[84a - 41 lines; 84b - 48 lines]
1)[line 1]הכלאיםHA'KIL'AYIM- a crossbreed
2)[line 1]וטרפהTEREIFAH- an animal with a malady that will cause it to die within the year
3)[line 1]ויוצא דופןYOTZEI DOFEN
(a)An animal born by Caesarian section is called a Yotzei Dofen ("one that left through the wall). A firstborn Yotzei Dofen does not have the sanctification of a Bechor (see Background to Chagigah 7:32). (The next born does not have the status of a Bechor either.)
(b)A Yotzei Dofen has the same status as an animal with a Mum (blemish). It cannot receive the sanctification of a Korban (sacrifice). If one sanctifies a Yotzei Dofen, then it must be redeemed. Its value is given to Hekdesh (the fund from which Korbanos and other items used in the Beis ha'Mikdash are purchased), and the animal returns to an unsanctified state.
4a)[line 2]לא קדושיןLO KEDOSHIN- they cannot receive the sanctification of a Korban
b)[line 2]ולא מקדשיןV'LO MEKADSHIN- nor can they sanctify other animals
(a)It is forbidden to transfer the Kedushah (sanctification) of an animal to that of another. Should one attempt such a transfer, then the second animal becomes sanctified, while the first remains so (Vayikra 27:10). The SEFER HA'CHINUCH explains that this prohibition teaches the proper reverence that one must have for objects of Kedushah (#351, 352).
(b)The Temurah (the animal to which the sanctification was transferred), is treated as the original, and is offered as a Korban (sacrifice) if it is unblemished. (An exception to this a the Temurah of a Korban Chatas or Asham, which may not be offered.)
(c)One who intentionally makes a Temurah receives Malkus (lashes). Under certain circumstances, even one who makes a Temurah unintentionally receives Malkus (see Temurah 17a and Chart ibid.).
6)[line 4]בעושה תמורהB'OSEH TEMURAH- refers to a situation in which one of the aforementioned animals was Kadosh, and that sanctification was then transferred to another animal. Although these animals cannot receive Kedushah directly, a Tereifah may have been Kadosh from before it contracted its condition, a Yotzei Dofen may have been sanctified before it was born, and any of them may have been born to an animal that was Kadosh.
7)[line 7]חברוCHAVRU- they gathered
8)[line 7]כתרנגולים של בית בוקיאK'TARNEGOLIM SHEL BEIS BUKYA- veteran and discriminating roosters [which chase away unfamiliar roosters]
PEREK #9 YESH MUTAROS
9)[line 16]כהן הדיוטKOHEN HEDYOT- a simple Kohen; i.e., one who is not the Kohen Gadol
10)[line 16]שנשאSHE'NASA (KIDUSHIN / NISU'IN)
(a)The first stage of Halachic marriage is called Kidushin (betrothal). Kidushin can be accomplished in one of three ways:
1.Kesef - A man can be Mekadesh a woman through giving her money or anything equal in value to a Perutah (a very small coin). Upon doing so, he must proclaim, "Harei At Mekudeshes Li b'(-----) Zu" — "Behold you are betrothed to me through this (-----)".
2.Shtar - A man can be Mekadesh a woman through giving her a marriage document. This may be written upon any surface, and need not be of any specific value. The words "Harei At Mekudeshes Li b'Shtar Zeh" must be written upon the Shtar.
3.Bi'ah - A man can be Mekadesh a woman through having relations with her. At that time, he must proclaim, "Harei At Mekudeshes Li b'Bi'ah Zu." Because Kidushin requires witnesses, the Chachamim strongly condemned anyone who uses this method of Kidushin.
(b)The Torah refers to this stage of marriage as "Eirusin" (Devarim 22:23). The term "Kidushin" is used by the Rabanan in order to connote that just as everyone is prohibited to benefit from Hekdesh (an object sanctified to the service of HaSh-m), through Kidushin a woman becomes prohibited to everyone in the world save her husband (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu). Although a man and women are married after Kidushin, they may not yet live together as man and wife.
(c)The second stage of Halachic marriage — the completion of the marriage — is termed Nisu'in. This is accomplished through Chupah. Chupah is never clearly described in the Gemara, and various opinions are offered by the Rishonim as to what exactly it entails (see Insights to Kesuvos 57:1). The general idea behind Chupah is that the groom brings his wife into his house. After the Chupah is performed, the marriage is complete.
11)[line 17]חללCHALAL / CHALALAH
(a)The Torah commands a Kohen Gadol not to marry a widow, divorcee, prostitute ("Zonah" — see Background to Yevamos 59:22), or Chalalah (Vayikra 21:14). An ordinary Kohen is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah, and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b)A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.
(c)A widow, divorcee or prostitute that has relations with a Kohen Gadol, and a divorcee or prostitute who has relations with a regular Kohen, becomes a "Chalalah." Female children born through such a union are also Chalalos. Also, any Jewish woman who has relations with a Chalal becomes a Chalalah (even though she is permitted to have relations with him).
(d)A Chalalah is prohibited to marry a Kohen. If she does marry (and have relations with) a Kohen, the Chalalah and the Kohen are punished with Malkus. A Chalalah may not eat Terumah. Although a Jewish woman who has living children from a Kohen normally eats Terumah, if she becomes a Chalalah she may no longer eat Terumah. Similarly, although the daughter of a Kohen normally eats Terumah until she becomes married to a non-Kohen, if she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e)A Kohen Gadol must marry a Besulah (virgin) (Vayikra 21:13). This is a Mitzvas Aseh (positive commandment), which is less severe than a negative one such as those forbidding him from marrying a divorcee, Zonah, etc. Should a Kohen transgress this Aseh and marry a Be'ulah (one who has had relations), the Chachamim maintain that she neither becomes a Chalalah nor are the resulting offspring Chalalim. Rebbi Eliezer ben Yakov rules that they are, and the Halachah follows his opinion (Yevamos 59b-60a).
12)[line 18]ממזרMAMZER- an illegitimate child (see Background to 68:11) [who may not marry a Jewess of unsullied lineage]
13)[line 22]שקידשSHE'KIDESH- see above, entry #10
14)[line 23]חללהCHALALAH- see above, entry #11
15)[line 26]אח כהן גדולACH KOHEN GADOL- a brother [who had once served as] Kohen Gadol
16)[line 29]שניות מד''סSHENIYOS MI'DIVREI SOFRIM - relationships forbidden by the Chachamim
(a)In addition to the forbidden relationships (Isurei Ervah) prohibited by the Torah and punishable with Kares (Vayikra 18:6-30, 20:10-22, et. al.), the Chachamim decreed to prohibit certain relatives who are permitted mid'Oraisa. This decree of Sheniyos (lit. "secondaries") was meant to distance a person from engaging in relationships that are prohibited by the Torah. Although the Chachamim lent severity to this Isur by showing hidden inferences to Sheniyos from various verses in the Torah (Yevamos 21a), nevertheless the prohibition of Sheniyos is only mid'Rabanan. Therefore, if a man betroths a Sheniyah, his Kidushin is valid, and the resulting child is not a Mamzer as the child of an Ervah mid'Oraisa would be. If a Yevamah is a Sheniyah of the Yavam, she and her Tzarah (co-wife) must do Chalitzah and not Yibum.
(b)In some cases Sheniyos were prohibited only in a single generation, while in other cases they were prohibited in subsequent generations as well. For example, not only is one's mother's mother a Sheniyah, his mother's mother's mother is a Sheniyah as well; not only is one's son's daughter-in-law a Sheniyah, his son's son's daughter-in-law is a Sheniyah as well. The general rule is that if there is an Ervah mid'Oraisa in one generation (in the above example, one's mother or daughter-in-law) the associated Sheniyah was prohibited in all previous generations and subsequent generations as well; that is, the Sheniyah was prohibited "without a Hefsek" (RASHI to Yevamos 21a DH v'Eshes Achi ha'Av — There are several exceptions to this rule; see Chart #6 to Yevamos 21a-22a and footnotes 2, 3.)
(c)There are those who prohibited Sheniyos based on the principle that "any relative who, as a female, is Asur as an Ervah, as a male his wife is Asur mid'Rabanan (i.e. a Sheniyah)." For example, since a man's daughter's daughter is prohibited to him, the Chachamim decreed that the daughter-in-law of his daughter is prohibited to him as a Sheniyah (GEMARA Yevamos 21b; see TOSFOS ibid. DH Lo Asru).
17)[line 31]כתובהKESUVAH - the Jewish marriage contract
(a)When a man marries (Nisu'in) a woman who was a Besulah (virgin) at the time of her Kidushin (betrothal), he must give her a marriage document stipulating that she is to receive 200 Zuz from him or his estate should he divorce her or die. 200 Zuz are equivalent to the value of 960 grams of silver. This document is called a Kesuvah (lit. "written"). Tana'im disagree as to whether this obligation is mid'Oraisa (Biblical) or mid'Rabanan (Rabbinic) in nature (Kesuvos 10a).
(b)If the bride had been widowed or divorced and is therefore a Be'ulah (not a virgin) then she receives a different Kesuvah. The Kesuvah of a Be'ulah guarantees only 100 Zuz to the bride in the case of the dissolution of the marriage. There is no question that the obligation to give this document is mid'Rabanan in nature (Kesuvos 10b). A widow is termed an "Almanah" since her Kesuvah is written for the amount of a "Manah" (one hundred Zuz) (ibid.).
(c)If a woman is younger than three at the time of her Kidushin, she always receives 200 Zuz. This is because her hymen grows back even when broken at this young age, and she is therefore by definition a Besulah.
(d)The amounts detailed above are only the minimum required to be written into a Kesuvah. One may voluntarily add any amount onto his wife's Kesuvah, and doing so is considered a way of honoring her.
18)[line 31]פירותPEIROS- the returns [of her Nichsei Melug, even though her husband is not obligated to redeem her should she fall into captivity (see below, entry #20)]
19)[line 31]מזונותMEZONOS- monetary support for food (which a woman usually receives from her husband)
20)[line 32]בלאותBELA'OS (NICHSEI MELUG / NICHSEI TZON BARZEL)
(a)All possessions belonging to a married woman fall into one of two categories: Nichsei Melug or Nichsei Tzon Barzel.
1.NICHSEI MELUG - In return a husband's obligation to redeem his wife should she fall into captivity, the Chachamim decreed that he owns the returns of any property belonging to his wife. Although the principal is hers, her husband reaps any gains that it produces as long as they are married. He may not, however, actively diminish the principal. For example, he owns produce harvested from her field and the right to work her beast of burden, but he may not dig trenches in the field nor slaughter the ox. These possessions are called "Nichsei Melug" — "possessions that are plucked" — since he "plucks" the benefits from his wife's property (RAV OVADYAH BARTENURA to Yevamos 7:1 and ARUCH Erech Malag). Nichsei Melug are not recorded, nor their values estimated, in a woman's Kesuvah (marriage contract). If her husband divorces her or dies before she does, then Nichsei Melug are returned "as is" regardless of any appreciation, depreciation, or deterioration that occurred over the intervening years.
2.NICHSEI TZON BARZEL - Properties belonging to the wife that are recorded and their values estimated in her Kesuvah are called "Nichsei Tzon Barzel" — lit. "iron sheep possessions." In the Kesuvah, her husband takes full responsibility for these items, and should he divorce her or die before she does, then she receives their value at the time of her marriage in full. Because he has a higher degree of responsibility for Nichsei Tzon Barzel than he does for Nichsei Melug, her husband has a higher degree of ownership in them as well.
(b)RASHI explains that "Bela'os" — "worn out cloth pieces" — in our Mishnah refer to the remnants of Nichsei Tzon Barzel that her husband received when he married her, and that he need not return to her. TOSFOS (DH Bela'os; 85a) and other Rishonim maintain that if they are still extant, then she does receive them. Bela'os refer to Nichsei Tzon Barzel that were completely used up, in which case he need not reimburse her for them.
21)[line 32]ונתינה... לנתיןV'NESINAH ... L'NESIN (NESINIM)
(a)In the times of Yehoshua, the Giv'onim (members of the Chivi nation, one of the seven nations whom the Jewish people were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish people. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ("va'Yitenem..." - "And he appointed them...," Yehoshua 9:27) to perform the tasks of chopping wood and drawing water.
(b)The Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. The Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak, and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).
22)[line 34]מאי איריאMAI IRYA ...?- why is it fitting ...?
23)[line 35]עשה ולא תעשהASEH V'LO SA'ASEH- a positive commandment [to marry a virgin (Vayikra 21:13)] and a negative commandment [not to marry a widow (Vayikra 21:14)]
24)[line 35]אתי עשה ודוחה לא תעשהASI ASEH V'DACHI LO SA'ASEH (ASEH DOCHEH LO SA'ASEH)
(a)When the fulfillment of a Lo Sa'aseh (prohibition) would prevent one from fulfilling a Mitzvas Aseh (positive commandment), the Aseh is able to "push aside" the Lo Sa'aseh. For example, if one wishes to wear a four-cornered linen garment, then the prohibition of Sha'atnez (see Background to 14:31) should prohibit one from attaching woolen threads to it. However, the Mitzvah of Tzitzis includes the attachment of woolen threads dyed with Techeles (a turquoise-colored dye) to any four-cornered garment. The Mitzvas Aseh of Tzitzis therefore overrides the Lo Sa'aseh of Sha'atnez.
(b)Tana'im disagree as to the source of this Halachah. Some understand that the proximity of the Mitzvah of Tzitzis and the Isur of Sha'atnez — which are commanded in adjacent verses (Semuchin) — serves as an indication that the Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others derive it from other sources (see Yevamos 5a, as well as Nazir 41a and 58a).
(c)This rule does not always apply. Exceptions discussed by the Gemara include:
1.A Lo Sa'aseh punishable by Kares (Yevamos 3b);
2.An action prohibited by both a Lo Sa'aseh and an Aseh (Chulin 141a);
3.A case in which the Aseh is accomplished only after the Lo Sa'aseh is transgressed (Shabbos 133a; see also NIMUKEI YOSEF to Bava Metzia 33a);
4.If it is possible to accomplish the Aseh without transgressing the Lo Sa'aseh, such as through performing the Aseh in differently or at a different time (Yevamos 20b; see also TOSFOS YESHANIM to Shabbos 25a and RASHBA to Yevamos 4b).
(d)Possible exceptions discussed by the Rishonim include:
1.A Mitzvas Aseh accomplished by one individual through a Lo Sa'aseh transgressed by two individuals;
2.An action prohibited by two Mitzvos Lo Sa'aseh (TOSFOS to Yevamos 3b DH Lo Sa'aseh);
3.An action prohibited by a Lo Sa'aseh and an Aseh elsewhere, even when it is currently prohibited by only a Lo Sa'aseh (TOSFOS to Kidushin 34a DH Ma'akeh).
(e)Our Gemara suggests that the positive Mitzvah of Yibum should defer the negative commandment prohibiting a Kohen Gadol from marrying a widow.
25)[line 35]כולה פירקיןKULAH PIRKIN- the entire chapter; i.e., all of the other cases discussed in our Mishnah
26)[line 37]דשוייהD'SHAVYAH- that he made her into
27)[line 38]ואדתניV'AD'TANI- and instead of teaching
28)[line 39]בת בוקתאBAS BUKSA- lit. that which resides in close proximity; i.e., the next case taught in the Mishnah
29)[last line]ליתני בתולהLI'SNI BESULAH!- teach [a case in which the Kohen Hedyot married] a virgin [since she will anyway be a widow after her husband dies]!
30)[line 1]נישואין הראשונים מפיליןNISU'IN HA'RISHONIM MAPILIN (MISAH MAPELES / NISU'IN MAPILIN)
(a)When a man dies without children, a bond termed "Zikah" forms between his wife (or wives) and his brother (or brothers). The Zikah does not allow her to marry anyone other than one of her Yevamim (brothers-in-law), and it exists until one of them has performed either Yibum or Chalitzah (see Background to 1:2).
(b)Tana'im disagree over the point at which the suitability of the Yevamah for Yibum is assessed. Some Tana'im understand that it is determined at the time of her husband's death, when the Zikah is forged. This opinion is referred to as "Misah Mapeles" (the bond between a Yavam and Yevamah is formed at the time of her first husband's death). Others maintain that a Yevamah falls to Yibum only when she was suitable all throughout her marriage. This opinion is referred to as "Nisu'in ha'Rishonim Mapilim" (the bond between a Yavam and Yevamah is formed at the time of her first marriage).
(c)Our Gemara suggests that perhaps the Tana of our Mishnah is of the opinion that Nisu'in ha'Rishonim Mapilim. Therefore, if the sister-in-law of a Kohen Gadol was suitable to marry him when she married his brother, the Kohen Gadol would be able to perform Yibum with her if necessary even though she is a widow at that point.
31)[line 8]דכי אתאKI ASA- when he came [from Eretz Yisrael]
32)[line 9]מצרי שני... מצרית ראשונהMITZRI SHENI... MITZRIS RISHONAH
(a)It is forbidden to marry a first- or second-generation Egyptian convert. This is derived from the verse that states that only a third-generation Egyptian convert may marry a Jewess (Devarim 23:8-9). This prohibition applies equally to both male and female converts.
(b)According to most opinions, this prohibition does not apply to modern-day Egyptian converts. This is because the nation currently living in Egypt is not the one to which the Torah refers (SEFER HA'CHINUCH # 563, 564).
(c)Rav Dimi maintains that the opinion of Rebbi Yochanan is that the generation of an Egyptian convert is dependant upon that of the mother.
33)[line 12]אי נסוב כי אורחייהוIY NASUV KI ORCHAIHU- if they marry as is fitting [with the son of the second-generation Mitzris marrying a Yisra'elis and the son of the first-generation Mitzris marrying a Mitzris Sheniyah]
34)[line 14]איפוך ונסובEIPUCH V'NASUV- they [sinfully] marry the opposite [of what is fitting, with the son of the second-generation Mitzris marrying a Mitzris Sheniyah and the son of the first-generation Mitzris marrying a Yisra'elis]
35)[line 16]אילוניותAILONIS- a woman lacking a womb, and therefore incapable of conception (the word "Ailonis" is derived from the word "Ayil" — a male ram [Kesuvos 11a])
36)[line 16]תנא ושיירTANA V'SHIYER- [the Tana] taught [certain cases] and left out [others]
37)[line 17]מאי שייר דהאי שיירMAI SHIYER D'HAI SHIYER?- What [else did the Tana] leave out, that [one can suggest that] he left this [case] out [as well]? It is illogical for the Tana to have left out a single Halachah, as one could easily then reach the conclusion that it is not an exception.
38)[line 17]פצוע דכאPETZU'A DAKA
The Torah does not allow certain sterile men to marry a Jewess of unsullied lineage (Devarim 23:2). One of these men is a Petzu'a Daka — one whose testicles are crushed. A Petzu'a Daka may, however, marry a convert or a freed slave (Yevamos 76a).
39)[line 18]תנא ליה חייבי לאויןTANA LEI CHAYAVEI LAVIN- [the Tana] taught [other cases of] Torah prohibitions [and there is no reason to think that the case of Petzu'a Daka would be any different]
40)[line 23]לא הוזהרו כשרות להנשא לפסוליןLO HUZHARU KESHEIROS L'HINASEI L'PESULIM- women who may marry Kohanim are not prohibited from marrying those who are rejected from the Kehunah (i.e., Chalalim; see above, entry # 11)
41)[line 26]לא מהדר מיתנא היאLO MEHADER MISNA HI- is not [an example of] a repetitive case taught [in our Mishnah]
42)[line 27]לאו שאין שוה בכלLAV SHE'EIN SHAVEH BA'KOL- a prohibition that does not apply equally to everyone [as non-Kohanim are not limited by this prohibition]
43)[line 36]כשרה לקהלKESHEIRAH L'KAHAL- permitted to marry into Klal Yisrael
44)[line 36]נמי כשר לקהלNAMI KASHER L'KAHAL- also [implies that] he may marry into Klal Yisrael
45)[line 37]מכלל דהוא פסול לקהלMI'CHLAL D'HU PASUL L'KAHAL!- which [in turn] implies that he himself may not marry into Klal Yisrael [which is untrue]!
46)[line 38]כהןKOHEN- [his brother is a valid] Kohen
47)[line 38]מידי איריא הא כדאיתא והא כדאיתאMIDI IRYA? HA KED'ISA V'HA KED'ISA!- is this a proof? This [case] is unique unto itself, and the other is unique unto itself!
48)[line 39]"[אשה זנה וחללה] לא יקחו [ואשה גרושה מאישה] לא יקחו""[ISHAH ZONAH VA'CHALALAH] LO YIKACHU, [V'ISHAH GERUSHAH ME'ISHAH] LO YIKACHU"- "He may not marry [a woman who is a Zonah (see Background to 59:22) or a Chalalah (see above, entry #11)], nor may he marry [a woman divorced from her husband.] " (Vayikra 21:7) - This verse refers to a Kohen. The repetition of the phrase "Lo Yikachu" is unnecessary.
49)[line 40]שהאשה מוזהרת על ידי האישSHE'HA'ISHAH MUZ'HERES AL YEDEI HA'ISH- that the woman is prohibiting from marrying a man. At this point, our Gemara assumes that this means that just as a Kohen cannot marry a Chalalah, a Kohenes cannot marry a Chalal.
50)[line 41]כל היכא דהוא מוזהר היא מוזהרתKOL HEICHA D'HU MUZHAR HI MUZHERES- whenever he is prohibited [from marrying her], she is prohibited [from marrying him]
51)[line 45]"[דבר אל בני ישראל] איש או אשה כי יעשו מכל חטאת האדם""[DABER EL BNEI YISRAEL] ISH O ISHAH KI YA'ASU MI'KOL CHAT'OS HA'ADAM..."- "[Speak to Bnei Yisrael and tell them:] A man or woman who transgresses any of the sins of man...." (Bamidbar 5:6) - This verse introduces the subject of one who stole of swore falsely and the Korban (sacrifice) that such an individual must offer.
52)[line 46]השוהHISHVEH- equated
53)[line 47]עונשיןONSHIN- negative prohibitions