[13a - 51 lines; 13b - 54 lines]

1)[line 5]מוכת עץMUKAS ETZ- a woman who has lost her virginity (through means other than relations)

2)[line 6]דרוסת אישDERUSAS ISH- a woman who has lost her virginity due to relations with another man

3)[line 10]טענתייהו במאיTA'ANASAIHU B'MAI- what are their claims, i.e. what is she claiming from him and what is he willing to give her?

4)[line 33]לא מפיה אנו חייןLO MI'PIHA ANU CHAYIN- (lit. we do not live from her mouth) we do not conduct ourselves according to her words. (One of the three pillars of the world is Emes, truth (Avos 1:18). As such, the Mishnah employs the phrase, "We do not live from her words," i.e. we cannot assume that her words are the truth - TOSFOS REBBI AKIVA EIGER, quoting TALMIDEI RABEINU YONAH, cited in the SHITAH MEKUBETZES. The TIFERES YISRAEL cites the Gemara in Sanhedrin 97a that tells of a place called Kushta, the inhabitants of which live long lives because they never tell lies. The word Kushta also means truth. Accordingly, the Mishnah hints that we will not live long lives because of her words, since she may be lying.)

5)[line 34]לנתיןL'NESIN (NESIN)

(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).

6)[line 34]ולממזרL'MAMZER (MAMZER)

(a)There are prohibited marital relations that invalidate the ensuing offspring and render them Mamzerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Asei produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin - Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.).

(b)A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).

7)[line 44]ומחתהU'MACHASAH- and wiped

8)[last line]מעלה עשו ביוחסיןMA'ALAH ASU B'YUCHASIN- Chazal were particularly stringent with regard to the marriage of Kohanim


9a)[line 9]לחורבה דמתאL'CHURVAH D'MASA- to a ruined building in a city that contains mostly Jews of unsullied lineage

b)[line 10]לחורבה דדבראL'CHURVAH D'DABRA- to a ruined building out in the fields

10)[line 20]אבלAVAL- true (i.e. we agree)

11)[line 22]כריסה בין שיניהKEREISAH BEIN SHINEHA- her stomach is between her teeth; i.e. she is pregnant

12)[line 24]אין אפוטרופוס לעריותEIN APOTROPOS L'ARAYOS- with regard to forbidden relationships, we cannot rely on the best "appointed official" or guard to guarantee that relations did not take place.

13)[line 26]שתוקיSHESUKI

A Shesuki is a person (male or female) whose paternal lineage is in doubt, and the possibility exists that he is a Mamzer. The term is derived from the word Shesikah, silence, since when he calls for his father, his mother tells him to be silent.