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Previous daf Yevamos 85
YEVAMOS 84-85 - The last two of four Dafim dedicated in honor of Dr. Charles
and Rosalind Neustein, whose retirement to Florida allows them to spend even
more time engaging in Torah study!
1) [line 8] (HINTZEVU) [SHECHANTZIV] - a place in Bavel (this Girsa follows
the opinion of the Bach)
2) [line 12] CHARURIM - freed slaves
3) [line 12] NESINIM
(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 against the
Nesinim for all future generations, in order that they not unite with the
descendants of Avraham, Yitzchak and Yakov (Yevamos 79a).
(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).
4) [line 12] SHESUKEI [SHESUKI}
A Shesuki is a person (male or female) whose paternal lineage is in doubt,
and the possibility exists that he is a Mamzer. The term is derived from the
word Shesikah, silence, since when he calls for his father, his mother tells
him to be silent.
5) [line 12] ASUFEI [ASUFI]
An Asufi is unaware of his (or her) maternal and paternal lineage, and the
possibility exists that he is a Mamzer. The term is derived from the word
Le'esof, to gather or bring in, since he was brought in from the streets not
knowing the identity of his parents.
6) [line 24] BENEI BERAI - the people from Bei Berai, a town in Bavel
7) [line 38] D'YASVAH TUSEI - she is still living with him (lit. she is
sitting under him, i.e. living with him in the same house)
8) [line 39] B'AMOD V'HOTZEI KAI; MEZONOS IS LAH?! - He must divorce her;
does she get provisions [from him]?
9) [line 41] TENAI KESUVAH
(a) There are number of stipulations of marriage which are imposed by Beis
Din and some of which are written explicitly in the Kesuvah (the Jewish
marriage contract). These are in addition to the basic obligations a man has
to his wife according to the Torah. Those stipulations which obligate the
husband to his wife are:
1. A husband must redeem his wife if she is a taken captive. If he is not a
Kohen, he must take her back into his house; if he is a Kohen he must redeem
her and divorce her so that she can remarry. He may not (divorce her and)
give her the money of the Kesuvah so that she should redeem herself.
(b) A husband is obligated to keep these conditions even if he omitted them
from the Kesuvah, or did not give his wife a Kesuvah.
2. As long as they are married, he must provide his wife with all the
medical care that she needs.
3. If she dies before her husband, her sons inherit the full value of her
Kesuvah when he dies (and not the sons of his other wives), aside from the
remainder of the estate (which is split equally between all of the
brothers). This is called "Kesuvas Benin Dichrin."
4. After he dies, his daughters must be allowed to live in the house in
which he lived, and must be provided for by his household, until they become
5. If he dies before his wife, his wife must be allowed to live in the house
in which he lived and must be provided for by his household until she
remarries. (This stipulation was only made in Yerushalayim and the Galil. In
Yehudah, the heirs reserved for themselves the right to give her the value
of her Kesuvah and have her find herself a new home.) (Mishnayos Kesuvos
10) [line 43] DEL'MISHKAL U'MEIPAK - that she is meant to collect and leave
11) [line 43] DILMA TI'AKEV GABEI - perhaps she will remain by him (to
*12*) [line 50] PEIROS - that is, their husbands have no right to eat the
products (Peros) that grow from these wives' Nichsei Milug. If the husbands
do eat, they must return what they ate. (The reason these husbands were not
granted the products of their wives' Nichsei Milug is because a person is
not obligated to redeem his wife, if captured, unless he is permitted to be
with her until she was captured. The products of Nichsei Milug were only
given to the husband in return for accepting the obligation to redeem her if
captured, so the products of these wives' fields were not given to their
*13*) [line 1] KANSU OSO KESUVAH - the Rabanan required him to give her a
Kesuvah (just like normal women). [The Rabanan did not find it necessary to
encourage him to divorce her by taking away her Kesuvah, since he will
undoubtedly quarrel with her and divorce her in any case, since she makes
him Pasul, RASHI.]
*14*) [line 7] ZEHU MARGILAH, V'ZU, HI MARGILASO - that is, when she
becomes Pasul because of him, *he* has to persuade *her* to marry him.
(Therefore, since he initiated the relationship, there is no point in fining
her by taking away her Kesuvah.) On the other hand, when she does not become
Pasul due to her relationship with him, *she* persuades *him* to marry, just
like normal women do to their husbands. (Therefore, in order to prevent her
from initiating the relationship the Rabanan took away her Kesuvah, RASHI.)
15) [line 8] "DAVAR ACHER", MAN KETANI LAH? - Which Tana is the author of
the "Davar Acher" quoted previously?
*16*) [line 22] UL'REBBI ELIEZER D'AMAR HAREI ZEH EVED - (That is, according
to Rebbi Eliezer, marrying this man will not allow the Mamzeres to bear
descendants that will be permitted to marry into the Jewish people, and
therefore she has no interest in initiating the relationship. In addition,
she knows that the relationship will not succeed, since he will become
easily angered, knowing that she is causing his children to become Mamzerim,
RASHI. The Gemara could have easily said, at this point, that Rebbi Shimon
ben Elazar of the Beraisa does not agree to the opinion of Rebbi Eliezer,
but it is trying to avoid forcing that conclusion -- RITVA.)
17) [line 33] YESH CHALAL ME'CHAYAVEI ASEH
(a) The Torah commands a Kohen Gadol not to marry a widow, divorcee,
prostitute ("Zonah" -- see Background to Yevamos 59:8) or Chalalah (Vayikra
21:14). A regular Kohen is permitted to marry a widow, but not any of the
other women listed above. The child from one of the above-mentioned unions
is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also
prohibited all Kohanim from marrying a Chalutzah, and made the children of a
Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute that has relations with a Kohen Gadol,
and a divorcee or prostitute who has relations with a regular Kohen, becomes
a "Chalalah." Female children born through such a union are also Chalalos.
Also, any Jewish woman who has relations with a Chalal becomes a Chalalah
(even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have
relations with) a Kohen, the Chalalah and the Kohen are punished with
Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has
living children from a Kohen normally eats Terumah, if she becomes a
Chalalah she may no longer eat Terumah. Similarly, although the daughter of
a Kohen normally eats Terumah until she becomes married to a non-Kohen, if
she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra
21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an
Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and
whether the child is a Chalal.
18) [line 35] SAFEK SOTASO (SOTAH)
(a) A Safek Sotah is a woman who is suspected of committing adultery because
she was warned by her husband not to seclude herself with a certain man and
she violated the warning. The process of warning her in front of witnesses
is called Kinuy. The witnesses who see her seclude herself with the
suspected adulterer are called Eidei Stirah. The time of seclusion must be
at least for the time that it takes to roast an egg and swallow it. The
woman is forbidden to her husband until she drinks Mei Sotah (see (c),
(b) The husband must bring his wife to the Beis ha'Mikdash, along with a
sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal
as a Minchah offering. The Kohen reads Parshas Sotah, the portion of the
Torah describing the curses with which a Sotah is cursed, out loud (in any
language that the Sotah understands) and makes the Sotah swear that she has
been faithful to her husband.
(c) An earthenware jug is then filled with half a Lug of water from the
Kiyor, and dirt from the floor of the Azarah is placed on top of the water.
Parshas Sotah (that contains numerous appearances of Hash-m's name) is
written on parchment and then immersed in the water, causing the ink to
dissolve. The Sotah afterwards drinks from the water. If she was unfaithful
to her husband and had been defiled, the water would enter her body and
poison her, causing her belly to swell out and her thigh to rupture. If she
were faithful to her husband, she would remain unharmed and would become
pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in
the present day, she must be divorced and does not receive her Kesuvah.
(d) A Sotah Vadai is a married woman who committed adultery. If she
committed the act after not heeding the warning of two witnesses, she is put
to death by Chenek (choking), as it states in the Torah (Devarim 22:22). She
is prohibited to her husband, the adulterer and she may not eat Terumah.
*19*) [line 41] SOTAH VADAI - that is, one who *remarries* his wife who was
unfaithful to him after having divorced her (TOSFOS Kidushin 68a, however
20) [last line] MA'ASER RISHON ASUR L'ZARIM
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah from the crop and give it to a Kohen. (Only kosher
Kohanim -- to the exclusion of Chalalim -- and their wives and servants may
eat Terumah.) Although the Torah does not specify the amount to be given,
the Rabanan set the requirement at one fiftieth of the total crop.
(b) After Terumah is removed from the produce, the first tithe to be given
every year is called Ma'aser Rishon; one tenth of the produce must be given
to a Levi. According to the majority, and Halachic, opinion, Ma'aser Rishon
does not have Kedushah. It may be eaten both Tamei and Tahor, and by any
(c), Rebbi Meir (Yevamos 74a and elsewhere), however, argues and maintains
that Ma'aser Rishon does have Kedushah. According to him, Ma'aser Rishon may
only be eaten by Leviyim or Kohanim, and even they may not eat it if they
are Arelim (uncircumcised). Rebbi Meir agrees, however, that Ma'aser Rishon
may be eaten when it is Tamei (TOSFOS Yevamos 86b DH Mi).