1)

(a)Ezra sifted out all the Pesulim when he left Bavel to go to Eretz Yisrael - so as to leave only real Meyuchasim in Bavel (since, once he left Bavel, there would be no Beis-Din to sort them out).

(b)Ten groups of 'Yuchsin' [See Tos.Yom-Tov]) accompanied him to Eretz Yisrael.

(c)The first three on the list are - Kohanim, Levi'im and Yisre'elim (See Tos. Yom-Tov DH 'Kohanim, Levi'im ... ' & DH 'Levi'im').

(d)The fourth on the list is Chalalim - (Kohanim who are born from P'sulei Kehunah) and the fifth Geirim (See Tos. Yom-Tov) ...

(e)'Chalalim' incorporates an Almanah le'Kohen Gadol- and a Gerushah, a Chalalah and a Zonah to a Kohen Hedyot (See Tos. Yom-Tov).

2)

(a)The sixth 'Meyuchas' is 'Charuri' - Avadim who have ben set free.

(b)The seventh 'Meyuchas' is Mamzerim and the eighth - 'Nesinim' (the Giv'onim who circumcised in the time of Yehoshua, one whom Yehoshu'a decreed a prohibition from marrying into the K'hal Hash-m).

(c)The last two on the list are - 'Shesuki' and 'Asufi' (which will be explained shortly).

3)

(a)The Halachic common factor that combines Kohanim, Levi'im and Yisre'elim is - the fact that they are permitted to intermarry and ...

(b)... the Mishnah says the same about ...

1. ... Levi'im (See Tos. Yom-Tov), Yisre'elim, Chalalim, Geirim and Charurim (See Tos. Yom-Tov), and about ...

2. ... the last six Meyuchasim.

4)

(a)Geirim are allowed to marry Mamzerim and Nesinim, based on the principle - 'K'hal Geirim Lo Ikri Kahal (as we explained earlier).

(b)We would have thought that Shesuki and Asufi are prohibited from marrying Mamzerim - since they are themselves Safek Mamzerim, who may well be Kasher.

(c)They are permitted to do so however - because we Darshen that it is only from Kahal Vaday that the Torah precludes Mamzerim, but not from Kahal Safek.

5)

(a)The Tana defines ...

1. ... 'Shesuki' as - a child who recognizes his mother but not his father.

2. ... 'Asufi' as - a baby who was picked-up in the street, who recognizes neither his father nor his mother.

(b)The former (which is a derivative of 'Shesikah' [silence]) is called by that name - because when he refers to any particular man as 'Aba', his mother bids him be silent.

(c)The common status that the two share is that of - Safek Mamzer (as we learned earlier).

6)

(a)When Aba Sha'ul declares a Shesuki 'Beduki', he means that - if the mother declares that the man with whom she had relations was Kasher, then we believe her, and the baby is Kasher (See Tos. Yom-Tov).

(b)The Halachah is - like Aba Sha'ul (See Tos. Yom-Tov).

7)

(a)The Mishnah rules that all the Isurei Kahal - are permitted to intermarry.

(b)Despite the fact that we have already learned this in the first Mishnah in the Perek, the Tana sees fit to repeat it - to add a Ger Amoni and Mo'avi (who were not mentioned there).

(c)When he continues 'Rebbi Yehudah Oser', what it really means to say is - that even though Rebbi Yehudah forbids other Geirim to marry a Nasin or a Mamzer, he permits a Ger Amoni u'Mo'avi to do so.

(d)He forbids regular Geirim to marry the other Pesulim - because he holds 'K'hal Geirim Ikri Kahal'.

8)

(a)Rebbi Eliezer argues with the Tana Kama with regard to Shesuki and Asufi. The other case of Safek Mamzer listed by the Tana is - Kuti ...

(b)... which he considers a Safek - since the Kutim were not conversant with the Dinim of Gitin and Kidushin.

(c)Nowadays - the Chachamim have given them the status of - Nochrim.

9)

(a)Rebbi Eliezer permits ...

1. ... a Vaday to marry a Vaday (Mamzerim to Nesinim), but forbids ...

2. ... a Safek to marry a Vaday (Mamzerim to Nesinim [See Tos. Yom-Tov]) or ...

3. ... a Safek to marry a Safek (Shesukim to Mamzerim) and ...

(b)... in case one of them is Kasher, and the other, Pasul.

(c)The Halachah is - like Rebbi Eliezer.

10)

(a)When the Mishnah ...

1. ... obligates a Kohen (See Tos. Yom-Tov) who marries a Kohenes to examine the Yichus of four mothers', he means - two on the mother's side and two on the father's.

2. ... adds 'which are eight', he means - two basic mother's on the mother's side which are really four, and likewise, on the father's side.

(b)The four on her mother's side are her mother and her mother's mother, her mother's father's mother and her mother's father's mother's mother, and the four on her father's side - her father's mother, and her mother, her father's mother's mother and her mother.

(c)If he marries a Leviyah or a Yisre'elis - then he needs to examine one generation further back (See Tos. Yom-Tov).

(d)Kohanos are not also obligated to examine the mothers of the men they marry - because 'Kohanos are not prohibited from marrying men who are Pasul li'Kehunah' (Geirim and Chalalim).

11)

(a)The Tana does not also require the examination of the fathers - because when they quarrel, they tend to insult each other by mentioning their P'sul Yichus. Consequently, it becomes public knowledge and does not require examination.

(b)The Pesulim on the mother's side are not known however - because when women quarrel, they tend to bring up one another's immoral acts, and not their P'sul Yichus.

(c)The current examination does not apply to a family - that is not subject to rumors of a P'sul Yichus ...

(d)... because they have a 'Chezkas Kashrus'.

12)

(a)When the Tana says that 'One does not examine from the ...

1. ... Mizbe'ach and upwards', he means that - once one discovers that one of the woman's (Kohen) fathers served in the Beis-ha'Mikdash (See Tos. Yom-Tov), no further examination is necessary, and the same applies to where one of her (Levi) fathers sang on the ...

2. ... Duchan (See Tos. Yom-Tov), or where he sat on the ...

3. ... Sanhedrin ...

(b)... because all of these would have been disqualified from serving in their respective positions had there been a P'sul Yichus.

13)

(a)The previous Halachah is confined to - the Sanhedrin in Yerushalayim (See Tos.Yom-Tov), even ...

(b)... if he sat in a Sanhedrin there which judged only money-matters.

(c)We learn this from the Pasuk in Beha'aloscha (in connection with the episode of Eldad and Meidad) "Vehisyatzvu Sham Imach" - by Darshening "Imach", 'like you (Moshe [in Yichus and wisdom) (See also Tos. Yom-Tov DH 've'Lo min ha'sanhedrin').

(d)And the Mishnah - extends the current ruling to Gaba'ei Tzedakah ...

(e)... who had the authority to take securities from people, to force them to give Tzedakah (even on Erev Shabbos). Consequently, had there been a P'sul Yichus, this would have emerged in the course of their duties.

14)

(a)Rebbi Yossi adds anyone who was listed in 'Erchei Yeshanah of Tzipori' (See also Tos. Yom-Tov) - anyone who appeared on the lists of Meyuchasim prepared by the Beis-Din of the town called 'Yeshanah', which was situated near Tzipori.

(b)Batei-Din are called 'Ercha'os' - because they 'organize' people's Yichus.

(c)Whereas Rebbi Yossi b'Rebbi Chanina adds anyone who was written 'be'Asratya shel Melech' - the monthly quota of soldiers who went to serve in David ha'Melech's army, since only Meyuchasim were selected for that position ...

(d)... so that their merits together with the merits of their fathers would stand them in good stead (See Tos. Yom-Tov) in battle.

15)

(a)The Mishnah declares the daughter of a Chalal's son - Pasul min ha'Kehunah forever (See Tos.Yom-Tov) ...

(b)... incorporating the latter's daughter and his son's daughter and so on.

(c)His daughter's descendents (from a Yisrael) on the other hand - are permitted ...

(d)... seeing as the daughter of a Chalal herself is permitted.

16)

(a)The Tana rules that the daughter of ...

1. ... a Yisrael who marries a Chalalah - is permitted to marry a Kohen (See Tos. Yom-Tov).

2. ... a Chalal who marries a bas Yisrael - is forbidden to marry a Kohen (See Tos. Yom-Tov).

(b)Rebbi Yehudah gives the daughter of a Ger - the same status as the daughter of a Chalal (See Tos. Yom-Tov).

17)

(a)Rebbi Eliezer ben Ya'akov rules that the daughter of a Ger who marries ...

1. ... a bas Yisrael or a Yisrael who marries a Giyores - is Kasher to marry a Kohen.

2. ... a Giyores - is Pasul.

(b)He then declares - that Avadim Meshuchrarim are Pasul ...

(c)... even up to ten generations (i.e. fporever).

(d)The Mishnah permits a female descendent of either of them to marry a Kohen - provided her mother is a full-fledged Yisre'elis (See Tiferes Yisrael).

18)

(a)Rebbi Yossi maintains that a Ger who marries a Giyores too - is Kasher to marry a Kohen (See Tos. Yom-Tov).

(b)We rule like both Rebbi Eliezer ben Ya'akov and Rebbi Yossi - in that Lechatchilah, if they come to ask, we forbid a Kohen to marry the daughter of a Ger and a Giyores (like Rebbi Eliezer ben Ya'akov), but if Bedieved, they do get married, we do not force them to separate (like Rebbi Yossi).

19)

(a)A man is not believed to declare his son a Mamzer - because a person is not believed to testify on behalf of or against, his relative (See Tos. Yom-Tov).

(b)Even if the mother agrees with the father that the baby that she is expecting is a Mamzer - they are still not believed.

(c)We may have thought that ...

1. ... the mother is believed more than the father - since she knows the details of the baby's conception better than he does.

2. ... they are believed on a fetus even though they not believed on a baby - since it does not yet have a Chezkas Kashrus.

20)

(a)Rebbi Yehudah rules in the latter case (of a fetus) that - they are believed (See Tos. Yom-Tov DH 'Ne'emanim').

(b)He learns it from the word "Yakir" (written in connection with a B'chor) - which he Darshens 'Yakirenu la'Acherim' (which gives the father the authority to declare who his sons are [See Tos. Yom-Tov]).

(c)If...

1. ... the mother testifies - she is not believed, nor is ...

2. ... the father who testifies on his grandson.

(d)The Halachah is - like Rebbi Yehudah.

21)

(a)If someone permits a Shali'ach to betroth his daughter to somebody, and he goes and betroths her to somebody else - then whichever Kidushin was performed first is valid.

(b)If they do not know which Kidushin was performed first - then they have the option either of each one giving a Get, or one giving her a Get and the other one marrying her.

(c)The same set of rulings will apply - there where the woman herself did the same thing.

(d)In spite of having taught us the Din in the case of ...

1. ... the father, the Tana nevertheless finds it necessary to repeat it in the case of the woman herself - who is not conversant with Yuchsin like her father, and may well not have meant to annul the Kidushin of the Shali'ach, even if her Kidushin preceded his.

2. ... the woman herself, the Tana finds it necessary to repeat it in the case of the father - who is not as fussy as his daughter about whom his daughter marries, and who therefore may not mean to cancel the Kidushin of the Shali'ach, even if his own Kidushin came first.

22)

(a)The Mishnah rules that a man who goes overseas together with his wife, and who returns some years later with a woman whom he claims is the wife who accompanied him overseas, and children whom he claims are hers - does not need to re-examine his wife (See Tos. Yom-Tov), and that he is also believed regarding the children ...

(b)...provided they are small and 'cling to their mother's apron-strings'.

(c)if however, he returns with children whom he claims are from the wife with whom he left, who is no longer alive - he needs to bring a proof that they are the children of the wife that died, but not that she is the woman with whom he left (See Tos. Yom-Tov).

23)

(a)If ...

1. ... in the former case, the man claims that the woman with whom he returns is one whom he married overseas and that this is her and these are her children - he is obligated to prove the Yichus of his new wife, but not of her children (See Tos. Yom-Tov)).

2. ... latter case, he claims that the woman whom he married overseas died and these are her children - then he needs to prove both the Yichus of the deceased wife and that the children are hers.

24)

(a)The Mishnah now discusses the Dinim of Yichud (See Tos. Yom-Tov). The Tana Kama rules that whereas ...

1. ... one man may not seclude himself with two women ...

2. ... two men may seclude themselves with one woman ,,,

(b)... because each man would be embarrassed to sin in the presence of the other one.

(c)The same does not apply in the former case - due to the principle 'Nashim Da'atan Kalos' (women are light-headed) and are therefore easy to seduce, even when there are two.

25)

(a)Rebbi Shimon permits a man to be secluded with two women (See Tos. Yom-Tov) - provided his wife is with him (See Tos. Yom-Tov) ...

(b)... and this Heter extends to being alone in an inn with them ...

(c)... because his wife will keep an eye on him.

26)

(a)A man is permitted to seclude himself with two 'Tzaros', two Yevamos and to a woman and her husband's daughter - because they hate each other (as we learned in Yevamos), and will therefore be only too happy to report any misconduct on the part of the other woman.

(b)The meaning of ...

1. ... 'two Tzaros' is - two wives of the same husband.

2. ... 'two Yevamos' - a woman and the wife of her husband's brother.

(c)This leniency also extends - to a woman and her mother-in-law.

(d)A man may be secluded with a woman and a young girl - who does not yet have a Yeitzer-ha'Ra for intimacy, but who understands what it is ...

(e)... since the woman is afraid that the girl will report any misconduct that she sees going on.

27)

(a)A man who secludes himself with ...

1. ... a Penuyah (an unmarried woman)) or with ...

2. ... any of the Arayos is - subject to Malkos (mi'de'Rabbanan) ...

(b)... with the exception of a married woman ...

(c)... in order to avoid stigmatizing her children (as Mamzerim), when in fact, they may not have been intimate.

(d)One is permitted to seclude oneself with ...

1. ... an animal or with ...

2. ... another (Jewish) man ...

(e)... since most people consider intimacy with them disgusting.

28)

(a)The Tana - permits a young boy to seclude himself with his mother and a man with his young daughter.

(b)... and that - they are even permitted to sleep together in the same bed without clothes (See Meleches Sh'lomoh and Tiferes Yisrael).

(c)At the age of twelve (for a girl) and thirteen (for a boy) however this is permitted only if they are clothed ...

(d)... the girl even she is not yet twelve - from the time she feels embarrassed to stand before her father naked.

29)

(a)A 'Ravak' is - a bachelor.

(b)When the Tana says 'Lo Yilmad Ravak Sofrim', he means that - a bachelor should not teach children ...

(c)... because he will inevitably mix with the mothers when they bring their children to learn.

(d)The Mishnah also forbids - women to teach children ...

(e)... since they will inevitably mix with the children's fathers.

30)

(a)Rebbi Eliezer forbids even - a married man to teach children if his wife is living in a different town than him (See Tos. Yom-Tov).

(b)The Halachah is - like the Tana Kama.

31)

(a)Rebbi Yehudah forbids a single bachelor to graze an animal and two bachelors - to sleep together under one blanket ...

(b)... because he considers them suspect of homosexuality and of bestiality

(c)The Chachamim maintain - that Yisrael are not suspect of these two sins (as we learned earlier).

32)

(a)The Mishnah rules that someone whose business dealings involve women's needs - should not seclude himself with them, even if there are many of them ...

(b)... because, due to his familiarity with them, he knows that they will cover up for him should he misbehave.

(c)Although we learned earlier that all men are also prohibited from secluding themselves with two women - they are permitted to do so with three women or more.

(d)The Rambam explains that - even if his livelihood is at stake he is forbidden to seclude himself with two women (See Tos. Yom-Tov).

33)

(a)The Tana forbids a father to teach his son - a trade that involves business dealings with women.

(b)When he says that a father should teach his son a trade that is 'clean and easy', he means - one that is free of theft and does not involve heavy expenses ...

(c)... such as repairing torn garments (tailoring), as the Gemara explains.

(d)To ensure that his efforts succeed - he should pray to Hash-m ('the One to whom wealth and property belong' [See Tos. Yom-Tov]).

34)

(a)The Mishnah continues 'because there is no trade that does not have two sides to it ... poverty and wealth. The Tana adds that it is not a person's profession that causes poverty and wealth - but his merits (or lack thereof [See Tos. Yom-Tov]).

(b)Rebbi Shimon ben Elazar asks - whether anybody has ever seen wild beasts and birds who have a trade. Yet Hash-m sustains them without too much effort on their part ...

(c)... and they were only created to serve man! How much more so should man be sustained in the same way ...

(d)... and if a person does not sometimes manage to make ends meet - it is because he is guilty of perpetrating evil deeds.

35)

(a)Aba Guryon Ish Tzadyan said in the name of Aba Gurya that one should not teach one's son to be ...

1. ... a donkey or camel-driver, a barber or a sailor ...

2. ... a shepherd or a storekeeper

(b)... because these are trades of thieves.

(c)He brands as thieves ...

1. ... the former group - because when, on their travels, they stop for the night, they help themselves to wood and fruit from the local vineyards (and orchards). Moreover, they hire themselves out to businessmen, and do not adhere to the agreed-upon conditions.

2. ... shepherds - because they allow their sheep to graze in other people's fields.

3. ... storekeepers - because they transgress the Dinim of Ona'ah (cheating and overcharging), and to add water to the wine that they are selling and stones to the wheat.

(d)This contravenes the Din - of a father teaching his son 'a clean trade', as we discussed earlier.

36)

(a)Rebbi Yehudah says in the name of Aba Guryon Ish Tzadyan that most ...

1. ... donkey-drivers are - Resha'im, most ...

2. ... camel-drivers are - Tzadikim (See Tos. Yom-Tov), and most ...

3. ... sailors are - Chasidim (pious [See Tos-Yom-Tov]).

(b)He also said that the best of ...

1. ... the doctors - are destined to go to Gehinom (See Tos. Yom-Tov), and of ...

2. ... the butchers - are partners of Amalek.

37)

(a)Rebbi Nehora'i said he would ...

1. ... give up - all the trades in the world, and ...

2. ... teach his son - only Torah ...

(b)... because one eats from its fruit in this world, yet the Keren (the principle) remains intact for the world to come.

(c)This is not the case regarding all other professions - since, when a person is stricken with illness, old age or suffering, he is no longer capable of working, and dies.

38)

(a)We learn, regarding the Torah-profession from the Pasuk ...

1. ... in Yeshayah "ve'Kovei Hash-m Yachlifu Ko'ach" - that when a person is young, the Torah guards him from all evil.

2. ... in Tehilim "Od Yenuvun be'Seivah" (See Tos. Yom-Tov) that - it also provides him with a good future and gives him hope when he becomes old (See Tos. Yom-Tov DH 'Aval ha'Torah ... ').

(b)The Mishnah supports this with a Pasuk in Chayei Sarah, which begins "ve'Avraham Zakein Ba be'Yamim" and ends "va'Hashem Beirach es Avraham ba'Kol".

(c)The Tana extrapolates from the Pasuk in Toldos "Eikev asher Shama Avraham be'Koli, va'Yishmor Mishmarti, Mitzvosai, Chukosai ve'Sorosai" that - Avraham kept the entire Torah even before it was given.