[56a - 52 lines; 56b - 48 lines]

1)[line 22]ומאי בזוU'MAI B'ZU- that is, in what way is the power of the Yavam better than that of the husband, in this case?

2)[line 50]שביק להו לרבנן עד דמסיימי מילתייהוSHAVIK LEHU L'RABANAN AD D'MESAIMEI MILSAIHU- Rebbi Nasan let the Rabanan finish what they were saying

56b----------------------------------------56b

3)[line 1]ואנהרינהו לעיינין ממתניתיןV'ANHERINHU L'AININ MI'MASNISIN- and "lit up our eyes," i.e. brought us a proof from a Mishnah (on 53b)

4)[line 3]ותנא תונאV'TANA TUNA- and our Tana (of the Mishnah) taught

5)[line 14]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.

6)[line 15]טומאהTUM'AH

The Chachamim rule (Yevamos 11b) that the verse, "Acharei Asher Hutama'ah" (Devarim 24:4), besides referring to the case of Machzir Gerushaso (see Background to Yevamos 11:3), prohibits a husband from having relations with his wife after she had relations with another man.

7)[line 16]"...והיא לא נתפשה""...V'HI LO NISPASAH"- "...and she was not seized." (Bamidbar 5:13)

8)[line 18]ולאו הבא מכלל עשה עשהV'LAV HA'BA MI'CHLAL ASEH, ASEH

(a)A Mitzvas Asei, a positive commandment, is not as stringent as a Lo Sa'aseh in certain respects. For instance, one only receives Malkus for transgressing a Lo Sa'aseh, not an Aseh.

(b)A Lav ha'Ba mi'Chlal Aseh is a prohibition that is learned by inference from a Mitzvas Aseh. Since the prohibition is not explicit in the Torah but rather is learned from inference from a Mitzvas Aseh, it is only as stringent as a Mitzvas Aseh.

(c)An example of a Lav ha'Ba mi'Chlal Aseh is the prohibition for the Yavam to marry the Tzarah, co-wife, of his Yevamah. The word "Aleha" in the Aseh of "Yevamah Yavo Aleha" ("he should marry her") teaches that only the Yevamah is permitted to the Yavam; the Tzarah is forbidden (RASHI Yevamos 11a, RAMBAM Hilchos Yibum 1:12).

9)[line 39]קדושי רשות אין מאכיליןKIDUSHEI RESHUS EIN MA'ACHILIN- (a) if a Yisrael is Mekadesh the daughter of Kohen who is permitted to him, she stops eating Terumah (RASHI, 1st explanation). (The daughter of a Kohen eats Terumah before she marries a non-Kohen and after she becomes a widow or a divorcee and has no children from him, as stated in Vayikra 22:13); (b) if a non-Kohen is Mekadesh a woman who is permitted to him, she does not eat Terumah. (RASHI, 2nd explanation)

10)[line 43]פצוע דכאPETZU'A DAKA

A Petzu'a Daka is a man who cannot have children because his testicles have become maimed (Yevamos 70a). He may not marry into Bnei Yisrael, as is stated in Devarim 23:2. He may, however, marry a convert or a freed slave (Yevamos 76a).

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