1)

PEOPLE WHO DO NOT RECEIVE TERUMAH AT THE GRANARIES

(a)

Question: We understand why almost all of these do not receive:

1.

A deaf person, lunatic or minor lacks understanding;

2.

A Tumtum or Androginus is a creation unto himself (it disgraces Terumah to give to him);

3.

If a slave would receive, people might assume that he has proper lineage (for marriage);

4.

An Arel or Tamei is repulsive;

5.

A Kohen married to a Pesulah is fined;

6.

However, why doesn't a woman receive?

(b)

Answer #1 (Rav Papa or Rav Huna brei d'Rav Yehoshua): We are concerned lest she continue to receive after she is divorced.

(c)

Answer #2 (The other of Rav Papa and Rav Huna): We are concerned lest she come to be secluded with a man.

(d)

Question: What is the practical difference between these reasons?

(e)

Answer #1: They argue about a place close to the city (people would know if she was divorced) where people are not commonly found (seclusion is a problem);

(f)

Answer #2: They argue about a place far from the city (people would not know if she was divorced) where people are common (seclusion is not a problem).

(g)

(Beraisa): In every case we send Terumah to their houses, except for a Tamei or a Kohen who married a Pesulah.

(h)

We do send to an Arel.

(i)

Question: If this is because he is Anus (he cannot circumcise himself due to danger, e.g. his brothers died through Milah), the same applies to a Tamei!

(j)

Answer: An Arel is totally blameless. A Tamei could have been more careful.

(k)

(Beraisa): A slave or woman does not receive Terumah at the granaries. In a place where they receive, we give first to the woman, and send her away.

(l)

Question: What does this mean (we said that they do not receive!)?

(m)

Answer: Where Ma'aser Oni is distributed, we give to a woman first, because of disgrace.

1.

(Rava): At first, when a man and a woman would come for judgment, I would hear the man's case first, because he is obligated in (all) Mitzvos.

2.

Now that I heard the above law, I hear the woman's case first, because of disgrace.

2)

AFTER THEY FREE EACH OTHER

(a)

(Mishnah): When they grow up ...(if they freed each other ...)

(b)

Question: Why is this a matter of choice? If they do not free each other, they cannot marry a slave or a Bas Yisrael!

(c)

Answer (Rava): The Mishnah should say that we force them to free each other.

(d)

(Mishnah): They have the stringencies ...

(e)

Question: What does this teach?

(f)

Answer (Rav Papa): When one of them brings a Minchah (flour offering), a Kometz (handful) is offered on the Mizbe'ach like a Yisrael's Minchah, and the Shirayim (remainder) are not eaten, like a Kohen's Minchah;

1.

The handful is offered by itself, and the Shirayim by themselves.

(g)

Objection: (If he is a Yisrael, the remainder is permitted.) Whenever part of a Korban was offered and this permits the rest, a Lav forbids burning the Shirayim on the Mizbe'ach!

(h)

Answer #1 (R. Yehudah brei d'R. Shimon ben Pazi): He burns it as if it was wood, like R. Elazar taught:

1.

(Beraisa - R. Elazar): "(You may not burn permitted Shirayim) l'Re'ach Nicho'ach" (l'Shem Korban), but you can burn them as if they were wood.

(i)

This is only according to R. Elazar. According to Chachamim, how can we answer?

(j)

Answer #2: We do like R. Elazar b'Rebbi Shimon.

1.

(Beraisa - R. Elazar b'Rebbi Shimon): [When a Kohen brings a Minchas Chotei], the Kometz is offered by itself, and the Shirayim are scattered in the place where ashes from the Mizbe'ach are placed.

2.

Even Chachamim argue with R. Elazar b'Rebbi Shimon [and say that we offer Kometz and Shir'ayim separately] only regarding a Kohen's Chatas since it is totally burned, since it can be offered. Here, they admit. (If he is a Yisrael, the Shirayim should be eaten, so one may not burn them on the Mizbe'ach.)

3)

A CHILD WHO MAY BE FROM THE FIRST OR SECOND HUSBAND

(a)

(Mishnah): If a woman remarried without waiting three months and gave birth (nine months after leaving her first husband), we do not know if the baby was born after nine months from the first husband; or after seven months from the second husband;

(b)

If she had (definite) sons from both husbands, (if the Safek dies) they do Chalitzah, not Yibum. If a definite son dies, the Safek does Chalitzah, but not Yibum.

100b----------------------------------------100b

(c)

If he had brothers from both possible fathers, from a different mother, he may do Chalitzah or Yibum to their widows. (He may do Yibum only if there is no other brother.) If he died, a brother from one possible father does Chalitzah, and a brother from the other possible father may do Yibum.

(d)

If one possible father was a Yisrael and the other was a Kohen, the Safek has the following restrictions:

1.

He marries a woman fit for a Kohen;

2.

He may not become Tamei. If he did, he is not lashed;

3.

He may not eat Terumah. If he ate, he does not pay the principal, nor an added fifth;

4.

He does not receive a share of Terumah at the granaries. He sells Terumah that he separates from his own produce, and keeps the money;

5.

He does not get a share of Kodshim of the Mikdash. If he comes to offer a Korban, we do not seize it from him;

6.

He is exempt from giving Matanos (the foreleg, jaw and stomach of a Chulin animal);

7.

His firstborn animals graze until they get a blemish;

8.

We put on him the stringencies of a Kohen and of a Yisrael.

(e)

If both possible fathers are Kohanim, he is an Onen when either of them dies, and they are Onenim when he dies;

(f)

He does not become Tamei to engage in burying them, and they do not become Tamei to engage in burying him. He does not inherit them, but they inherit him. He is exempt if he hits or curses either of them;

(g)

He goes to the Mikdash at the time when each of them goes to serve, but he does not receive a portion of the Korbanos;

1.

If they are from the same Mishmar (division) of Kohanim, he receives a portion.

(h)

(Gemara): Chalitzah must be done before Yibum. One may not do Yibum first, lest he is from the other father, and they transgress Yevamah l'Shuk.

4)

A KOHEN MUST HAVE KNOWN LINEAGE

(a)

(Shmuel): If 10 Kohanim were together and one separated and had Bi'ah with a woman, the resulting child is a Shtuki (silenced).

(b)

Question: Regarding what is the child a Shtuki?

1.

He need not teach that he is Shtuki (denied) from inheriting his father's property. This is obvious, for we do not know which is his father!

(c)

Answer: Rather, we silence him from Kehunah. "To him and his sons after him" - a Kohen must know his father, and this child does not.

(d)

Question (Rav Papa): How will you expound what Hash-m said to Avraham - "(Lihyos Lecha lEilokim) and to your children after you"?

(e)

Answer: Hash-m warned him not to marry a Nochri or slave, lest his seed follow her.

(f)

Question (Beraisa): (If a woman did Yibum within three months (of the death) and gave birth nine months,) the child is fitting to be a Kohen Gadol.

1.

The child does know which is his father!

(g)

Answer: The need to be able to trace lineage is only mid'Rabanan. The verse is only an Asmachta. Chachamim decreed only about Zenus, but not regarding marriage.

(h)

Question: Chachamim did not decree about Zenus!

1.

(Mishnah): If a woman remarried without waiting three months and gave birth...

2.

Question: How did she leave her first husband?

3.

Answer #1: He died.

4.

Rejection (Seifa): The Safek is an Onen when they (his possible fathers) die, and they are Onenim when he dies.

i.

Granted, the son is an Onen when the second husband dies, and when the bones of the first husband are gathered.

ii.

However, how can they be Onenim when the Safek dies? The first husband died before the Safek was born!

5.

Answer #2: Rather, the first husband divorced her. She did not wait three months after the Get.

6.

Rejection (Seifa): He may not become Tamei to engage in burying them, and they may not become Tamei to engage in burying him.

i.

Granted, they cannot become Tamei to bury him, for each is in doubt whether or not this is his son.

ii.

Granted, the son can't become Tamei for the second husband. Perhaps it is not his father!

iii.

However, why can't the son become Tamei for the first husband? If it is his father, this is a Mitzvah. If it is not his father, the son is a Chalal (his mother was divorced), so he may become Tamei!

7.

Answer #3: Rather, the first man never married his mother, they just had Zenus. The Mishnah says, she did not wait three months after Ba'alah (her husband). It means, after Bo'alah (the man who had Bi'ah with her).

8.

Summation of question (against Shmuel - Seifa): The son goes to the Mikdash with the Mishmar of each possible father.

(i)

Answer #1 (and Answer #4 to Question (2) - Rav Shemaya): His mother left her first husband through Mi'un (so she was permitted to remarry a Kohen).

(j)

Question: If she did Mi'un, she could not give birth (from her first husband, since she was a minor)!

1.

(Rav Bivi - Beraisa): Three women use a contraceptive wad to prevent pregnancy: a minor, a pregnant woman, and a nursing woman. (Rashi - they may use a wad at the time of Bi'ah; Tosfos - they must use a wad after Bi'ah.)

i.

A minor does so, lest she get pregnant and die;

ii.

A pregnant woman does so lest the fetus get mashed;

iii.

A nursing woman does so lest pregnancy force her to wean her baby, and he will die.

2.

R. Meir says, a girl between 11 and 12 years uses a wad. If she is younger or older, she has Bi'ah normally.

3.

Chachamim say, at any age she has normal Bi'ah. Shamayim will have mercy on her - "Hash-m guards the simple."

(k)

Answer: The case is, her Kidushin was on condition, and it was not fulfilled.

1.

(Rav Yehudah): If a married woman was Mezanah and "She was not grabbed", she is forbidden. Had she been forced, she would be permitted. There is a case in which even though she was not forced, she is permitted, i.e. mistaken Kidushin.

2.

Even if she has a child, she may do Mi'un and leave her husband.

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