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1) KOSHER CHILDREN FROM MAMZERIM

(a) (Mishnah - R. Tarfon): A Mamzer can cause that his children will be permitted to marry Yisraelim.

1. If he marries a Kana'anis slave, the children are slaves; if he frees them, they are free (as regular converts);
2. R. Eliezer says, the children are Mamzer slaves (and if they are freed, they are Mamzerim).

(b) (Gemara) Question: Did R. Tarfon say that a slave can do this l'Chatchilah, or only b'Dieved?
(c) Answer #1 (Beraisa - Chachamim (to R. Tarfon)): This helps a male Mamzer, but not a Mamzeres!

1. (We understand, if it is forbidden for Mamzerim to marry slaves, only a male Mamzer could secretly marry a slave.)
2. If it is permitted for Mamzerim to marry slaves, also a Mamzeres could marry a slave to permit her children!

(d) Rejection: No - there is no lineage by slaves (his children are as the mother - in this case, Mamzerim).
(e) Answer #2: R. Simlai told his innkeeper (who was a Mamzer) 'Had I known you earlier, I could have caused that your children will be permitted (to marry Yisraelim).'

1. We understand this if R. Tarfon's counsel is l'Chatchilah.
2. But if R. Tarfon only said that b'Dieved, the children are permitted - R. Simlai would not tell someone to transgresses!

(f) Rejection: He would have told him to steal (so he will be sold as a slave, and then be permitted to a Kana'anis slave - this is permitted in order to permit one's children).
(g) Objection: The law of a Yisrael slave did not apply in R. Simlai's time!

1. The law of a Yisrael slave only applies when Yovel applies.
2. We conclude, R. Tarfon's counsel is l'Chatchilah.

(h) (Rav Yehudah): The law is as R. Tarfon.
(i) (Mishnah): R. Eliezer says, the children are Mamzer slaves.
(j) (R. Elazar): R. Eliezer learns from "To him" (said by the prohibition of a Mamzer to marry a Yisrael) - if either parent is a Mamzer, the children receive this blemish.

1. Chachamim say, the verse only applies to a Yisrael that married a Mamzeres,

(i) It says "To their families, according to their father's houses" - one might have thought, the children are as the father - "To him" teaches, all descendants of Mamzerim are forbidden (even if they marry Yisraelim).

2. R. Eliezer: Just as "To him" teaches an exception to the rule "To their families, according to their father's houses" - it also teaches an exception to the rule "The (slave) and her children will be to her master"!
3. Chachamim say, a fetus inside a slave has no connection to its father.

2) THE TEN GENEOLOGICAL STOCKS

(a) (Mishnah): Ten different lineages came up with Ezra from Bavel: Kohen, Levi, Yisrael, Chalal, convert, freed slave, Mamzer, Nasin, Shtuki (one who knows his mother but not his father), Asufi (one deserted as a baby, who does not know either of his parents).
(b) Kohanim, Levi'im and Yisraelim are permitted to marry each other;
(c) Levi'im, Yisraelim, Chalalim, converts, and freed slaves are permitted to marry each other;
(d) Converts, freed slaves, Mamzerim, Nesinim, Shtukim and Asufim are all permitted to marry each other.
(e) Aba Sha'ul says that we can check Shtukim (to know if he has proper lineage).

(a) (Gemara) Question: Why does the Mishnah say 'came up from Bavel' - it should say, 'went to Eretz Yisrael'!
(b) Answer: The Mishnah teaches that Eretz Yisrael is the highest of all lands.

1. (Beraisa): "You will go up to the place that Hash-m will choose" - this teaches that the Beis ha'Mikdash is the highest place in Eretz Yisrael, and Eretz Yisrael is the highest land.
2. We understand how we learn that the Beis ha'Mikdash is the highest place in Eretz Yisrael - "You will go up";

3. Question: How do we learn that Eretz Yisrael is the highest land?
4. Answer: "(People will recount how) Hash-m raised and brought Benei Yisrael (to Eretz Yisrael) from the north and from all lands of their dispersion"

(c) Question: Why does the Mishnah say 'came up from Bavel' - it should say, 'came up to Eretz Yisrael'!
(d) Answer: To teach as R. Elazar.

1. (R. Elazar): Ezra didn't leave Bavel until he made it as clean flour (by taking all improper lineages with him).

(e) (Abaye): The Mishnah says, (people of improper lineage) 'came up' - on their own volition.
(f) (Rava): It says, (Ezra) forced them to come.

1. Rava holds as R. Elazar, Abaye does not.
2. Alternatively, we can say that both hold as R. Elazar;

(i) Abaye holds that Ezra publicized the people of improper lineage, then they came up on their own volition; Rava holds that he forced them to come.

(g) (Rav Yehudah): All other lands are as dough (a mixture) compared to Eretz Yisrael (there are many disqualified lineages among them); Eretz Yisrael is as dough compared to Bavel.

1. According to Abaye, they came on their own - this is why Eretz Yisrael is as dough compared to Bavel (the bad lineages intermarried in Eretz Yisrael, since people did not know about them ).
2. Question: According to Rava, Ezra forced them to come - surely, they were known in Eretz Yisrael, Eretz Yisrael should also be pure!
3. Answer: They were known in the generation of Ezra, but not in later generations.

(h) According to Abaye, we understand "I studied the people and the Kohanim; I did not find any Levi'im";
(i) Question: According to Rava, Ezra forced them to come, he already knew who came!
(j) Answer: He only forced people of bad lineage to come, he did not know which people of proper lineage came.
(k) (Mishnah): Kohanim, Levi'im and Yisraelim.
(l) Question: From where do we know that they came up?
(m) Answer: "The Kohanim and the Levi'im sat...and Yisrael".

(a) (Mishnah): Chalalim, converts and freed slaves.
(b) Question: From where do we know that Chalalim came?
(c) Answer (Beraisa - R. Yosi): We learn the power of Chazakah from "Sons of the Kohanim...that married daughters of Barzilai ha'Giladi...they could not find their lineage documents, and they were banished from Kehunah. (Nechemyah) told them, they will not eat Kodshei Kodoshim until the Urim v'Turim are restored (when Moshi'ach comes)."

1. He told them - since they had a Chazakah (in Bavel) to eat Terumah, they may continue to eat Terumah in Eretz Yisrael.
2. Question: According to the opinion that eating Terumah is a proof of proper lineage (for marriage) - perhaps people will see them eat, and assume that their lineage is fine!
3. Answer: They will not, for their Chazakah was weakened (Rashi - since they may not eat Kodshim; Tosfos - since they could not find their lineage documents).
4. Question: If so, how does this show the power of Chazakah?
5. Answer #1: In Bavel, they only ate mid'Rabanan Terumah; in Eretz Yisrael, they are permitted mid'Oraisa Terumah.
6. Answer #2: Also in Eretz Yisrael, they are only permitted mid'Rabanan Terumah; only eating mid'Oraisa Terumah is a proof of proper lineage.
7. Question: If so, how does this show the power of Chazakah?
8. Answer: In Eretz Yisrael, there was a concern, lest they come to eat mid'Oraisa Terumah - because of the power of Chazakah, no decree was made on mid'Rabanan Terumah.

(d) Question: "They will not eat Kodshei Kodoshim until the Urim v'Turim are restored" - this implies, they could eat everything else!
(e) Answer: No - it means, they may not eat what is called Kodesh (mid'Oraisa Terumah), nor what is called Kodshim (the chest and foreleg of Shelamim, which is given to Kohanim).

1. Terumah is called Kodesh - "Any non-Kohen will not eat Kodesh";
2. The chest and foreleg are called Kodshim - "A Bas Kohen that will marry a non-Kohen may not eat Terumas ha'Kodoshim".

i. This refers to the chest and foreleg, which are taken from Kodshim.