THE CHILD OF A SLAVE OR NOCHRI THROUGH A BAS YISRAEL [line 3 from end of previous Amud]
(Rabah bar bar Chanah): All agree that if a slave or Nochri fathered the child of a Bas Yisrael, the child is a Mamzer.
Question: Who admits?
Answer #1: R. Shimon ha'Temani admits. Even though he says that Mamzerim do not come from Chayavei Lavin, that refers to Chayavei Lavin who can have Kidushin with others;
A slave or Nochri cannot have Kidushin, so they are like Chayavei Kerisus.
Objection (Beraisa): If a slave or Nochri fathered the child of a Bas Yisrael, the child is a Mamzer;
R. Shimon ben Yehudah says, a Mamzer comes only from Ervah that is Chayavei Kerisus. (Even though he holds like Shimon ha'Teimani, he disagrees!)
Answer #2 (Rav Yosef): Rather, Rebbi admits. Rebbi said 'Only R. Akiva says this (that if Yibum was done after Chalitzah, no Get is needed), since R. Akiva considers a Chalutzah like Ervah', but Rebbi himself argues;
Rebbi admits (to R. Akiva) that the child of a Bas Yisrael from a Nochri or slave is a Mamzer.
(Rav Dimi citing Rabeinu): The child of a Bas Yisrael from a Nochri or slave is a Mamzer.
R. Acha redeemed captives; one was pregnant from a Nochri.
(R. Ami): R. Yochanan, R. Elazar and R. Chanina all say that the child is a Mamzer.
Objection (Rav Yosef): Does a long list of names prove that this is the Halachah?! Rav and Shmuel in Bavel, and R. Yehoshua ben Levi and Bar Kapara in Eretz Yisrael say that he is Kosher!
Some say that in place of 'Bar Kapara', Rav Yosef cited 'the elders of the south'.
(Rav Yosef): The Halachah is, he is a Mamzer, but this is because Rebbi says so.
(Rav Dimi): Rabeinu (Rebbi) says, the child is a Mamzer. R. Yehoshua ben Levi says, the child is Pagum (blemished).
Question: To whom is the child Pagum?
It cannot be to Yisraelim, for R. Yehoshua ben Levi said above that the child is Kosher!
Answer: Rather, he is Pagum to Kehunah.
All the Amora'im who say that the child is Kosher agree that he is blemished to Kehunah, from a Kal va'Chomer:
If a widow marries a Kohen Gadol, even though the Isur is not Shavah b'Chol, the child is Pagum (a Chalal). The Isur of a Nochri or slave to a Bas Yisrael is Shavah b'Chol, all the more so the child is Pagum!
Question: We cannot learn from there, since the widow herself becomes defiled!
Answer: Here also, she becomes defiled!
(R. Yochanan): If a Nochri or slave had Bi'ah with a Kohenes, Leviyah or Bas Yisrael, he disqualified her. "If a Bas Kohen will be widowed or divorced (from a Yisrael, she may eat Terumah again)" applies only to someone from whom there is widowhood or divorce. Widowhood and divorce do not apply to a Nochri or slave.
Question (Abaye to Rav Yosef): Why do you rely on Rav Dimi, and not on Ravin (who says that Rebbi permits)?
(Ravin): R. Noson and R. Yehudah ha'Nasi permit the child.
R. Yehudah ha'Nasi is Rebbi!
Also Rav permits the child!
A man: What is the status of the child of a Yisraelis from a Nochri or slave?
Rav: He is Kosher.
The man asked to marry Rav's daughter; Rav refused.
Rav Simi bar Chiya: People say in Madai that a camel can dance in a tiny circle. Here they are and it is not dancing! (You should agree, to demonstrate that your ruling is correct!).
Rav: If the man was like Yehoshua bin Nun, I would not give him my daughter! (Maharsha - perhaps he disqualifies to Kehunah, like a Chalal. This is unlike the Rashba. Me'iri - it is below my honor to give to him my daughter.)
Rav Simi: If he was like Yehoshua Bin Nun, he could find other girls to marry. If you don't give this man your daughter, also other will not!
The man would not leave. Rav put his eyes on him, and he died.
Rav Masnah and Rav Yehudah also permitted the child.
When such a case came to Rav Yehudah, he would counsel the son to go to a place where he is unknown, and get married there. Alternatively, he should marry a girl of similar parentage. (Even though he is permitted, children of Yisraelim were reluctant to marry him.)
CHILDREN OF A HALF-SLAVE [line 48]
Question (People of Bei Michsi): If a half-freed slave had Bi'ah with a Bas Yisrael, what is the child's status?
Answer (Rabah): Even if the father was a full slave, the child is Kosher, all the more so if he was a half-slave!
Question (Rav Yosef): You learn from Rav Yehudah, who rules that the son of a Bas Yisrael from a slave is Kosher. He himself says that if the father was a half-slave, the child has no solution!
Answer: Rav Yehudah said so regarding a half-slave who was Mekadesh a Bas Yisrael. His slave side has Bi'ah with a married woman (and this causes Mamzerus).
Objection: Nehardai say that the stringent opinion disqualifies the child even if the mother was single, and the lenient opinion permits even if she was married!
Both opinions learn from Eshes Av (which is written next to the Isur of Mamzer).
One opinion says, just like Mamzerus results from Eshes Av because Kidushin cannot apply to such a union, the same applies whenever the parents could not have Kidushin;
The other opinion says, Mamzerus comes from Eshes Av because the father could be Mekadesh other women, but not the mother. A Nochri or slave cannot Mekadesh anyone, so his children are never Mamzerim.
Correction: Rather, R. Yehudah taught about children of a half-slave from a married woman. The free half has Bi'ah with a married woman (this makes Mamzerus).
(Ravina): Rav Gaza said that R. Yosi bar Avin ruled in two cases. He permitted the child of a single girl (from a slave), and forbade the child of a married woman (from a slave).
(Rav Sheshes): No, R. Yosi bar Zvida ruled, and he permitted in both cases.
(Rav Acha brei d'Rava): Ameimar permitted both cases.
The Halachah is, the son of a Nochri or slave from a Bas Yisrael is Kosher, whether or not she is married.
Rava ruled that Mari bar Rachel (whose father was a Nochri) is Kosher, and gave him a position of authority.
"Put on yourselves a king" teaches that all appointments of authority must be from your brethren, and not from converts. Nevertheless, since his mother is Jewish, he is considered your brother.
TEVILAH FOR TAHARAH SUFFICES FOR CONVERSION [line 31]
R. Chiya bar Ami's slave immersed a Nochris (to be Metaher her from Tum'as Nidah) because he wanted to take her for a wife.
Rav Yosef: I can show that she and her daughter are Kesheros:
She is Kesherah, for it is clear from Rav Asi (brought immediately below) that Tevilas Nidah suffices for conversion.
Her daughter is Kesherah, for if a Nochri or slave fathered a child from a Bas Yisrael, the child is Kosher.
People were calling a certain man the son of a Nochris.
Rav Asi: Didn't his mother immerse after being a Nidah?!
People were calling a certain man the son of a Nochri.
R. Yehoshua ben Levi: Didn't his father immerse after seminal emissions?! (This suffices for conversion.)