[44a - 35 lines; 44b - 35 lines]
1a)[line 1]כשרהKESHERAH- fit [to marry a Kohen]
b)[line 1]פסולהPESULAH- unfit [to marry a Kohen (e.g., she was once divorced)]
2)[line 2]חולץ לפסולהCHOLETZ L'PESULAH- he should perform Chalitzah with she who is already unfit [to marry a Kohen, so as not to render she who is fit unfit]
3)[line 3]ארבעה אחין ס''דARBA'AH ACHIN SALKA DA'TACH?!- is it possible that there were only four brothers [to begin with]?!
4)[line 4]ושבקי ליהV'SHAVKEI LEI?- do we indeed allow him [to marry so many women, when he presumable cannot support them all]?
5)[line 5]"וקראו לו זקני עירו""V'KAR'U LO ZIKNEI IRO"- "And the elders of his city call him [and speak to him, and he stands and says, 'I do not wish to marry her.']" (Devarim 25:8) - This verse refers to the process of Chalitzah.
6)[line 6]שמשיאין לו עצה הוגנתSHE'MESI'IN LO ETZAH HOGENES- that they offer him fitting advice
7)[line 9]כלךKALECH- go
8)[line 10]קטטהKETATAH- discord
9)[line 10]דאפשר ליהD'EFSHAR LEI- that he is able [to support them all, as he is wealthy]
10)[line 11]טובאT UVA- more [than four]
11)[line 12]דנמטייה עונה בחדשD'NIMTEYEI ONAH B'CHODESH- that he will be able to have relations with each of his wives once a month. Our Gemara assumes that the Yavam is a Talmid Chacham, who has an obligation to have relations with his wife (Onah) every Shabbos eve (RASHI; see also TOSFOS YOM TOV).
12)[line 14]"[... וענתה ואמרה ככה יעשה לאיש] אשר לא יבנה את בית אחיו""[... V'ANSAH V'AMRAH, 'KACHAH YE'ASEH LA'ISH] ASHER LO YIVNEH ES BEIS ACHIV'"- "[And his Yevamah should approach him in the sight of the elders, and she shall remove (Chaltzah) his shoe from his foot; and she should reply and say, 'This is what is done to he] who does not build his brother's house.'" (Devarim 25:9)
13)[line 17]"[ונקרא שמו בישראל] בית חלוץ הנעל""V'NIKRA SHEMO B'YISRAEL,] 'BEIS CHALUTZ HA'NA'AL.'"- "[And his name shall be in Yisrael,] 'The House Of The Removed Shoe.'" (Devarim 25:10) - This verse describes how a Yavam who performs Chalitzah instead of Yibum is denigrated.
14)[line 20]"[ו]אם לא יחפץ [האיש לקחת את יבמתו השערה]""[V']IM LO YACHPOTZ [HA'ISH LA'KACHAS ES YEVIMTO, V'ALSAH YEVIMTO HA'SHA'RAH]"- "[And] if the man does not wish [to marry his sister-in-law, then his sister-in-law should ascend to the gate (of Beis Din)....]" (Devarim 25:7) - This verse begins the description of the rite of Chalitzah.
15)[line 20]כל העולה ליבום...KOL HA'OLAH L'YIBUM...
See Background to 20:24.
16)[line 25]בלא יבנהB'LO YIVNEH- this refers to the derivation of the Gemara that appears six lines earlier according to the Bach. It states that once a Yavam has decided not to perform Chalitzah with one of the Yevamos of his brother, he should no longer perform Yibum with the other.
17)[line 27]צרת ערוהTZARAS ERVAH
Should a man die childless and his wife is forbidden to marry the Yavam, she does not fall to Yibum and as such she is exempt from the Mitzvos of Yibum and Chalitzah. She may marry whomever she pleases, immediately. Chazal teach (Yevamos 3b, 8a) that not only is the Ervah exempt from Yibum and Chalitzah, but so is her co-wife (Tzarah). This assumes, however, that there are no other Yevamim to whom she is not prohibited. If such a Yavam exists, then he must perform Yibum or Chalitzah with one of them before she or they can marry another.
18)[line 28]ב' בעלמאSHETAYIM B'ALMA- two women [both married to his deceased brother] neither of whom is an Ervah
19)[line 30]אבראי קיימאA'VERA'I KAIMA- stands outside [of Yibum completely; it is as if she was never married to the deceased for the purposes of Yibum]
20)[line 31]יבמתו יבמתו ריבהYEVIMTO YEVIMTO RIBAH- the repetition of the word "Yevimto" in the verses (Devarim 25:7-9) is meant to include something
21)[line 33]שנהSHANAH- taught
22)[line 33]מי בורוMEI VORO- the water of his well
23)[line 34]המחזיר גרושתוHA'MACHZIR GERUSHASO
(a)It is forbidden for any Jew to remarry his wife after divorcing her, if she married someone else in the interim (who subsequently divorced her or died), as the Torah states, "Lo Yuchal Ba'alah ha'Rishon Asher Shilecha, Lashuv l'Kachtah..." (Devarim 24:4). This Isur applies only if she was married after the initial divorce; if she was raped, her ex-husband may remarry her.
(b)The Tana'im argue as to whether the ex-husband is prohibited from remarrying her if she became engaged (but not married) to someone else after the initial divorce (Yevamos 11b).
24)[line 36]ממזרMAMZER
(a)There are prohibited marital relations that invalidate the ensuing offspring and render them Mamzerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer. According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Asei" produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin - Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b)A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).
25)[line 40]תני קרובת גרושתוTENI KEROVAS GERUSHASO- learn "Kerovas Gerushaso" [in place of "Kerovas Chalutzaso"]
26)[line 42]איירי בהAYRI BAH- this is what [the Mishnah] had discussed
27)[line 43]מחייבי כריתותM'CHAYVEI KERISUS- from those forbidden relations punishable by Kares (see Background to 3:27)
28)[line 44]שאר בשר שהוא בלא יבאSHE'ER BASAR SHE'HU B'LO YAVO- a relation prohibited by a negative commandment
29)[line 44]ר''ש התימניREBBI SHIMON HA'TIMNI- from Timnas/Timnah, identified with the village Tibnah, located on the road between Beit Shemesh and Yavneh. At the time of Bayis Sheni it was the major city of the district
30)[line 48]אלא קרובת חלוצתו לרבי עקיבא הוי ממזרELA KEROVAS CHALUTZASO L'REBBI AKIVA HAVI MAMZER?- so why, then, does Rebbi Akiva consider the relative of his Chalutzah to be a Mamzer?
31)[line 49]הכתוב קראו ביתוHA'KASUV KERA'O BEISO- the verse refers to her as his wife
44b----------------------------------------44b
32)[line 1]פגום לכהונהPAGUM L'CHEHUNAH- tainted [to the point that if he is a male Kohen he may not perform the Avodah (Divine Service) in the Beis ha'Mikdash, and if she is a female then she may not marry a Kohen]
33)[line 5]שאין איסורה שוה בכלSHE'EIN ISURAH SHAVEH BA'KOL- she is not prohibited to everyone [but rather only to a Kohen Gadol]
34)[line 7]מתחללתMISCHALELES (CHALAL)
See Background to 37:16.
35)[line 8]תועבהTO'EVAH- The verse describes a woman remarried after she was married to another with the words "for she is an abomination" (Devarim 24:4). This implies that only she is an abomination, but not another whom one might have considered such.
36)[line 10]אין לו בה קדושיןEIN LO BAH KIDUSHIN- she cannot be betrothed by him, even if the attempt was made
37)[line 12]וכופין אותו להוציאV'KOFIN OSO L'HOTZI- and we force him to send her away from his house
38)[line 14]למאןL'MAN?- (the Gemara asks) to whom [is the child permitted]?
39)[line 14]לקהלL'KAHAL- to [marry] Jews who are not Kohanim
40)[line 16]דזניאD'ZANYA- that she was unfaithful
41)[line 18]מידי איריא? הא כדאיתא והא כדאיתא!MIDI IRYA? HA KED'ISA V'HA KED'ISA!- is this a proof? This [case] is unique unto itself, and the other is unique unto itself!
42)[line 26]והיא תועבה נמיV'HI TO'EVAH NAMI- and furthermore, [we can answer the question asked earlier from the implication of] "Hi To'evah"
43)[line 30]אין ממזר מחייבי כריתותEIN MAMZER ME'CHAYVEI KERISUS- a child born from a union punishable by Kares is not a Mamzer [rather, only one born from a union punishable by death administered by Beis Din]
44)[line 33]זונהZONAH
(a)The Torah prohibits a Kohen from marrying a Zonah, with an Isur Lav (Vayikra 21:14). A Zonah is generally defined as a woman who had relations with a man out of wedlock. However, the Tana'im argue about the exact definition of who is a Zonah.
1.Some say that a Zonah is any woman who is unable to have children, since it is not the manner for men to marry such a woman. She is prohibited to a Kohen whether she actually had relations with a man out of wedlock or not.
2.Some say that a Zonah is any woman who had relations with a man out of wedlock, i.e. without Kidushin, or, according to others, any woman who made herself available for all (without Kidushin).
3.Others say that the only woman who is considered a Zonah is an "Eshes Ish," a woman who committed adultery.
4.The Chachamim say that a Zonah is a woman who had relations with a man to whom she is prohibited (Yevamos 61b).
(b)The Halachah follows the Chachamim, who say that a Zonah is a woman (at least three years of age) who had relations with a man to whom she is prohibited. The Rishonim, though, argue about which Isur will make her into a Zonah.
1.A number of Rishonim maintain that a Zonah is only a woman who had relations with a man to whom she is prohibited with an Isur Kares or with a man with whom Kidushin cannot take effect (such as an Eved or a Nochri). A woman who had relations with a man to whom she is prohibited with only an Isur Lav is not considered a Zonah. Although she, too, is prohibited to a Kohen because of a different verse, a Kohen will not receive Malkus for marrying her. (RA'AVAD, Hilchos Isurei Bi'ah 18:1; see also TOSFOS in Gitin 89a, DH Be'ulah, and MAHARSHA there.)
2.Others agree that a woman becomes a Zonah only after having relations with a man with whom Kidushin cannot take effect, but they add that a Kohen will also receive Malkus for marrying a woman who had relations with a man who is prohibited to her with an Isur Lav (based on the other verse, alluded to above). (TOSFOS; TOSFOS HA'ROSH to Yevamos 44b, DH Hacha Nami - see also TOSFOS 61a, DH sh'Niv'alah, MILCHAMOS to Yevamos 56b.)
3.Others say that having relations with a man who is prohibited to her with any Isur, whether it is an Isur Kares or an Isur Lav, will make her into a Zonah. (RASHI to Yevamos 56b, 61b, and RAMBAM, Hilchos Isurei Bi'ah 18:1.)
(c)A woman who had relations with a man who is prohibited to her because of an Isur Kehunah (for example, an Almanah (widow) who had relations with a Kohen Gadol, and a Gerushah (divorcee) who had relations with a regular Kohen) becomes a Chalalah, but not a Zonah. She, too, becomes prohibited from marrying a Kohen and from eating Terumah. A woman who has relations with a man who was not always prohibited to her (such as a "Machzir Gerushaso") does not become a Zonah and is permitted to marry a Kohen and to eat Terumah (Yevamos 69a).
(d)A convert is also prohibited to a Kohen because of the Isur of Zonah (Yevamos 61b). The Rishonim argue about the reason for this.
1.According to RASHI (ibid.) and the RA'AVAD (Hilchos Isurei Bi'ah 18:3), the reason is because she had relations with a Nochri or an Eved, with whom Kidushin cannot take effect (as mentioned above in b:1). Therefore, if she was less than three years old when she converted, she is not considered a Zonah and she is not prohibited to a Kohen because of the Isur of Zonah. However, she is prohibited because of a different verse (in Yechezkel) as taught in Kidushin 78a.
2.The RAMBAM (Hilchos Isurei Bi'ah 18:1, 3), though, says that any woman who was not born Jewish, whether she converted or not, whether she is less than three years old or older, is prohibited to a Kohen mid'Oraisa because of the Isur of Zonah.
(e)Most Rishonim prohibit a Zonah from eating Terumah as well, just like she is prohibited from marrying a Kohen (RASHI, Yevamos 68b; TOSFOS, Yevamos 35a, DH Af Al Pi, and 34b, DH Hacha). Even those who maintain that she is not prohibited to eat Terumah because of the Isur of Zonah nevertheless prohibit her from eating Terumah if she had relations with someone to whom she is prohibited (with an Isur Kares or an Isur Lav, or with a Nochri or an Eved) based on a different verse (Yevamos 68b; see RASHBA there). However, some (RASHI, Yevamos 13b, DH u'Beis Hillel, and 68b, DH v'Is d'Mefarshi) assert that she becomes prohibited from eating Terumah only if she had relations with a man who is prohibited to her with an Isur Lav. If she had relations with an Isur Kares (unwillingly, see Insights there) or with a person with whom Kidushin does not take effect, she may still eat Terumah.
45)[line 34]בעבדB'EVED- with a [Nochri] slave [owned by a Jew]