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YEVAMOS 45

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SUMMARY

Tana Kama: A child born from a Nochri who married a Jewess is a Mamzer. Rebbi Shimon ben Yehudah: Only a child born from a union that is a Chiyuv Kares is a Mamzer.
 
Rebbi Akiva rules that if a Yavam does Chalitzah with one Yevamah and subsequently does Yibum with the Tzarah, the Tzarah does not need a Get because the marriage is not valid. (1)
 
Rebbi Yehoshua ben Levi says that a daughter born from a Nochri who married a Jewess is disqualified from marrying a Kohen. (2)
 
Rebbi Yochanan says in the name of Rebbi Shimon that a woman who has relations with a Nochri is disqualified from marrying a Kohen.
 
Rav says that a child born from a Nochri who married a Jewess is Kosher.
 
According to the opinion that a child born from the union of a servant and a Jewess is Kosher, even if she is a married woman the child is Kosher and is not a Mamzer. (3)
 
If a man who is half-servant and half-free has relations with a married Jewess, the child born is a Mamzer, because the half who is free is having a relationship with a married woman.
 
Rava appointed Rav Mari bar Rachel to an important position even though his father was not Jewish. (4)
 
Immersing in a Mikvah for the purpose of purifying oneself from Tum'ah is a valid immersion for Gerus.

A BIT MORE

1. Rebbi disagrees with Rebbi Akiva and maintains that since the Tzarah of the Yevamah is only an Isur Lav, the Kidushin is valid and a Get is required. Rebbi agrees, however, that a child born from a Nochri who married a Jewess is a Mamzer.
 
2. Rebbi Yehoshua ben Levi maintains that although the child is not a Mamzer, she is forbidden from marrying a Kohen. This is derived through a Kal va'Chomer from a widow who marries a Kohen Gadol. If the prohibition of a widow applies only to a Kohen Gadol and yet the child is forbidden from marrying a Kohen, then certainly a daughter born from a union of a Nochri and a Jewess is forbidden to marry a Kohen, since the prohibition of marring a Nochri applies to everyone.
 
3. The concept of Mamzer is found in the Torah in the context of one who has relations with the wife of his father. Therefore, only relationships that are similar to the wife of a father would produce a Mamzer. The relationship between a servant and a married Jewess is not similar to the wife of a father, because the Kidushin of a servant is not valid with anyone.
 
4. Even though a Ger may not be appointed to a prominent position, a person whose mother is Jewish is regarded as an ordinary Jew.

BRIEF INSIGHT

AN IMMERSION FOR GERUS
 
The Gemara says that immersion in a Mikvah to become Tahor from being a Nidah or from being a Ba'al Keri is a valid immersion for Gerus. Tosfos asks that Gerus requires three judges, and the immersion done for a Nidah is not done in front of a Beis Din! The Tosfos Yeshanim answers that in this case, she already accepted the Mitzvos and was informed about the stringent and lenient Mitzvos in front of a Beis Din (in accordance with the requirements of Gerus), and thus the subsequent immersion does not require a Beis Din. The Nimukei Yosef answers that the immersion was done in front of a Beis Din even though she was immersing herself for Nidah.

QUICK HALACHAH

THE PROCESS OF BECOMING A GER
 
All of the requirements for Gerus -- including being informed about and accepting the Mitzvos, Milah, and Tevilah -- must be done in front of three men who are eligible to be judges, and they must be done during the day. However, if, b'Di'eved, the Milah or Tevilah was done in front of two Dayanim, or in front of relatives, or if it was done at night, it still is valid. Even if the Tevilah was not done with Gerus in mind, but it was done for the purpose of Nidah or Keri, it is valid immersion. The acceptance of the Mitzvos, however, must be done during the day and in front of three Dayanim, even b'Di'eved.
 
The acceptance of the Mitzvos is of primary importance and is regarded as the beginning of the Din, and thus it must be done during the day. The Milah and Tevilah are regarded as the conclusion of the Din, which may be done at night.

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