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1) ACCEPTABILITY OF THE CHILDREN

(a) (Gemara - Reish Lakish) Question: Is the rule of our Mishnah (in any permitted marriage, the children are determined by the father) always true?

1. A convert may marry a Mamzeres, but the children are as the blemished one (the mother)!

(i) (Beraisa - R. Yosi): If a convert married a Mamzeres, the children are Mamzerim.

(b) Answer #1 (R. Yochanan): The Mishnah is not as R. Yosi, rather as R. Yehudah, who says that a convert may not marry a Mamzeres!

1. This is a forbidden marriage in which Kidushin takes effect, so the child is determined by the blemished parent.
2. Question: Why didn't the Mishnah list this among the cases of forbidden marriages?
3. Answer: When it says 'any', it includes this.

(c) Answer #2: Really, the Mishnah is as R. Yosi; by saying 'this is', it excludes cases not listed explicitly.
(d) Question #1: But a Chalal that married a Bas Yisrael - the marriage is permitted, and the children are determined by the father (and this was not listed)!
(e) Answer: Our Tana holds as R. Yehudah ben Dosta'i, that children of a Bas Yisrael and Chalal are Kesherim.
(f) Question #2: But a Yisrael that married a Chalalah - the marriage is permitted, and the children are determined by the father (and this was not listed)!
(g) Answer: When it says 'any permitted marriage', it includes this.
(h) Question: Why wasn't it taught explicitly?
(i) Answer: It could not be concisely taught with the other cases.

1. If it would say 'the daughter of a Kohen, Levi or Yisrael, or a Chalalah, that married a Kohen. Levi or Yisrael' - but a Chalalah may not marry a Kohen!

(j) Question: Why wasn't Rabah bar bar Chanah's case taught explicitly?

1. (Rabah bar bar Chanah citing R. Yochanan): A second generation Mitzri (the son of a Mitzri convert) that married a first generation Mitzris - the child is considered a third generation Mitzri (and may marry a Yisrael - we see, we go after the father).

(k) Answer: When it says 'any permitted marriage', it includes this.

1. According to Rav Dimi (who says that in Rabah bar bar Chanah's case, the child is a second generation Mitzri), the Mishnah says 'this is' to exclude this case.

(l) Question: But Ravin cited R. Yochanan as saying that when Nochrim of different nations marry, the children follow the father; if converts from different nations marry, the children receive the prohibitions of both parents. (Since the marriage is permitted, we should follow the father!)
(m) Answer: 'This is' excludes this case.
(n) Question: How could we say ((c) Answer #2\) the Mishnah is as R. Yosi?!

1. If the Mishnah is as R. Yehudah - the first clause says 'Any permitted marriage' to include a Yisrael that married a Chalalah, and Rabah bar bar Chanah's case;

(i) 'This is' excludes Rav Dimi's and Ravin's cases;

(ii) The second clause says 'Any permitted marriage' to include a convert that married a Mamzeres;

2. But if the Mishnah is as R. Yosi - we can explain 'Any permitted marriage' and 'This is' of the first clause as above;

(i) But in the second clause - what does 'Any permitted marriage' include?
(ii) Counter-question: If the Mishnah is as R. Yehudah - what does 'This is' of the second clause exclude?
(iii) Answer: You must say, it doesn't include anything, it was taught for parallel structure.

3. Answer: Also according to R. Yosi, 'Any permitted marriage' is just for parallel structure.

(a) (Ravin, citing R. Yochanan): When Nochrim of different nations marry, the children follow the father; if converts from different nations marry, the children receive the prohibitions of both parents.
(b) Question: What does the first part say?
(c) Answer (Beraisa): "Also from the children of the residents, you may buy (slaves)" - if a Nochri fathered a child through a Kana'anis, we may buy the child (he is not a Kana'ani, by whom it says "Do not leave any soul alive").

1. Suggestion: Perhaps this also applies to a Kana'ani that fathered a child through a Nochris of a different nation!
2. Rejection: "That Holidu in your land" - we may buy from those born in our land (i.e. the mother is from our land), not from those fathered by residents of our land.

(d) (Ravin): If converts from different nations marry, the children receive the prohibitions of both parents.
(e) Question: What is the case?

1. Suggestion: A Mitzri married an Amonis.
2. Rejection: She has no prohibition - only male Amomin are forbidden!

(f) Answer: Rather, an Amoni married a (first generation) Mitzris.

1. If the child is a boy - he is an Amomi (and he and his sons may not marry into Yisrael);
2. If the child is a girl - she is a (second generation) Mitzris (and she may not marry into Yisrael, but her children may).

(a) (Mishnah): If Reuven cannot Mekadesh Leah, but other men can Mekadesh her - children of Reuven and Leah are Mamzerim.
(b) Question: From where do we know this?
(c) Answer #1 (R. Chiya bar Aba): "She will leave his house and be to another man" - to others, not to relatives.

1. Question (R. Aba): Why not say - to others, not to the son?
2. Answer: We already know this - "A man will not marry his father's wife"!

(i) Rather, it must be, "another" forbids marrying other relatives.

3. Question: Perhaps 2 verses are needed for the son - 1, that l'Chatchilah she may not marry him; the other that even b'Dieved, she is not Mekudeshes!
4. Answer: We already know that l'Chatchilah she may not marry him from the prohibition to marry one's wife's sister!

(i) The punishment for relations with one's wife's sister is Kares, one may not Mekadesh her - all the more so, one may not Mekadesh relatives by which one is killed for relations with them!

5. Question: Perhaps 2 verses are needed for one's wife's sister - 1, that l'Chatchilah she may not marry him; the other that even b'Dieved, she is not Mekudeshes!
6. Answer: That is correct - "another" teaches that even b'Dieved, she is not Mekudeshes to her sister's husband.
7. Question: From where do we know by other relatives?

(d) Answer #2: We learn from one's wife's sister.

1. The punishment for relations with one's wife's sister is Kares (if intentional) or a sin-offering (if unintentional), Kidushin does not take effect by her - also every incestuous relationship punishable by Kares or a sin-offering, Kidushin does not take effect.
2. Question: This answer works for almost all forbidden relationships - but not for a brother's wife or another man's wife!

(i) We cannot learn to a brother's wife, for she is permitted in a situation of Yibum, whereas a wife's sister is never permitted for a Mitzvah!
(ii) We cannot learn to another man's wife, for she can be permitted (through a Get) in the life of the one who caused her to be forbidden (her husband), unlike a wife's sister!