besides
straightening its limbs, 'Meshalti Hadmei' might mean - that its limbs were
large and well-shaped, a sign that it was born to regular parents, who
strengthen the baby by being intimate during the last three months, as
Chazal have taught in Nidah.
(a) The gauge that determines whether it is an Asufi or not, if it was found
1. ... suspended from a palm-tree is - whether a wild animal is able to
reach it (in which case it is an Asufi) or not.
(b) If one finds a baby ...
2. ... in a Zard'sa-tree (even if it is too high for the wild animals to
reach) is - whether it is near the town (in which case it is very popular
with demons and the baby is an Asufi)), or not.
3. ... a Shul (which, in those days, was generally situated outside the
town) is - whether it is near to the town and much used (in which case the
baby is not an Asufi) or not.
1. ... in a ditch that is designated to store date-pits for animal fodder
(which is outside the town and at the mercy of the demons), by the sides of
the river where the snow melts into the water (and where ships do not sail)
or in the middle of the road (where it is likely to get trampled to death) -
it is an Asufi.
(c) Rava precludes a baby that one finds during a famine from the Din of
Asufi. This cannot pertain to when he finds him ...
2. ... in a bowl in the middle of the river or at the side of the street
(where it will be found and rescued) - it is not.
1. ... in the middle of the street - because how will the fact that there is
a famine save him from being trampled to death.
2. ... at the side of the street - then he is not an Asufi anyway.
(a) So we connect Rava to a statement of Rav Yehudah ... Amar Rav, who says
that a couple claim to be the babies parents they are believed as long as
the baby is lying in the street, but not once he has been removed - because
he has already adopted the title 'waif'.
(b) Rava now says - that when there is a famine, they are believed even if
they claim to be the parents after if has been removed.
(a) Rava Chisda lists three people who are believed provided they lay their
claim immediately. The first one is the parents of an Asufi, as we just
explained, and the second one, a midwife, who is believed to testify - which
baby (of a set of tins or triplets ... ) was born first.
(b) According to the Tana Kama of the Beraisa, she is only believed as long
as she has not left the room. According to Rebbi Eliezer - as long as she
has not turned round.
(c) Rav Chisda's third case is - that of three women who were sleeping
together in one bed, and beneath one of whom a drop of blood is found.
Basically, they are all Tamei. However, should one of them examine herself
and discover that she is Tamei, then she is Tamei and the other two, Tahor.
(d) Rav Chisda considers 'immediately' in this re. - within the time it
takes for her to take the cloth that is ready beside her and clean herself
(a) In a case where four women gave birth in the same room, one the wife of
a Kohen, one the wife of a Levi, one the wife of a Nasin and one the wife of
a Mamzer, the Tana of the Beraisa believes the midwife to testify which baby
is which - provided no objection has been raised (that the baby which she
claims is child of the Eishes Kohen or Levi, is really the child of the
(b) 'Ir'ur' (the objection) cannot refer to Ir'ur of one person, due to a
statement by Rebbi Yochanan - because of the principle 'Ein Ir'ur Pachos
(c) Initially, we establish the Beraisa by Ir'ur of two witnesses, but we
finally establish it even by Ir'ur of one - because Rebbi Yochanan's
statement is confined to where the baby had a Chezkas Kashrus beforehand,
which it not have here.