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KIDUSHIN 76

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SUMMARY

R. Akiva holds that although the Kusim are sincere Ge’irim they are Pasulim because Yibum was done only with Arusos, while they allowed Nesu’os to remarry without Chalitzah.
 
A Yavamah who remarries without Chalitzah is an Isur Lav and R. Akiva holds that a child born from an Isur Lav is a Mamzer
 
The Tana Kama holds that Matzah from a Kusi is permitted and one may discharge his obligation on the first night of Pesach with it.
 
R. Eliezer prohibits the Matzah of a Kusi because they are not practiced in the particulars of the Mitzvos
 
Some say that Kusim are Pasulim because they are not practiced in Toras Gitin and Kidushin. (1)
 
Some say that Kusim are Pasulim because Mamze’irim are mixed in with them.
 
Some say that Kusim are Pasulim because servants and maidservants are mixed in with them.
 
Before a Kohen marries a Bas Kohen he must investigate four mothers which are altogether eight mothers. (2)
 
Before a Kohen marries a Bas Levi or Bas Yisra’el he must investigate one extra generation of mothers.
 
If when investigating it is found that one of her forefathers served on the Mizbe'ach or on the Duchan on in the Sanhedrin no father investigating is required.
 
If one of her forefathers is Muchzak to have served as a judge or Gabai Tzadakah the daughter may be married by a Kohen without any investigation. (3)
 
When women fight they insult each other with reference to Znus while men insult each other with references to their lineage.
 
Bas Kohanim are permitted to marry Pasulei Kehunah and therefore when a Bas Kohen married it was necessary to investigate the mothers of the Chasan. (4)
 
R. Yehudah says in the name of Rav that the Mishnah which states that a Kohen must investigate the mothers of a potential marriage partner is the opinion of R. Me'ir, but the Chachamim hold that no investigation is required.
 
Even according to the Chachamim if two people spread a Kol that the potential Kalah is Pesulah an investigation is required.
 
Everyone is Kosher to judge monetary disputes, even a Mamzer, but not everyone is Kosher to judge capital cases. (5)
 
The Gabai Tzadakah may take collateral for Tzadkah that was pledged even on Erev Shabbos
 
A Ger may not be given a position of authority for spiritual matters unless his mother is a Bas Yisra’el
 
The armies of Dovid ha’Melech only consisted of people with impeccable lineage so that their merit along with the merit of their fathers will stand for them at war. (6)

A BIT MORE

1. For this reason according to R. Eliezer a Kusi may not marry a Kusis as one of their father’s may have married a Safek E'ishes Ish while the other one is Kosher
 
2. He must investigate two mothers from her mother’s side and two mothers from her father’s side and also the mother of each one of these mothers which altogether is eight mothers in order to ensure that none of them are Mamze’irim or any other Pesul
 
3. R. Yosi says that if one of her forefathers was listed as a potential judge in a place called Yeshanah no further investigating is necessary and R. Chanina if one of her forefathers fought in the armies of the house of Dovid no further investigating is necessary.
 
4. A Bas Kohen may marry a Ger, Chalal, or freed servant because the special restrictions that applies to Kohanim do not apply to Bas Kohanim, consequently the special Ma'leh that applies to Kohanim that they investigate carefully an y potential marriage partner for the Pesul of Mamze’iros does not apply to a Bas Kohen.
 
5. However a Mamzer may not judge monetary cases in Yerushalayim
 
6. ALTHOUGH GEI’RIM WERE NOT USED FOR COMBAT THEY WERE USED TO FRIGHTEN THE ENEMY.

BRIEF INSIGHT

MATZAH OF A KUSI
 
The Tana Kama holds that Matzah from a Kusi is permitted and one may discharge his obligation on the first night of Pesach with it because Kusim are cognizant of the Din that Matzah must be guarded l’Shem Pesach. Tosfos says that the Matzah is only permitted if the Kusi himself also ate from it because a Kusi is not concerned of the prohibition of placing a stumbling block in front of a blind person and he may be giving the Matzah to someone else even though he knows it was not guarded l’Shem Pesach.

QUICK HALACHAH

POSITIONS OF AUTHORITY
 
We may not coronate a Ger for King even after many generations unless his mother is from Yisra’el. Not only may a Ger not be a King but he also may not assume any position of leadership. He may not be the army chief, he may not be an officer of fifty or of a hundred and he even may not be in charge of the water that is distributed to the fields. Certainly he may not be a judge or a Nasi because only a Yisra’el may assume those positions. (Rambam Hilchos Melachim 1:4)

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