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1) FORBIDDEN CONVERTS

(a) (Beraisa): A boy above 9 years old, who descends from converts of Amon, Mo'av, Mitzrayim or Edom, or is a Kusi, Nasin, Chalal or Mamzer - if he has relations with a Bas Kohen, Bas Levi or Bas Yisrael, he disqualifies her (from Kehunah);

1. R. Yosi says, anyone whose children are disqualified, he disqualifies; anyone whose children are not disqualified, he does not disqualify;
2. R. Shimon ben Gamliel says, anyone whose widow is permitted to a Kohen, his daughter is also; if his widow is forbidden, so is his daughter.

(b) Question: On what do the first Tana and R. Yosi argue?
(c) Answer (R. Yochanan): They argue regarding a second-generation Mitzri (that has relations with a Bas Yisrael); they both learn from a Kohen Gadol, who disqualifies a widow.

1. The first Tana learns, just as a Kohen Gadol is forbidden to a widow, and he disqualifies her - all forbidden relations disqualify a woman (including a second-generation Mitzri that has relations with a Yisraelis).
2. R. Yosi learns, just as children of a Kohen Gadol from a widow are disqualified, and he disqualifies her - anyone whose children are forbidden, he disqualifies a woman.

i. But children of a second-generation Mitzri are Kesherim - "Children born to them, the third generation will enter the congregation".

(d) (Mishnah): R. Shimon ben Gamliel says, anyone whose widow is permitted to a Kohen, his daughter is also; if his widow is forbidden, so is his daughter.
(e) Question: On what do R. Yosi and R. Shimon ben Gamliel argue?
(f) Answer (Ula): They argue regarding an Amoni or Mo'avi convert (that has relations with a Bas Yisrael); they both learn from a Kohen Gadol, who disqualifies a widow.

1. R. Yosi learns, just as children of a Kohen Gadol from a widow are disqualified, and he disqualifies her - anyone whose children are forbidden (e.g. an Amoni), he disqualifies a woman.
2. R. Shimon ben Gamliel learns, just as all children of a Kohen Gadol from a widow are disqualified, and he disqualifies her - anyone whose children are all forbidden, he disqualifies a woman.

i. But only sons of an Amoni are forbidden - the Torah forbade an Amoni, not an Amonis; a Mo'avi, not a Mo'avis.

(a) (Rav Chisda): All agree that the widow of an Isa (a family in which a doubtful Chalal got mixed up) is forbidden to Kehunah.

1. The most lenient of the above Tana'im is R. Shimon ben Gamliel; he said, anyone whose widow is permitted to a Kohen, his daughter is also; if his widow is forbidden, so is his daughter - which case did he come to exclude?

i. Suggestion: He excludes the widow of an Isa, who is forbidden to Kehunah.

2. Rav Chisda teaches that we do not hold as the following Tana'im.

i. (Mishnah): R. Yehoshua and R. Yehudah ben Beseira testified that the widow of an Isa is permitted to Kehunah.
ii. Question: Why do they permit her?
iii. Answer: Because it is a double doubt - perhaps she did not marry the doubtful Chalal; and even if she did, perhaps he was really Kosher.

(b) (Mishnah): Definite Mamzerim may marry definite Mamzerim.
(c) (Rav Yehudah citing Rav): The law is as R. Elazar.

1. Shmuel: Hillel taught, 10 lineages came up from Bavel, all can intermarry - how can you say, the law is as R. Elazar?!

(d) Contradiction (in both Rav and Shmuel): A Mekudeshes woman became pregnant - Rav says, the child is a Mamzer; Shmuel says, he is a Shetuki;

1. Rav says, the child is a Mamzer, and is permitted to a Mamzeres; Shmuel says, he is a Shetuki, and forbidden to a Mamzeres!

(e) Answer #1: We must switch the opinions - Rav says, the child is a Shetuki; Shmuel says, he is a Mamzer.

1. Question: Why did Rav and Shmuel have to say this - we know this from what they said on our Mishnah!
2. Answer: We need to hear both.

i. If we only heard in the Mishnah (the child of a single girl) - one might have thought, Rav forbids the child to a Mamzeres, because most men are permitted to the mother (so the child is probably Kosher) - but by a Mekudeshes woman, most men are forbidden to her, he would admit, the child is a definite Mamzer and permitted to a Mamzeres.
ii. If we only heard by a Mekudeshes - one might have thought, Rav forbids the child to a Mamzeres, because we assume she is pregnant from her husband - but by a single woman, he would admit, the child is a definite Mamzer and permitted to a Mamzeres.

(f) Answer #2: Do not switch the opinions - Rav did not say that the child is a Mamzer to permit him to a Mamzeres, rather to forbid him to a Bas Yisrael;
(g) Answer #2A: Shmuel said the child is a Shetuki because he is forbidden to a Bas Yisrael.

1. Objection: That is how Rav holds!

(h) Answer #2B: Rather, Shmuel holds that we Mashtik (silence) him from Kehunah (serving in the Mikdash, Terumah...)

1. Question: This is obvious! We do not even consider him a proper Yisrael - all the more so, he is not a proper Kohen!

(i) Answer #2C: Rather, Shmuel holds that we silence him from inheriting his father.

1. Question: This is obvious - we aren't sure if her husband really is his father!
2. Answer: The Chidush is, even if he took the money, we make him return it.

(j) Answer #2D: Rather, Shmuel said he is a Shetuki - we ask his mother and she is believed to say that he is Kosher.
(k) Question: Shmuel already said that the law is as R. Gamliel (that we believe her) - why did he need to say this again?

1. (Mishnah - R. Gamliel and R. Eliezer): A single girl was pregnant; she said, the father is Ploni, he is Kosher - she is believed;
2. R. Yehoshua says, she is not believed.
3. (Shmuel): The law is as R. Gamliel.

(l) Answer: Shmuel also had to rule in our case that she is believed.

1. If he only said so in that Mishnah (where she is single) - one might have thought, that is because most men are permitted to her; but when she is Mekudeshes, she is not believed - we hear, this is not so.

(a) (Beraisa - R. Elazar): Similarly, a Kusi may not marry a Kusis.
(b) Question: Why not?
(c) Answer #1 (Rav Yosef): Chachamim decreed that they are as converts after 10 generations.

1. (Beraisa): Ten generations of converts may marry Mamzerim - after this, it is forbidden (for people do not recall that he descends from converts);

i. Some say, until people (actually) forget that he comes from converts.

2. Objection (Abaye): That is different - there, the conversion was forgotten, but the Mamzeres is known;

i. By the Kusim, the man and the woman are the same! (If people think he is Kosher, they will think she is also!)

(d) Answer #2 (Rav Dimi): R. Elazar holds as R. Yishmael, who holds as R. Akiva.

1. He holds as R. Yishmael who says that the Kusim's conversion was invalid, it was only to avoid being eaten by lions;
2. R. Yishmael holds as R. Akiva, who says that a Nochri or slave that has relations with a Yisraelis, the child is a Mamzer.
3. Question: But R. Yishmael does not hold as R. Akiva!
4. (R. Yochanan citing R. Yishmael): A Bas Kohen, Bas Levi or Bas Yisrael that had relations with a Nochri or slave is disqualified from Kehunah.

i. "A Bas Kohen that will be widowed or divorced without children (resumes eating Terumah)" - this is only after she was married to a Yisrael, by whom the concepts of widow and divorce apply; this excludes a Nochri or slave (they disqualify her from Terumah).
ii. If R. Yishmael held as R. Akiva - the child is a Mamzer, of course he disqualifies her!

(e) Correction: R. Elazar holds as R. Yishmael, who says that the Kusim's conversion was invalid; R. Elazar also holds as R. Akiva, who says that a Nochri or slave that has relations with a Yisraelis, the child is a Mamzer.

1. Objection: But R. Elazar does not hold as R. Akiva!

i. (Beraisa - R. Elazar): Even though Beis Shamai and Beis Hillel argue by co-wives (of a Yevamah that is related to the Yavam), they admit that a Mamzer only results from incest punishable by Kares.

(f) Answer #3 (Ravin): There is a 3-way argument:

1. R. Yishmael holds that the Kusim's conversion was invalid, and the Kohanim that intermarried with them were (already) disqualified - that is why it was forbidden to marry Kusim;

i. (Rabah bar bar Chanah) "He made mi'Ketzosam (some of them) priests of the private altars" - from the Kotzim (thorns, i.e. disqualified ones) among them.

2. R. Akiva holds that they sincerely converted, and the Kohanim that intermarried with them were Kesherim;

i. (Rabah bar bar Chanah) "He made mi'Ketzosam (some of them) priests of the private altars" - from the elite of the nation.
ii. Question: Why was it forbidden to marry Kusim?
iii. Answer: Because they would only do Yibum by a widow that was only Mekudeshes; if she had been fully married, they would exempt her from Yibum and Chalitzah.
iv. Question: Why did they do so?
v. Answer: They expounded "The widow Chutzah (outside) will not be (married) to a stranger" - but a widow that was inside, i.e. fully married, may marry a stranger.
vi. R. Akiva holds that Mamzerim result from relations forbidden by a Lav (such as "The widow will not be to a stranger").

3. Some say, Chachamim decreed not to marry Kusim because they are not fluent in the fine points of Mitzvos.
4. Question: As whom is this opinion?
5. Answer (Rav Idi bar Avin): As R. Eliezer.

i. (Beraisa): The Matzah of Kusim is permitted; one who eats it on the first night of Pesach fulfils the MItzvah;
ii. R. Eliezer forbids it, because they are not fluent in the fine points of Mitzvos;
iii. R. Shimon ben Gamliel says, the Mitzvos Kusim are established to keep, they are more meticulous in them than Yisrael.

6. Question: Why can't we marry Kusim, just because they are not fluent in the fine points of Mitzvos?
7. Answer: They make mistakes regarding Kidushin and divorce.

(g) Answer #4 (Rav Nachman): A Mamzer resulting from siblings, and a Mamzer resulting from a man that married his brother's wife intermarried with the Kusim (so there are Mamzerim among them).

1. Question: Why must Rav Nachman say how they became Mamzerim?
2. Answer: To teach that Chayavei Kerisus produce Mamzerim.
3. Question: Why did he have to give 2 examples?
4. Answer: The case was, 2 such Mamzerim intermarried with them.

(h) Answer #5 (Rava): A male slave and a female slave intermarried with the Kusim.

1. Question: The lineage problem is solely due to the female slave - why mention the male slave?
2. Answer: He described the case as it was.