POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Yevamos 45
1) THE CHILD OF A SLAVE OR NOCHRI THROUGH A BAS YISRAEL
2) CHILDREN OF A HALF-SLAVE
(b) (Rav Dimi citing Rabeinu): A Nochri or slave that has
relations with a Bas Yisrael, the child is a Mamzer.
i. A slave or Nochri cannot be engaged to others -
they are as Chayavei Kerisus.
2. Retraction: Rather, Rav Yosef answered (Question
3:e:1 44B) thusly.
ii. Question (Beraisa): A Nochri or slave that has
relations with a Bas Yisrael, the child is a
Mamzer; R. Shimon Ben Yehudah says, a Mamzer
only comes from Ervah which is Chayavei
3. Answer #2 (Rav Yosef): Rebbi is the one that admits.
i. Even though Rebbi said, 'Only R. Akiva says
this (that if Yibum was done after Chalitzah,
no Get is needed), since R. Akiva considers a
Chalutzah as Ervah' - and Rebbi himself argues
- Rebbi admits by a Nochri or slave that has
relations with a Bas Yisrael (that the child is
(c) R. Acha redeemed captives; one was pregnant from a
(d) (R. Ami): R. Yochanan, R. Elazar, R. Chanina - all say,
the child is a Mamzer.
(e) Objection (Rav Yosef): Does a long list of names prove
that this is the law? Behold, Rav and Shmuel in Bavel,
and R. Yehoshua Ben Levi and Bar Kapara in Eretz Yisrael
say that he is Kosher!
1. Some say that in place of 'Bar Kapara', Rav Yosef
cited 'the elders of the south'.
(f) (Rav Yosef): The law is, he is a Mamzer - but this is
because Rebbi says this.
(g) (Rav Dimi): Rabbeinu (Rebbi) says, the child is a Mamzer;
R. Yehoshua Ben Levi says, the child is ruined.
(h) Question: To whom is the child ruined?
1. Suggestion: If to the congregation - but R. Yehoshua
said, the child is Kosher!
(i) Answer: Rather, he is ruined to Kehunah.
1. All the Amora'im that say that the child is Kosher
admit that he is blemished to Kehunah, from a Kal
v'Chomer from a widow to a Kohen Gadol.
(j) Question (Abaye to Rav Yosef): Why do you rely on what
Rav Dimi said - rely on what Ravin said!
2. A widow that marries a Kohen Gadol - even though
this prohibition does not apply to all people, the
child is blemished - a Nochri or slave that has
relations with a Bas Yisrael, a prohibition which
applies to all, all the more so!
3. Question: We cannot learn from here, since she
herself becomes defiled!
4. Answer: Here also, she becomes defiled!
i. (R. Yochanan): A Nochri or slave that has
relations with a Kohenes, Leviyah or Bas
Yisrael defiles her - "A Bas Kohen that will be
widowed or divorced" (can return to eat
Terumah) - this only applies to someone from
whom there is widowhood or divorce; widowhood
and divorce do not apply to a Nochri or slave.
1. (Ravin): R. Nasan and R. Yehudah ha'Nasi permit the
(k) Rav also permits the child!
i. R. Yehudah ha'Nasi is Rebbi.
1. A man came to Rav. A Nochri or slave that has
relations with a Bas Yisrael - what is the status of
(l) Rav Masneh and Rav Yehudah also permitted the child.
2. Rav: Kosher.
3. The man: Let me marry your daughter!
4. Rav: No!
5. Rav Simi Bar Chiya: People will say, a camel dances
in a tiny circle (you are not showing confidence in
6. Rav: If the man was as Yehoshua Bin Nun, I would not
give him my daughter!
7. Rav Simi: If he was as Yehoshua Bin Nun, he could
find other girls to marry; this man, if you don't
give him your daughter, neither will others!
8. The man would not leave; Rav put his eyes on him,
and he died.
1. When such a case came to Rav Yehudah, he would
counsel him to go to a place where he is unknown,
and get married there; alternatively, he should
marry a girl of similar parentage. (Even though he
is permitted, children of all-Jewish parents were
reluctant to marry him).
(a) Question (People of Bei Michsi): A half-freed slave that
has relations with a Bas Yisrael - what is the child?
(b) Answer (Rabah): Even a full slave, the child is Kosher -
all the more so, a half-slave!
(c) (Rav Yosef): Rav Yehudah rules that a slave that has
relations with a Bas Yisrael, the son is Kosher - but by
a half-slave, he says that the child has no solution!
3) CONVERSION THROUGH IMMERSION
1. Rav Yehudah's law was said by a half-slave that
engaged a Bas Yisrael - his slave side has relations
with a married woman (and this produces a Mamzer).
(d) Objection: But Nehardai say, the opinion that
disqualifies the child, does so even by a single girl;
the opinion that permits the child, does so even by a
1. Both opinions learn from a father's wife.
(e) Correction: Rather, R. Yehudah's teaching was said by a
half-slave that has relations with a married woman - the
slave half has relations with a married woman (and the
child is a Mamzer).
i. The opinion that says the child is a Mamzer -
just as Mamzerim come from a man that fathers a
child with his father's wife, because the
parents could not be engaged - the same applies
whenever the parents could not have been
ii. The opinion that says the child is Kosher -
Mamzerim come from a man that fathers a child
with his father's wife, because the father
could be engaged to other people, but not the
mother - a Nochri or slave cannot be engaged to
anyone, so his children are never Mamzerim.
(f) (Ravina): R. Yosi Bar Avin ruled in 2 cases. By a single
girl, he ruled that the child is Kosher; by a married
woman, he ruled that the child is forbidden.
(g) (Rav Sheshes): No, R. Yosi Bar Zvida ruled - and he
permitted in both cases.
(h) (Rav Acha Brei d'Rava): Ameimar permitted both cases.
(i) The law is, a Nochri or slave that has relations with a
Bas Yisrael, the child is Kosher, whether the mother is
married or not.
(j) Rava ruled that Mari Bar Rachel is Kosher, and gave him a
position of authority.
1. Even though converts cannot be appointed to
authority - "Put on yourselves a king", all
appointments must be amidst your brethren - since
his mother is Jewish, this is considered midst your
(a) R. Chiya Bar Ami's servant immersed a Nochris, (so she
should not be a Nidah) because he wanted to take her as a
(b) (Rav Yosef): I can show that she and her daughter are
1. She is Kesherah - as Rav Asi.
(c) People were calling a certain man the son of a Nochris.
i. (Rav Asi): Didn't she immerse because she was
Nidah?! (This suffices for conversion.)
2. Her daughter is Kesherah - a Nochri or slave that
has relations with a Bas Yisrael, the child is
1. (Rav Asi): Didn't she immerse because she was
(d) People were calling a certain man the son of a Nochri.
1. (R. Yehoshua Ben Levi): Didn't he immerse because of
seminal emissions?! (This suffices for conversion.)
(e) (Rav Chama Bar Gurya): One who buys a slave from a Nochri
- if the slave immersed, intending to become free, he is
a free convert.