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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Kidushin 73

KIDUSHIN 72-75 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) WHICH LINEAGES MAY INTERMARRY?

(a) (Beraisa - R. Yosi): A convert may marry a Mamzeres; R. Yehudah says, he may not.
1. Converts, freed slaves and Chalalim may all marry a Bas Kohen.
(b) Question: What is R. Yosi's reason?
(c) Answer: The Torah says "congregation (of Hash-m, i.e. Yisrael)" 5 times - 3 correspond to Kohanim, Levi'im, Yisraelim; 1 permits a Mamzer to marry a Shetuki (who is a doubtful Mamzer); 1 permits a Shetuki to marry a Yisrael.
1. We have no source to say that converts are part of the congregation of Hash-m (who are forbidden to marry Mamzerim).
2. R. Yehudah says that 1 "congregation" corresponds to Kohanim, Levi'im and Yisraelim - he has extra occurrences of the word to teach that converts are part of the congregation of Hash-m.
3. Alternatively - R. Yehudah agrees, 3 "congregation"s correspond to Kohanim, Levi'im, Yisraelim;
i. He holds, 1 permits a Mamzer to marry a Shetuki and also for a Shetuki to marry a Yisrael (so 1 is free to teach that converts are part of the congregation of Hash-m);
ii. "A Mamzer will not enter (marry someone from) the congregation of Hash-m" - a definite Mamzer may not enter the congregation, a doubtful Mamzer may;
iii. A Mamzer may not marry a definite member of the congregation, he may marry a doubtful member.
4. Alternatively - R. Yehudah expounds the 5 "congregation"s as R. Yosi;
i. He learns from "The congregation - there will be 1 law for you and converts".
ii. R. Yosi argues, because "One law" separates between "congregation" and "for you and converts".
(d) (Beraisa): Converts, freed slaves and Chalalim may all marry a Bas Kohen.
(e) This supports Rav.
1. (Rav): A Bas Kohen is not forbidden to marry lineages that are disqualified from Kehunah.
(f) Rav Zeira taught in Mechuza: a convert may marry a Mamzeres - he was pelted with Esrogim.
1. Rava: It is not nice to teach thusly in a city full of converts.
(g) Rava taught in Mechuza: a convert may marry a Bas Kohen - they covered him with silk.
1. He added: a convert may marry a Mamzeres - he lost the favor he had found in their eyes.
2. Rava: I am helping you - you have more options whom to marry!
(h) The law is, a convert is permitted to a Bas Kohen - as Rav; he is permitted to a Mamzeres - as R. Yosi.
2) DOUBTFUL MAMZERIM
(a) (Mishnah): A Shetuki is one who recognizes (his mother, not his father).
(b) (Rava): Mi'di'oraisa, a Shetuki is Kosher.
(c) Question: Why is this?
(d) Answer: The majority of men (possible fathers) are permitted to her (an unmarried woman). If the father came to her (to have relations) - we assume that he came from the majority;
1. Even if she went to him, so the (potential) prohibition is considered fixed, and we view it as an even doubt - "A Mamzer will not enter the congregation of Hash-m" - a definite Mamzer may not enter the congregation, a doubtful Mamzer may;
2. A Mamzer may not marry a definite member of the congregation, he may marry a doubtful member.
(e) Question: Why does the Mishnah say that a Shetuki may not marry people of good lineage?
(f) Answer #1: This is a decree, lest he will marry a paternal sister.
1. Objection: If so, he should not be allowed to marry a Shetukis, perhaps she is his paternal sister!
2. Answer #1: We are not concerned that every Shetuki came from the same man.
3. Objection: He should not be allowed to marry a Bas Shetukis, perhaps she is his paternal sister!
4. Answer #2: Rather, we are not concerned for this, it is unlikely.
5. Objection: If so, we should also not be concerned that a girl of good lineage is his sister!
(g) Answer #2: This was a stringency in lineage (we were only stringent by people of good lineage).
(h) (Rava): Mi'di'oraisa, an Asufi (a deserted baby) is Kosher.
(i) Question: Why is this?
(j) Answer: (In most cases), a married woman would not cast out her baby (even if he is a Mamzer) - she would claim it is from her husband;
1. Granted, a minority of married women cannot do so, i.e. if she is only Mekudeshes, or if her husband was surely abroad when the baby was conceived (and they would abandon a Mamzer);
2. But many women would abandon a Kosher baby, i.e. a single woman (that is ashamed to have conceived out of wedlock) or a married women (who conceived from her husband) that cannot feed the baby!
i. It is an even doubt - as above, a doubtful Mamzer may enter the congregation of Hash-m", and a Mamzer may marry a doubtful member of the congregation.
(k) Question: Why does the Mishnah say that an Asufi may not marry one of good lineage?
(l) Answer #1: This is a decree, lest he will marry a paternal sister. (We are not concerned for a maternal sister - we do not suspect his potential mother-in-law of having deserted a baby).
1. Objection: If so, he should not be allowed to marry an Asufis, perhaps she is his paternal or maternal sister!
2. Answer #1: We are not concerned that all deserted babies come from the same partents.
3. Objection: He should not be allowed to marry a Bas Asufi, perhaps she is his sister!
4. Answer #2: Rather, we are not concerned for this, it is unlikely.
5. Objection: If so, we should also not be concerned that a girl of good lineage is his sister!
(m) Answer #2: This was a stringency in lineage.
73b---------------------------------------73b

3) WHEN ARE WE CONCERNED FOR ASUFIM

(a) (Rabah bar Rav Huna): A baby found circumcised - he is not considered an Asufi (but rather, we assume he has proper lineage).
(b) In all these cases, a baby is not considered an Asufi:
1. His limbs are straightened, he was rubbed with oil, around his eyes was painted, ribbons are tied on him (to ward off illness), or a Kami'a, with writing or herbs inside (to ward off illness) hangs from him.
(c) If he is suspended from a date tree - if animals can reach him, he is an Asufi; if not, not.
(d) If he is suspended from a sorb tree - if it is close to the city, he is an Asufi (for such trees host damaging Shedim); if not, not.
(e) If he is found by a synagogue - if it is close to the city and many people go there, he is not an Asufi; if not, he is.
(f) (Ameimar): A baby found in a ditch (outside the city) in which pits are thrown - he is an Asufi (Shedim are frequent there).
(g) A baby found on a raft floating in the middle of the river - he is not an Asufi (for he will be found by ships); near the banks of the river - he is an Asufi.
(h) If he is found on the shoulder of the public thoroughfare - he is not an Asufi; in the public thoroughfare, he is.
(i) (Rava): In times of famine, he is not is considered an Asufi.
(j) Question: On which case does Rava speak?
1. Suggestion: If when he is found in the public thoroughfare - just because the parents cannot feed him, would they want their baby to die?!
2. Suggestion: If he was found on the shoulder of the public thoroughfare - if so, even when food is plentiful, he is not an Asufi!
(k) Answer: Rather, Rava said this regarding Rav Yehudah's teaching.
1. (Rav Yehudah): Before the baby is picked up, a couple is believed to say that they are his parents; after the baby is picked up, they are not believed to say that they are his parents.
i. (Rava): Once he is picked up, he is called an Asufi, they cannot permit him.
2. (Rava): In times of famine, even after he is picked up, they are believed to say that they are his parents.
4) PEOPLE THAT ARE ONLY BELIEVED RIGHT AWAY
(a) (Rav Chisda): Three people are believed right away: parents regarding an Asufi; a midwife; and a woman that (found that she is Nidah and) exempts other women. (The parents - as above.)
(b) A midwife - (Beraisa): A midwife is believed to say which of 2 twins was born first.
1. She is only believed if she never left - if she left and returned, she is not believed.
2. R. Eliezer says, if she kept her vigil, she is believed; if not, not.
3. Question: On what do they argue?
4. Answer: When she turned her face away.
(c) Question: What is the case of a woman that exempts other women?
(d) Answer (Mishnah): Three women slept in a bed; blood was found under one of them - each must be concerned that she is Nidah.
1. If 1 of them checked and found that she is Nidah, the others are Tehoros.
2. (Rav Chisda): This is only if she checked herself immediately after the blood was found.
(e) (Beraisa): A midwife is believed to say 'This child is the Kohen, this is the Levi, this is the Nasin, this is the Mamzer'.
1. This is only if no one protests - if someone protests, she is not believed.
2. Question: What is the nature of the protest?"
i. Suggestion: If 1 person protests - but R. Yochanan taught, protest must be from 2 people!
3. Answer #1: Rather, 2 people protested.
4. Answer #2: Really, 1 person protested; R. Yochanan only said that protest must be from 2 people when there is a previous Chazakah; here, there is not.
(f) A storekeeper is believed to say to which man he sold.
1. This is only when the storekeeper is holding the merchandise - if not, he is not believed.
(g) Question: Surely, he sold to the man that paid him!
(h) Answer: The case is, both paid him - he says that he willingly took from one, the other forced the money into his hand, and we do not know from which he took willingly.
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