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|KIDUSHIN 69 (11 Iyar) - dedicated by the Feldman family in memory of their mother, ha'Rabbanit Sara Dvosya bas Rav Mordechai (of Milwaukee).|
If someone says to his pregnant maidservant that you are freed [with this Get Shichrur] but your child is a servant, according to R. Yosi ha’Glili the child also goes free.
The Chachamim hold that his words are effective and the child is a servant even though the mother goes free.
R. Tarfon says that a Mamzer can purify his children, if he marries a maidservant the child is a servant and if he is freed he is a Yisra’el and he is not a Mamzer. (1)
R. Eliezer says that a child born from a Mamzer and a maidservant is a servant Mamzer.
Even according to R. Tarfon only a male Mamzer may purify himself not a female Mamzeres because when a female has a child from a servant the child is not a servant.
A Jewish servant may marry a non-Jewish maidservant.
A Jewish person may only be a servant at a time that the Yovel is in practice.
If a Yisra’el marries a Mamzeres the child is a Mamzer
The Rabanan hold that a baby in the stomach of a maidservant is like a baby in the stomach of a animal and the father is not regarded as the father at all
Ten Yuchsin ascended with Ezra to Eretz Yisra’el from Bavel.
Kohanim, Leviyim and Yisra’elim may intermarry with each other
Leviyim, Yisra’elim, Chalalim, Ge’irim and freed servants may intermarry with each other. (2)
Ge’irim, freed servants, Mamze’irm, Nesinim, Shtuki and Asufi may intermarry with each other. (3)
A Shtuki is a person who knows who his mother is, but not his father.
An Asufi is someone who was picked up in the market and he doesn’t know who his mother or father is.
The Bais ha'Mikdash is the summit of Eretz Yisra’el and Eretz Yisra’el is highest land in the world.
Ezra took all of the Pasulei Kahal with him from Bavel to Eretz Yisra’el and the people left in Bavel were Kosher like fine sifted flour. (4)
Abaye says that Pasulei Kahal went to Eretz Yisra’el with Ezra on their own volition, while Rava holds they were taken forcibly.
The Jews who live in Chutz la'Eretz are regarded as Safek Pasulim compared to the Jews in Eretz Yisra’el and the Jews is Eretz Yisra’el are regarded as Safek Pasulim compared to the Jews in Bavel. (5)
Ezra searched but could not find any Leviyim that were fit for the Avodah among all of the people who went with him to Eretz Yisra’el. (6)
The Kohanim who were Muchzak to eat Terumah in Galus Bavel were permitted to continue eating Terumah after the Bais ha'Mikdash was rebuilt, but they were not permitted to eat Kodshim until they brought proof that they were Kosher Kohanim.
It is a Machlokes if we can assume that a Kohen who is eating Terumah mid'Oraysah is a Kosher Kohen and a fellow Kohen does not need to investigate before marrying his daughter.
A Bas Kohen who marries a Yisra’el may no longer eat the Chazah v’Shok of Korbanos even after her husband dies or divorces her without children.
A BIT MORE
1. R. Tarfon holds that a Mamzer is permitted to marry a maidservant therefore he may marry a maidservant.even l’Chatchilah.
2. However Kohanim may not marry Chalalim, Ge’irim or freed servants.
3. This Tanah holds that
Mamze’irim may marry Ge’irim, however Leviyim and Yisra’elim may not marry Mamze’irim. A Shtuki and an Asufi is a Safek Mamzer and they are permitted to marry a Mamzer.
4. Ezra saw that the Paulei Kahal in Bavel were becoming less and less known and since the Chachamim were coming with him to Eretz Yisra’el there will be no longer be any Chachamim to separate the Pasulim so he took all of the Pasulim with him to Eretz Yisra’el
5. The Pasulim in Eretz Yisra’el are known because the people of Eretz Yisra’el investigate the Yichus of the residence because of the Kohanim, however in Bavel there are no Pasulei Kahal at all because all of the Pasulim went to Eretz Yisra’el with Ezra.
6. The Leviyim who were with him had cut off their thumbs with their teeth so that they would be incapable of playing the harp when Nevuchadnetzer asked them to sing the songs of Tzion
THE HIGHEST LAND
The Bais ha'Mikdash is the summit of Eretz Yisra’el and Eretz Yisra’el is highest land in the world. Even though Eretz Yisra’el is not literally the highest land in the world, however Eretz Yisra’el is the most holy land in the world and what is holy is regarded as high up while something that is profane and not holy is regarded as low. Therefore since the world is round we should imagine that Eretz Yisra’el is the upper part of the circle and consequently it is the highest part of the circle. Since Eretz Yisra’el is holy when someone travels to Eretz Yisra’el it is considered that he is ascending because he is ascending in Kedushah and certainly someone who is traveling to Bais ha'Mikdash which is the holiest place in the world is ascending in Kedushah and therefore the Bais ha'Mikdash is the highest point in the world. (Maharal)
CHILDREN OF A MAMZER
If a child is born from a union of a Mamzer and a non-Jewish woman or a maidservant the child is a non-Jew if the maidservant is freed the child is a Jew. Therefore a Mamazer may l’Chatchilah marry a who had accepted Mitzvos in order to be matir his children who may marry a Yisra’el after they are freed. (Shulchan Aruch EH 4:20)
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