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YEVAMOS 49

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SUMMARY

There is a dispute between the Tana'im about the type of forbidden union that produces a Mamzer. (1)
 
If a wife or a Yevamah dies, her sister is permitted. (2)
 
Rebbi Simai says that according to Rebbi Akiva, children born from any union prohibited by a Lav are Mamzerim, even if the prohibition is not because she is a relative. (3)
 
Rebbi Yesheivav says that according to Rebbi Akiva, even children born from a union prohibited by an Aseh are Mamzerim.
 
All of the Tana'im agree that a child born from a Nidah or Sotah (a woman who was accused of being unfaithful to her husband, who then has a child with her husband) is a not a Mamzer. (4)
 
There is a dispute between Rav and Shmuel about whether Kidushin with a Shomeres Yavam is a valid Kidushin. (5)
 
The statements of Rebbi Eliezer ben Yakov are few but they are pure and are always the decisive Halachah.
 
King Menasheh brought his grandfather Yeshayah ha'Navi to judgment and subsequently murdered him.
 
Yeshayah attempted to escape from Menasheh by means of pronouncing the name of Hashem, but his attempt ultimately failed. (6)
 
The prophecy of Moshe Rabeinu had greater clarity than the prophecy of the other prophets.
 
Hashem is always available to the Tzibur. To an individual, He is available only during the Ten Days of Repentance.

A BIT MORE

1. Rebbi Akiva: A child is a Mamzer if he is born from a union that is an Isur Lav. Shimon ha'Timni: A child is a Mamzer only if he is born from a union that carries a Chiyuv Kares. Rebbi Yehoshua: A child is a Mamzer only if he is born from a union that carries a Chiyuv Misas Beis Din.
 
2. This applies even if she dies after she was divorced or received Chalitzah and she had married someone else.
 
3. Even a prohibition such as marrying one's own divorcee after she married another man, or marrying a Nesinah, would produce a Mamzer even though the prohibition is not because she is a relative. The exception is a widow who marries a Kohen Gadol; the child would be a Chalal, not a Mamzer.
 
4. Even though a Nidah is a Chiyuv Kares, Shimon ha'Teimani agrees that the child is not a Mamzer, because Kidushin with a Nidah is a valid Kidushin. Regarding a child born from a Sotah, even Rebbi Akiva agrees that a child born from her is not a Mamzer, even though it is an Isur Lav. The reason is that even after a woman becomes a Sotah, her marriage does not dissolve. When Rebbi Akiva says that a child born from an Isur Lav is a Mamzer, it is because he maintains that Kidushin with an Isur Lav is not a valid Kidushin. In the case of a Nidah or Sotah, since the Kidushin is valid the child is not a Mamzer.
 
5. Rav: Kidushin with a Shomeres Yavam is not valid. Therefore, a child born from her would be a Mamzer according to Rebbi Akiva. Shmuel: It is a doubt whether the Kidushin is valid or not.
 
6. Yeshayah was absorbed into a tree, and his mouth was vulnerable because he sinned with his mouth when he said, "I am sitting among a nation with impure lips." Thus, when they cut down the tree, he was struck in the mouth and he died.

BRIEF INSIGHT

THE MURDER OF YESHAYAH HA'NAVI
 
Rava says that Menasheh brought Yeshayah to justice and killed him. Rashi explains that Menasheh felt that Yeshayah was truly Chayav Misah, and therefore Yeshayah said, "It is better that I should run away rather than defend my prophecy, because if I defend my prophecy, Menasheh certainly will not accept my defense and he will kill me b'Mezid, not b'Shogeg." The Aruch la'Ner explains that a Navi who prophesied something that he never heard from Hashem is Chayav Misah, and therefore Menasheh wanted to put him to death. The Aruch la'Ner asks why did Yeshayah run away only because he did not want to make Menasheh's act be Mezid? He should have run away in any case, in order to save his life! He answers that Yeshayah knew that there was a decree in heaven that he will die, and he knew that running away would not save him from that decree, but he wanted to ensure that Menasheh would not be punished for killing him.

QUICK HALACHAH

WHAT RELATIONS CREATES A MAMZER
 
What is a Mamzer? The child born from relations with one of the Arayos, whether he or she is a Chiyuv Misas Beis Din or a Chiyuv Kares, with the exception of one who has relations with a Nidah, in which case the child is merely "blemished" but not a Mamzer. (Shulchan Aruch EH 4:13)
 
A child born from a Nidah is not forbidden to a Kohen, but she is regarded as "blemished" and flawed, and a person should avoid marrying her. (Beis Shmuel)

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