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Yevamos 78

1) [line 1] 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'Klal 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).

(a) It is forbidden for any Jew to remarry his wife after divorcing her, if she married someone else in the interim (who subsequently divorced her or died), as the Torah states, "Lo Yuchal Ba'alah ha'Rishon Asher Shilechah, Lashuv l'Kachtah..." (Devarim 24:4). This Isur applies only if she was married after the initial divorce; if she was raped, her ex-husband may remarry her.
(b) The Tana'im argue as to whether the ex-husband is prohibited from remarrying her if she became engaged (but not married) to someone else after the initial divorce (Yevamos 11b).

There is a Machlokes whether "Ubar Yerech Imo" - "a fetus is no more than a part of its mother's thigh" (i.e. it is considered part of the same entity as its mother) -- or if the mother and its fetus are considered to be *two different entities*.

4) [line 44] MAFRISH SHTEI CHATA'OS L'ACHRAYUS - one who separates two animals for surety for a Korban Chatas (so that if one gets lost he will offer the second one)

There are five Chata'os that are put to death by locking them up without food until they die:

1. The offspring of a Chatas
2. The Temurah (see Background to Yoma 50:10) of a Chatas
3. A Chatas, the owner of which has died
4. A Chatas of a sheep or goat that became a year old (and is therefore invalid as a Korban Chatas), the owner of which brought a different Chatas to atone for his sins
5. A Chatas that was lost and was later found with a Mum, the owner of which brought a different Chatas to atone for his sins (Temurah 21b)
6) [line 49] KARKAFNA!, CHAZISEI L'REISHACH BEI AMUDEI - (a) Great Skull! (prominent person), I saw your head (your teacher, i.e. Rabah bar Nachmani) between the pillars (of the Beis ha'Midrash of Rebbi Yochanan) (TOSFOS to Eruvin 22b DH Karkafna); (b) Great Person! You have hit upon the exact teaching of Rebbi Yochanan as if you personally had been present in his Beis ha'Midrash! (RITVA ibid.)

(a) Certain Mitzvos require that there be no intervening substance (Chatzitzah) between the person performing the action and the substance upon which or in which the action is performed. Among these Mitzvos are Tevilah (immersion in a Mikvah), where the person's skin must touch the water, and the Avodah (divine service) in the Beis ha'Mikdash, during which a foreign substance must not intervene between the Kohen and the Keli Shares (sanctified utensil), or between the Kohen's feet and the floor of the Azarah.
(b) An intervening substance that covers the majority of one's body and that a person minds (and would normally remove) causes a Chatzitzah that disqualify immersion in a Mikvah.


8) [line 4] HALECH ACHAR PAGUM SHEBI'SHENEIHEM - follow the one with the greater flaw (when determining the status of the children)

9) [line 14] NESININ
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and decreed that they must serve as woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Yehoshua ["va'Yitenem..." - "And he made them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water for the sacrificial needs as long as the Mishkan and Beis ha'Mikdash were standing. Later in history, when David ha'Melech saw the Nesinim display tremendous cruelty to the grandchildren of King Shaul, he extended Yehoshua's decree of servitude for the Nesinim to the end of history, in order that they not unite with the descendants of Avraham, Yitzchak and Yakov (Yevamos 79).
(b) Although it was decreed that the Nesinim must serve as slaves for the Mikdash (or the needs of the congregation), they were not given full "slave" status. Although normal slaves are prohibited from marrying Jewish women because of the prohibition "Lo Yiheyeh Kadesh," this prohibition did not apply to the Nesinim (TOSFOS, Yevamos 79a).
(c) Nevertheless, the Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. The Rishonim argue as to whether this prohibition is mid'Oraisa or mid'Rabanan (see Insights to Yevamos 76 and 79). According to those who maintain that they are prohibited mid'Oraisa, the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a). Those who maintain that they are prohibited mid'Rabanan explain that their prohibition stems from the decrees of Yehoshua and King David, who prohibited the Nesinim from marrying into Israel either because they were made to serve menial tasks and therefore *looked* like servants, or in order to prevent their progeny from mingling with Israel due to their shameful traits (see Insights to Yevamos 79:2).

10a) [line 20] DON MINAH U'MINAH
Judge from it and [entirely] from it, i.e. an analogy must be carried through so that the case deduced agrees throughout with the case from which the deduction was made.

b) [line 20] DON MINAH V'UKI B'ASRA
Judge from it but place the deduction in its own context, i.e. let the case deduced by analogy be regulated by the rules that are appropriate to that case itself.

11) [line 25] B'SHIVEVUSEI - in the neighborhood
12) [line 32] "VA'YIMAN'U REVIVIM ..." - "Therefore the showers have been withheld, and there has been no late rain; yet you have a harlot's forehead, [you refuse to be ashamed.]" (Yirmeyahu 3:3). [The Radak explains that in contrast to other women, a harlot's forehead was exposed.]

13) [line 34] POSEK TZEDAKAH B'RABIM - one who pledges to give charity in public
14) [line 34] "NESI'IM V'RU'ACH V'GESHEM AYIN..." - "Whoever boasts of a gift that he did not give is like clouds and wind without rain." (Mishlei 25:14) - Rashi to Ta'anis 8b offers an alternate explanation, where the word "Ayin" refers to the clouds, the wind and the rain, and as such the verse means, "Whoever boasts of a gift which he did not give is like a year without clouds, wind or rain."

15) [line 41] SHE'HARAG NOV IR HA'KOHANIM - When David was running away from King Shaul, Achimelech the Kohen Gadol, aided him by providing him with bread and a sword, as recorded in Shmuel I 21:2-9. As a result, King Shaul charged Achimelech and all the Kohanim of the city Nov with treason and had them killed by Do'eg ha'Adomi (ibid. 22:9-19).

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