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Kidushin 76



(a) The Bechirim she'be'Am Darshened the Pasuk "Lo Sih'yeh Eishes ha'Meis *ha'Chutzah* le'Ish Zar" to mean - that it is only a woman who remains outside (i.e. who was betrothed, but not married) who requires Yibum.

(b) The third opinion (presenting the reason that Chazal forbade Kutim to marry into the Kahal) is that of Rebbi Eliezer, who says - that the Kutim were not experts in Halachah (in general, and in the Halachos of Yuchsin, in particular, as we will explain shortly).

(c) And it is according to the opinion of Rebbi Eliezer that Rebbi Elazar forbid even a Kuti to marry a Kutis (because of the possibility that one of them is Kasher and the other is not).

(a) On the basis of his contention (that Kutim are not experts in Halachos in general), Rebbi Eliezer in a Beraisa, prohibits Matzah baked by a Kuti, throughout Pesach. The Tana Kama permits it - even going so far as to permit their use at the Seder as Matzos Mitzvah.

(b) Matzos baked by Nochrim (assuming one knows that they are not Chametz) - may be eaten at the Seder-table. Hoever, if that is what one ate at the meal, one remains obligated to eat a k'Zayis of Shemurah Matzah at the end (because a Nochri is not eligible to bake Matzos 'le Shem Mitzvas Matzah').

(c) According to Raban Shimon ben Gamliel - even though Kutim are lax in certain Mitzvos, there are other Mitzvos which they do observe, and those that they do, they observe even more meticulously than other Jews.

(a) According to Rebbi Eliezer, Chazal issued a decree on the Kutim specifically with re. marriage - because they were inexpert re. the Dinim of Gitin and Kidushin.

(b) Rav Nachman Amar Rabah bar Avuhah and Rava both qualify this, restricting it to a couple of cases. According to Rav Nachman Amar Rabah bar Avuhah, there were two cases of Mamzerus, by the Kutim, one where a man married his sister and another where a man married his brother's wife. With all these details, Rav Nachman is coming to teach us - the principle 'Yesh Mamzer me'Chayvei K'riysus'.

(c) According to Rava, there were also two cases, one of an Eved marrying a Kutis, and the other, of a Kuti marrying a Shifchah - though it was only the latter which produced a Mamzer (since Rava holds 'Akum ve'Eved ha'Ba Al bas Yisraael, ha'V'lad Kasher').

(d) In spite of the fact that according to Rav Nachman, either of the two cases would have justified the decree, and according to Rava, only one of the cases actually justified it, they both mention two cases - (not because they considered it necessary, but) because that is what happened.

(a) According to our Mishnah, someone who marries a Kohenes, is obligated to examine four mothers who are really eight. The four mothers are - her mother and her father's mother's mother; her father's mother and her father's father's mother.

(b) When the Tana says 'which are really eight', he means - the mothers of each of these four.

(c) One is searching for - Mamzerus or any other P'sul Kahal (see also Tosfos DH 'Tzarich').

(d) The Tana say that a Kohen who comes to marry a Leviyah or a Yisre'elis - needs to examine one generation higher than the previous case (see also Tosfos DH 'ha'Nosei' and Hagahos Maharshal). Note: it is unclear why Rashi establishes this case specifically by a Kohen (See Magid Mishnah, Isurei Bi'ah 19:19).

(a) What the daughters of a Kohen who served on the Mizbe'ach, a Levi who ascended the Duchen to sing and a member of the Sanhedrin have in common is - that they do not require the above examination.

(b) The other two officials' daughters whom the Tana exempts from Bedikah are - those whose fathers (and grandfathers) are long established law officers (i.e. Dayanim not on the Sanhedrin Ketanah) or Gaba'ei Tzadakah.

(c) Rebbi Chanina ben Antignos adds anyone who was written 'be'Asratya shel Melech (which will be explained later in the Sugya). Rebbi Yossi adds the daughter of anyone who served as a Dayan in Tzipori.

(a) When women argue, they insult each other by referring to adulterous acts of the disputant (rather than to a P'sul Yuchsin), whereas men refer to their P'sul Yuchsin.

(b) This explains why the Tana requires the mothers and not the fathers to be examined - because, if there had been a P'sul Yuchsin by any of the fathers, we would have known about it.

(c) Chazal did not also obligate a Kohenes to examine her husband's ancestry before she marries him - because, since the Torah does not forbid the P'sulei Kohen on a Kohenes, they did not wish to be more stringent than the Torah, declining to institute an examination for Yuchsin either.

(d) Rav Ada bar Ahavah quoting a Beraisa, requires twelve mothers, another Beraisa requires sixteen. Rav Ada bar Ahavah refers to someone who marries a Leviyah or a Yisre'elis. The Tana of the Beraisa does not necessarily argue with out Mishnah - because he will explain 'Mosifin Aleihen Od Achas' (written by a Leviyah ve'Yisre'elis) to mean 'Zug Achas'.




(a) Our Mishnah, says Rav Yehudah Amar Rav, is the opinion of Rebbi Meir. The Chachamim hold - that all families are presumed Kasher unless there is reason to assume otherwise. Consequently, no Bedikah is generally necessary.

(b) In a case where a rumor, started by two witnesses, is spreading that the woman is Pasul, has begun to spread - they will agree that Bedikah is required.

(c) We reconcile this with a statement by Rav Chama bar Guri'a Amar Rav establishing our Mishnah when such a rumor has began to spread, and which Rav Yehudah Amar Rav just established like Rebbi Meir - by stating that they beg to differ.

(d) In a second Lashon - Rav Yehudah Amar Rav cites the opinion of the Rabbanan (as he did in the first), but Rav Chama bar Guri'a refers (not to our Mishnah, but) to Rav Yehudah's statement, when he adds that if a rumor began to spread, even the Chachamim concede that a Bedikah is necessary.

(a) We learned in our Mishnah 'Ein Bodkin min ha'Mizbe'ach u'Lema'alah, ve'Lo min ha'Duchan u'Lema'alah', because they would not allow a Kohen or a Levi to serve in the Beis Hamikdash before they had examined his Yichus. The reason that the Beraisa quoted by Rav Yosef gives for 'Ein Bodkin min ha'Sanhedrin u'Lema'alah' is - that just as Beis-Din had to be flawless in judgment, so too did they have to be flawless in Yichus.

(b) Mereimar learns it from the Pasuk in Shir ha'Shirim "Kulach Yafeh Rayasi, u'Mum Ein Bach" - which cannot refer literally to blemishes, because we have another Pasuk in Beha'aloscha "ve'Hisyatzvu Sham Imach" ('Imach be'Domin Lach') which teaches us that.

(c) We might have refuted this answer, were it not for another Pasuk "ve'Hakel me'Alecha ve'Nas'u Itach - because we would otherwise have confined the Pasuk in Beha'aloscha (requiring a pure Yichus) to that particular instance, in honor of the Shechinah that was due to appear there.

(d) The Mishnah in Sanhedrin draws a distinction between Dayanim who judge money-matters - where everyone is eligible, and those who judge matters of life and death - where they are not. Rav Yehudah interprets 'everyone' to mean Mamzerim.

9) Abaye, supported by a Beraisa, now reconciles the discrepancy between our Mishnah (which requires Yichus for Dayanim, even concerning money-matters) and the Mishnah in Sanhedrin (which does not) - by establishing our Mishnah in Yerushalayim, where they were particular about Yichus in the Sanhedrin, even though Halachically, this was not necessary.


(a) 'Memashkenin al ha'Tzedakah' means - that the Gaba'ei Tzedakah had the authority to take a security from anyone in the community who refused to pay the amount that they assessed.

(b) It was not therefore uncommon for people from whom they had forcibly taken a security to insult and curse them. Consequently - had they had a P'sul Yuchsin, we would know about it, and as long as we don't, our Mishnah permits their daughters to marry without Bedikah.

(c) 'va'Afilu be'Erev Shabbos' - only comes to enhance the previous S'vara, because that is when people are busy preparing for Shabbos, making them more nervous and edgy, prone to curse and insult anyone who crosses their path.

(a) The inn-keeper of Rav Ada bar Ahavah, a Ger and Rav Bibi were arguing over - were fighting for the position of mayor of the town.

(b) Rav Yosef, who was asked to arbitrate in this case ...

1. ... Darshened from the Pasuk "Som Tasim Alecha Melech mi'Kerev Achecha" - that every major appointment can only be made to a born Jew.
2. ... initially disqualified the Ger, ruling that the position should go to Rav Bibi.
(c) However ...
1. ... Rav Ada bar Ahavah queried the ruling, on the grounds that the inn-keeper's mother was a born Jewess ...
2. ... causing Rav Yosef to retract (since that is indeed considered 'mi'Kerev Achecha') - and to rule that Rav Bibi should take charge of the spiritual matters (such as Tzedakah appointments and the Gaba'us in Shul); and the inn-keeper, the material things (such as the appointment of officers to take charge of the town's armory, taxes and the opening and closing of the gates).
(d) Abaye extrapolated from this incident - that inn-keepers are well-advised to look out for guests of the caliber of Rav Ada bar Ahavah, who know how to litigate on their behalf.
(a) Rebbi Zeira and Rabah bar Avuhah used to appoint Geirim to prominent positions (see Hagahos Redal).

(b) In Eretz Yisrael however, they would not even appoint them as Resh Kuri, nor in Neherda'a, as Resh Garguta.

1. A Resh Kuri is - an officer in charge of the town's weights and measures.
2. A Resh Garguta - an officer in charge of watering the town's public fields.
(c) Rebbi Yossi exempted the daughters of the Dayanim in Tzipori from Bedikah - because they would not sign on a Dayan before they had ascertained his Yichus. Note, that the Rambam establishes Rebbi Yossi with re. to people who were called regularly as witnesses (as the Gemara explains 'Dayki u'Mechasmi'), not Dayanim.
(a) Rav Yehudah Amar Shmuel explains Rebbi Chanina ben Gamliel's statement 'Af Mi she'Hayah Muchtav be'Isratya shel Melech' to mean - that the daughters of the soldiers in David-ha'Melech's army did not require Bedikah because they only accepted Meyuchasim in the army.

(b) The reason that Rav Yehudah Amar Rav gives for this is - because a pure Yichus stands the army in good stead in battle, and, together with Z'chus Avos, enhances its chances of victory.


1. "Tzelek ha'Amoni" and "Uri'ah ha'Chiti" (elitists in David's army) - were full-fledged Jews who lived in Amon and Ches, respectively.
2. "Itai ha'Giti", who was definitely a Ger - (because we are informed in Avodah-Zarah that he was called to nullify something that had been worshipped by Nochrim) did not actually fight. He (together with others, such as the four hundred young men we are about to discuss) was used to frighten the enemy.
(d) The four hundred young men who served in David ha'Melech's army - (as part of David's scare tactics, as we just explained) were all the sons of Yefos To'ar.
(a) What was special about ...
1. ... the four hundred young men' haircuts was - that they shaved the front of their heads and left the back long (following the practice of idolaters, whose descendants they were).
2. ... their chariots was - that they were made of gold.
(b) In war-time, they were placed - at the head of troops (before the fighting began).
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