KOSHER CHILDREN FROM MAMZERIM
(Mishnah - R. Tarfon): A Mamzer can cause that his children will be permitted to marry Yisre'elim.
If he marries a Shifchah Kena'anis, the children are slaves. If he frees them, they are regular converts;
R. Eliezer says, the children are Mamzer slaves. (If they are freed, they are Mamzerim.)
(Gemara) Question: Did R. Tarfon say that a slave may do this l'Chatchilah, or only b'Dieved?
Answer #1 (Beraisa - Chachamim (to R. Tarfon)): This helps a male Mamzer, but not a Mamzeres!
If Mamzerim may marry slaves, also a Mamzeres could marry a slave to permit her children! (If it is forbidden, a Mamzer would need to relocate and claim that he is a slave. This is reasonable for a male but not for a female.)
Rejection: No. There is no lineage to slaves. (His children would be like the mother (Mamzerim).)
Answer #2: R. Simlai told his innkeeper (a Mamzer) 'had I known you earlier, I could have caused that your children will be permitted (to marry Yisre'elim).'
We understand this if R. Tarfon's counsel is l'Chatchilah.
If R. Tarfon's Heter is b'Dieved, R. Simlai would not tell someone to transgress!
Rejection: He would have told him to steal (so he will be sold to be an Eved Ivri (Yisrael slave), who is permitted to a Shifchah. This is permitted in order to permit one's children.)
Objection: The law of Eved Ivri did not apply in R. Simlai's time!
The law of Eved Ivri applies only when Yovel applies.
Conclusion: R. Tarfon's counsel is l'Chatchilah.
(Rav Yehudah): The Halachah follows R. Tarfon.
(Mishnah - R. Eliezer): The children are Mamzer slaves.
(R. Elazar): R. Eliezer learns from "to him" (in the Lav for Mamzerim to marry Yisre'elim) - if either parent is a Mamzer, the children receive this blemish.
Chachamim say, the verse applies only to a Yisrael who married a Mamzeres;
Suggestion: Perhaps "to their families, according to their father's houses" teaches that the children are like the father!
Rejection: "To him" forbids all descendants of Mamzerim (even if they marry Yisre'elim).
R. Eliezer: Just like "to him" overrides the rule "to their families, according to their father's houses", it also overrides the rule "the (slave) and her children will be to her master"!
Chachamim say, a fetus inside a slave has no connection to its father.
THE TEN GENEOLOGICAL STOCKS
(Mishnah): Ten different lineages came up with Ezra from Bavel: Kohen, Levi, Yisrael, Chalal, convert, freed slave, Mamzer, Nasin, Shesuki (one who knows his mother but not his father), Asufi (a deserted baby, who does not know either of his parents).
Kohanim, Leviyim and Yisre'elim may marry each other;
Leviyim, Yisre'elim, Chalalim, converts, and freed slaves may marry each other;
Converts, freed slaves, Mamzerim, Nesinim, Shtukim and Asufim may all marry each other.
Aba Sha'ul says we can check (the Kashrus of) a Shesuki (this will be explained).
EZRA'S ASCENT TO ERETZ YISRAEL
(Gemara) Question: Why does the Mishnah say 'came up from Bavel'? It should say 'went to Eretz Yisrael'!
Answer: The Mishnah teaches that Eretz Yisrael is the highest of all lands.
(Beraisa): "You will go up to the place that Hash-m will choose" teaches that the Beis ha'Mikdash is the highest place in Eretz Yisrael, and Eretz Yisrael is the highest land.
Granted, we learn that the Beis ha'Mikdash is the highest place in Eretz Yisrael from "you will go up";
Question: How do we learn that Eretz Yisrael is the highest land?
Answer: "(People will recount how) Hash-m raised and brought Bnei Yisrael (to Eretz Yisrael) from the north and from all lands of their dispersion"
Question: Why does the Mishnah say 'came up from Bavel'? It should say 'came up to Eretz Yisrael'!
Answer: This alludes to R. Elazar's teaching:
(R. Elazar): Ezra didn't leave Bavel until he made it like clean flour (he took all the Pesulim with him).
(Abaye): The Mishnah says (that people of improper lineage) 'came up', they chose to come.
(Rava): It says that he (Ezra) forced them to come.
Rava holds like R. Elazar, but Abaye does not.
Alternatively, both hold like R. Elazar. Abaye holds that Ezra publicized the Pesulim, and then they choose to come. Rava holds that he forced them to come.
(Rav Yehudah): All other lands are like dough (mixed with Pesulim) compared to Eretz Yisrael. Eretz Yisrael is like dough compared to Bavel.
Question: Granted, according to Abaye, the Pesulim came on their own (others did not know about them, and married the Pesulim in Eretz Yisrael), therefore Eretz Yisrael is like dough compared to Bavel.
According to Rava, Ezra forced them to come. Surely, they were known in Eretz Yisrael. Eretz Yisrael should also be pure!
Answer: They were known in the generation of Ezra, but not in later generations.
Question: According to Abaye, we understand "I studied the people and the Kohanim. I did not find any Leviyim";
Question: According to Rava, Ezra forced them to come. He already knew who came!
Answer: He only forced Pesulim to come. He did not know which Kosher lineages came.
(Mishnah): Kohanim, Leviyim and Yisre'elim (came with Ezra).
Question: What is the source that they came up?
Answer: "The Kohanim and the Leviyim sat... and Yisrael."
THE STRENGTH OF CHAZAKAH
(Mishnah): Chalalim, converts and freed slaves (came).
Question: What is the source that Chalalim came?
Answer (Beraisa - Rebbi Yosi): We learn the power of Chazakah from "Bnei ha'Kohanim... who married daughters of Barzilai ha'Giladi... they could not find their lineage documents, and they were banished from Kehunah. Ha'Tarshasta (Nechemyah) told them, they will not eat Kodshei Kodoshim until the Urim v'Turim are restored (when Moshi'ach comes)."
He told them that since they had a Chazakah (in Bavel) to eat Terumah, they may continue to eat Terumah in Eretz Yisrael.
Question: According to the opinion that eating Terumah is a proof of proper lineage (for marriage), perhaps people will see them eat, and assume that their lineage is fine!
Answer #1: They will not, for their Chazakah was weakened (Rashi - since they may not eat Kodshim; Tosfos - since they could not find their lineage documents).
Question: If so, how does this show the power of Chazakah?
Answer: In Bavel, they only ate Terumah mid'Rabanan. In Eretz Yisrael, they may eat Terumah mid'Oraisa.
Answer #2 (to question (d)): Also in Eretz Yisrael, they are only permitted Terumah mid'Rabanan. Only eating Terumah mid'Oraisa proves proper lineage.
Question: If so, how does this show the power of Chazakah?
Answer: In Eretz Yisrael, there was concern lest they come to eat Terumah mid'Oraisa. Due to the power of Chazakah, no decree was made about mid'Rabanan Terumah.
Question: "They will not eat Kodshei Kodoshim until the Urim v'Turim are restored" implies that they could eat everything else!
Answer: No. It means that they may not eat what is called Kodesh (Terumah mid'Oraisa), nor what is called Kodshim (the chest and foreleg of Shelamim, which is given to Kohanim).
Terumah is called Kodesh - "any non-Kohen will not eat Kodesh";
The chest and foreleg are called Kodshim - "a Bas Kohen who will marry a non-Kohen may not eat Terumas ha'Kodoshim".
This refers to the chest and foreleg, which are taken from Kodshim.