Kiddushin 73

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May 232016
 

There is a debate whether a convert can marry a mamzer.  Why can a shetuki (unknown father) and asufi (unknown parents – abandoned child)not marry a regular Jew?   According to the gemara, by Torah law they can, but the rabbis wanted to institute a higher standard for yochasin, lineage matters.  The gemara discusses in the asufi case distinctions between ways the baby/child was abandoned.  Not in every situation is it considered an asufi.

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Kiddushin 72

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May 222016
 

Since Babylonia was considered pure in terms of the lineage of its residents, the exact borders are delineated and discussed as well as exceptions in both directions.   Rebbi on his death bed proceeds to prophesize about various things including various cities with residents of flawed lineage and also the birth of Rav Yehuda who will ultimately step into his shoes.   There is a debate about whether the opinion brought that all other lands (other than Babylonia) have people with flawed lineage is just Rabbi Meir’s opinion and the rabbis disagree and think all people are by default unflawed or do the rabbis agree?  There is  a debate also brought about whether mamzerim will be purified in the future or not.

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Kiddushin 70

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May 202016
 

Proofs are brought that all 10 categories of people were brought from Babylonia to Israel in Ezra’s time.  One who calls someone pasul is himself pasul.  Shmuel understands that he is projecting.  Rav Yehuda took Shmuel literally and in a long and entertaining story, he declares someone a slave because he called others a slave.  He is summoned to Rav Nachman’s court and forced to explain his poisition.  But all throughout, Rav Yehuda maintains the upper position and in doing so causes many others to be declared as having flawed lineage in the town of Rav Nachman.  Other statements are brought in the gemara stressing the importance of marrying appropriate people.

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Kiddushin 69

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May 192016
 

A possible solution to resolving a mamzer problem is debated in the mishna based on a halacha learned in the previous mishna about the offspring of a Caananaite maidservant.  If her offspring goes by her, then a male mamzer can marry her and have the master free the offspring in which case the offspring would be Jewish.  The gemara derives that according to the opinion that allows this, it is permitted ab initio.  And that opinion is accepted in halacha.  However, nowadays in the absence of Caananite maidservants, this solution is not possible.  The fourth perek begins with a description of all the differnet lineages of the people that came to Israel in the time of Ezra and who is allowed to marry who.  There is a debate between Rava and Abaye about what happened historically.  Did Ezra forceably remove all those with problematic lineage when he went to Israel to ensure that proper records would be kept and people wouldn’t marry in forbidden marriages or did he recommend it and most of them followed of their own free will.

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Kiddushin 68

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May 182016
 

Study Guide Kiddushin 68

How was it determined that all children born from forbidden relations that are obligated by karet or death by the court are mamzerim.  The gemara questions why we learn it all from one’s wife’s sister (that the child would be a mamzer) and not from a nidda (the child would not be a mamzer).  Those born from forbidden relationship that are only a negative commandment (but not punishable by karet or death by the court are not mamzerim and a betrothal would be considered a betrothal.  This is learned from a verse.  Three alternative readings of that verse are brought in order to explain Rabbi Akiva’s unique opinions that the child would be a mamzer in those cases.  Derivations are brought to teach that the child born from a maidservant and a non Jewish woman are considered not Jewish.

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Kiddushin 66

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May 162016
 

Abaye holds that if one witness testifies and the person himself is silent, we accept the testimony of the witness.  In a case of a woman sleeping with another man, Abaye thinks it would be the same and Rava says that since it is a matter relating to sexual relations, and any matter like that needs two witnesses, one witness is not sufficient.  Both Abaye and Rava bring proofs from tannaitic sources and each contests the other’s proofs.  The story of the king Yannai killing all the sages except for Shimon ben Shetach is brought as the issue revolved around a suspicion relating to his mother – whether or not she had been forbidden to marry a kohen, his father and whether or not Yannai was fit to be a practicing kohen.

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Kiddushin 65

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May 152016
 

Study Guide Kiddushin 65

A man who says he betroths his older daughter – if he has two sets of wives and daughters from both wives, there is a debate whether or not all of them except the youngest are considered betrothed out of doubt or only the oldest of the older group of sisters.  Abaye clarifies that the debate would not apply in a case of 3 daughters all from the same mother – in that case it would be clear that the middle daughter would not be betrothed.  His opinion is questioned but the questions are resolved.  The mishna brings a case where either the man or the woman admits to being betrothed but the other does not.  The gemara then brings an opinion that if there is only one witness to a betrothal even if both the man and woman admit to the betrothal, they are not considered betrothed.  This opinion is questioned by our mishna and by other tannaitic sources but all difficulties are are resolved.

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Kiddushin 63

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May 132016
 

More opinions are brought who hold that one can acquire davar shela ba l’olam – something not is existence at the time.  A mishna is brought about one who betroths a woman conditioned upon doing something of monetary value for her.  There is a discussion in the gemara about whether the mishna is a standard case of conditional betrothal and it is a case where he also gave her an object of monetary value or is the betrothal through the value of the work he promised to do.  The mishna discusses what happens if one conditions the betrothal on his father’s consent.  Cases are brought where the father or the daughter say they are betrothed but don’t remember to whom.  What is the difference between the two cases?

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Kiddushin 62

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May 122016
 

More verses are brought to raise questions against the different opinions regarding a tanai kaful.  One cannot betroth a woman based on something that is not in existence.  The gemara brings different opinions as to what extent do we say something is/is not in existence.

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