REVACH L'DAF
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SUMMARY
R. Yosi holds that a Get is not regarded as part of the Kahal and may marry a Mamzeres while R. Yehudah argues
A Ger, a freed servant and a Chalal may marry a Bas Kohen because Keshe’iros (Bas Kohanim) are not prohibited from marrying Pasulei Kehunah.
Anything that is stationary is regarded as half and half and we don’t follow the majority
A Safek Mamzer may marry a Yisra’elis and also a Mamzeres.
Min ha'Torah a Shtuki (someone who doesn’t know who his father is) may marry both a Mamzeres and a Yisra’elis, however the Rabanan decreed that a Shtuki may not marry a Yisra’elis. (1)
A Shtuki may marry a Shtukis and a Bas Shtukis even mid'Rabbanan
Min ha'Torah an Asufi (someone who doesn’t know who his parents are) may marry a Yisra’elis however the Rabanan decreed that an Asufi may not marry a Yisra’elis. (2)
An Asufi may marry an Asufis and a Bas Asufi.
If a circumcised child is found in the market he is not an Asufi. (3)
If a child who is found in the market was well taken care or an amulet was found on him he is not an Asufi.
If a child was found in a tree, if he is within reach of a wild animal he is an Asufi, but if not he is an Asufi.
If a child was found in a Bais Kneset outside the city in a place that is frequented by the public he not an Asufi but if it is not frequented by the public he is an Asufi.
If a child was found in a pit for animal fodder, or in the side of the river, or in the Reshus ha’Rabim he is an Aufii
If a child was found in the middle of the river or on the side of the Reshus ha’Rabim he is not an Asufi
If a child has not yet been picked up from the market the father and mother are believed that he is their child, but once he is picked up they are no longer believed.
Rava says that if it is a time of famine they are believed to say that it is their child even after he is picked up from the market.
A midwife is believed to say which one of the twins is the Bechor but once she walks out of the room she is no longer believed according to the Tana Kama.
R. Eliezer holds that once the midwife turns her face she is no longer believed.
If three women are sleeping in one bed and blood is found underneath one of them they are all Tamei
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If one of the women checked herself and found that she is Tamei only she is Tamei and the other two women are Tahor. (4)
If a number of women give birth in the same place the midwife is believed to say this child is the Kohen, this child is the Levi, this child is a Mamzer and this child is a Nasin. (5)
A seller is believed to say that he sold the object to one person and not the other, but he is only believed while the object is still in his hands.
A BIT MORE
1. He is permitted Min ha'Torah to marry a Yisra’elis because a Safek Mamzer may marry a Yisra’elis.
2. An Asufi is a Safek Mamzer because it is possible that the mother was an Arusah who was Mazaneh or an E'ishes Ish who was Mazaneh when her husband traveled overseas, however it is also possible that she was unmarried or she threw the child away because she did not have money to feed him. Consequently he is a Safek Mamzer and Min ha'Torah a Safek Mamzer may marry a Yisra’elis
3. If he was a Mamzer they would not have circumcised him.
4. R. Chisda says that this is only the case if she checked herself immediately.
5. However, if a Kol goes out that one of the children is a Mamzer she is not believed.
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BRIEF INSIGHT
A THROWN CHILD
The Gemara states that an Asufi is a Safek Mamzer because it is possible that the mother was an Arusah who was Mazaneh or an E'ishes Ish who was Mazaneh when her husband traveled overseas. Tosfos asks that the Gemara implies that if we knew for a fact that the mother was an Arusah or an E'ishes Ish whose husband traveled overseas the child is definitely a Mamzer and yet the Gemara states that an Arusah who is found to be pregnant the child is Kosher. The child of an E'ishes Ish whose husband traveled overseas should also be Kosher because maybe he came back from overseas very quickly by using the Shem Hashem. Tosfos answers that when a child was thrown away it is very suspicious and if we know for a fact that the mother was an Arusah it is certain that the child is a Mamzer. Regarding an E'ishes Ish we only assume that the husband arrives by using the Shem Hashem if she
makes that claim, but if she doesn’t we assume that is what happened that ho was Mazaneh when her husband traveled overseas.
QUICK HALACHAH
AN ASUFI
An Asufi who was picked up from the market is a Safek Mamzer if there is no evidence that he was not thrown away in order that he shall die. But if there is evidence that he was thrown away with the purpose that he shall remain alive whether the evidence is from his body, such as that he was found circumcised or he was well taken care of, or there was an amulet hung from his neck, or there was evidence from the place that he was found, such as that he was found in a place that the public frequents. or he was found in a tree in a place that he can’t be reached by wild animals and it is close the city, or he was found in a Bais Kneset that is close to the city, or at the side of the Reshus ha’Rabim, in all of these cases he is not an Asufi since an effort was made to safeguard the child and he must have been thrown away only because of a famine. (Shulchan Aruch EH 4:3)
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