APPEASING THE GIV'ONIM [last line of previous Amud]
David: Sha'ul died more than a year ago, so it is improper to eulogize him now. We can appease the Giv'onim.
David: "What can I do for you, to atone?"
Giv'onim: "We don't want silver or gold ... give us seven of Sha'ul's children, and we will hang them."
David tried appeasing them; they refused.
David: There are three Simanim of Yisrael - they are merciful, have a sense of shame, and bestow Chesed.
They are merciful - "He will give you mercy, and make you merciful";
They have shame - "In order that fear of Hash-m should be on your faces".
They bestow Chesed - "That he will command his children...(to do Tzedakah)"
Whoever has these three Simanim is fitting to cling to Yisrael. (The Giv'onim do not, so we will not marry them - "the Giv'onim are not from Bnei Yisrael.")
Question: "The king took ... Armon and Mefivoshes and five sons of Michal" - why did he take these?
Answer (Rav Huna): He passed them in front of the Aron. Whomever the Aron absorbed would be killed; whomever the Aron expelled would live.
Question (Rav Chana bar Katina): "The king had mercy on Mefivoshes ben Yehonason" (this shows that David decided)!
Answer #1: He did not pass him in front of the Aron.
Objection: Did he show favoritism?! (This is like killing someone else!)
Answer #2: Rather, he passed him in front of the Aron and the Aron absorbed him. David requested mercy, and the Aron expelled him.
Objection: Still, this is favoritism!
Answer: Rather, he prayed that the Aron should not absorb him.
Question: "Fathers will not die ... (and sons will not die due to the sins of their fathers)!"
Answer (R. Chiya bar Aba): It is better to uproot a letter of the Torah (transgress) than to publicly desecrate Hash-m's name (if people will see that injustice to converts was not avenged).
Question: "From the beginning of the harvest ... until the rain (the bodies were hanging)". It says "You may not let him (someone executed) hang overnight"!
Answer (R. Yochanan): It is better to uproot a letter of the Torah in order to publicly sanctify Hash-m's name.
Passersby would ask about the people hanging. They would learn that they were sons of kings who harmed converts.
Passersby: There is no nation as fit to cling to as Yisrael! If sons of kings are punished thusly, all the more so, commoners! If for harming converts thusly, for harming Yisrael all the more so!
Immediately, there were 150,000 new converts - "Shlomo had 70,000 workers carrying on the shoulder, and 80,000 quarrying in the mountain.
Question: Perhaps these workers were Yisraelim!
Rejection: "Shlomo did not give a slave from Yisrael".
Question: Maybe they were just hired workers?
Retraction: Rather, we learn from "And Shlomo counted ... ha'Gerim...150,000".
THE DECREE AGAINST THE GIV'ONIM [line 45]
Question: David did not decree against the Nesinim. Moshe did - "From the woodchopper to the one who draws your water"!
Answer: Moshe decreed only for his generation. David decreed for all generations.
Question: Yehoshua decreed on them before David - "Yehoshua made them woodchoppers and water drawers for the congregation and the Mizbe'ach"!
Answer: Yehoshua decreed only for when there is a Mikdash. David decreed even for when there is no Mikdash.
In Rebbi's day, they wanted to permit the Nesinim.
Rebbi: We can permit our share, but who will permit the share of the Mizbe'ach?
This argues with R. Chiya bar Aba.
(R. Chiya bar Aba): Yisrael's share is always forbidden (until Yisrael permits it). The Mizbe'ach's share is forbidden only when there is a Mikdash.
YIBUM AND CHALITZAH OF A SERIS [line 6]
(Mishnah - R. Yehoshua): I heard that a Seris does Chalitzah, and one does Chalitzah to his widow; and a Seris does not do Chalitzah, and one does not do Chalitzah to his widow. I cannot explain these.
R. Akiva: I will explain! A Seris Adam (castrated by man) does Chalitzah, and one does Chalitzah to his widow, because he was once able to have children. A Seris Chamah (from birth) does not do Chalitzah, and one does not do Chalitzah to his widow, since he was always sterile;
R. Eliezer: No. Rather, a Seris Chamah does Chalitzah and one does Chalitzah to his widow, because he can be cured. A Seris Adam does not do Chalitzah and one does not do Chalitzah to his widow, since he cannot be cured.
R. Yehudah ben Besira testified about a Seris Adam in Yerushalayim named Ben Megosesa. His widow did Yibum, like R. Akiva's opinion.
A Seris does not do Chalitzah nor Yibum. Also an Ailonis does not.
If a Seris did Chalitzah, he did not disqualify her (from Kehunah). If he had Bi'ah with her, he disqualified her (since she is Eshes Ach without the Mitzvah of Yibum).
Similarly, if an Ailonis did Chalitzah she is not disqualified. If she had Bi'ah with the Yavam she is disqualified.
(Gemara) Question: R. Akiva says that Chayavei Lavin are like Chayavei Kerisos, and Chayavei Kerisos do not do Chalitzah or Yibum!
Answer #1 (R. Ami): The case is, she is a convert. R. Akiva holds like R. Yosi, who says that converts are not considered Kehal Hash-m (and are permitted to a Seris).
Question: If so, they should be allowed to do Yibum!
Answer: Indeed, they can! Since R. Yehoshua discussed Chalitzah, R. Akiva also discussed Chalitzah.
Support (Mishnah): R. Yehudah testified about a Seris Adam whose widow did Yibum, to fulfill the words of R. Akiva.
Objection (Rabah - Beraisa): If Reuven is a Petzu'a Daka, Krus Shofchah, Seris Adam, or is too old to have children, he does Chalitzah or Yibum.
If Reuven died leaving a widow, and a brother gave a Ma'amar or Get or did Chalitzah, it takes effect. If a brother did Yibum, he acquires her;
If Reuven's brother died leaving a widow, and Reuven gave a Ma'amar, Get or did Chalitzah, it takes effect. If he did Yibum, he acquires her, but may not stay married - "A Petzu'a Daka or Krus Shofchah will not enter Kehal Hash-m".
This shows that the widow is a Bas Yisrael!
Answer #2 (Rabah): Rather, the case is, he became a Petzu'a Daka after she fell to Yibum.
Question (Abaye): The Isur of Petzu'a Daka should discharge the Mitzvah of Yibum!
(Mishnah - R. Gamliel): (Leah fell to Yibum to a man married mid'Rabanan to her sister Rachel (a minor)). If Rachel does Mi'un, Leah may do Yibum. If not, Leah waits until Rachel grows up, and Leah is exempt because she is the Yavam's Achos Ishto.
This shows that the Isur of Achos Ishto discharges the Mitzvah of Yibum. The same should apply to the Isur of Petzu'a Daka!
Answer (Rav Yosef): The Tana holds like R. Akiva, according to the opinion that R. Akiva says that Mamzerim come only from Chayavei Lavin of Sher (kin), but not from other Chayavei Lavin.
Question: Yibum is "To establish a name for his brother", and the men (in Rabah's Beraisa) cannot do this!
Answer (Rava): If we required the Mes to be fertile when he died, Yibum would never apply, since he became a Seris Chamah right before he died (he was too weak to have children! Rather, it suffices that he was once able to have children.)
Question: Rava's reasoning is difficult for R. Eliezer!
Answer: A man does not become a Seris Chamah before death. He is just weak.