1)

(a)In most cases of Arayos, the Torah uses the expression "ve'Ish ki Yishkav ... ". The Torah introduces the prohibition of incest with one's mother-in-law with the words - "ve'Ish ki Yikach es Ishah ve'es Imah".

(b)The Mishnah learns from the change of expression - that it is only if one actually marries a woman that one is subsequently guilty of committing incest if one marries her mother (or any other relative), but not if one raped or seduced her) See Tos. Yom-Tov DH ''Nos'in al ha'Anusah' 1 & 2.

(c)The Tana Kama - permits marrying a woman who was raped or seduced by one's ...

1. ... father or one's ...

2. ... son.

2)

(a)Rebbi Yehudah forbids marrying the woman whom one's father raped or seduced.

(b)He learns it is from the Pasuk in ki Seitzei "Lo Yikach Ish es Eishes Aviv ve'Lo Yegaleh K'naf Aviv" - which we explains to mean - 'the corner of the garment which his father saw (with reference to intimacy, even though they were not married).

(c)The Halachah is - like the Tana Kama.

3)

(a)Regarding a woman with whom one is suspected of having committed adultery - the Chachamim issued a prohibition against marrying her close relatives ..

(b)... because they were afraid that, since the suspected woman is close to his wife, she will hang around and cause him (and herself) to sin again.

(c)If, in spite of the Takanas Chachamim, someone did marry the relative - he is permitted to retain her ...

(d)The Tana permits him to do so even Lechatchilah is - provided the suspected woman is no longer alive, in which case the suspicion that they might sin again no longer exists.

4)

(a)The Mishnah exempts the children of a Giyores who converted (See Tos. Yom-Tov) together with her sons from both Chalitzah and Yibum - because Geirim have no paternal relationship, and Yibum and Chalitzah are confined to paternal brothers (See also Tos. Yom-Tov & Tiferes Yisrael).

(b)And the same ruling applies to where the first brother was conceived she'Lo bi'Kedushah (before the conversion) and the second one. bi'Kedushah ...

(c)... and to a Shifchah Meshuchreres (who has been set free) together with her sons.

5)

(a)The Mishnah now discusses a case where the sons of five women (See Tos. Yom-Tov) became mixed up (they don't know which of the five mothers is theirs). The Tana does not specifically mention the fact - that they each have a brother who did not become mixed-up.

(b)If the five S'feikos subsequently get married and die childless, each of the five Vaday sons cannot simply perform Yibum with one of the five Yevamos - since she may not be his Yevamah, in which case he will have transgresses the Isur of a Yevamah le'Shuk.

(c)The Tana therefore rules that four of them do Chalitzah with one of them - and the fifth may then perform Yibum with her (Mah Nafshach) ...

(d)... three of the brothers (including the one who performed Yibum with the first Yevamah) then do Chalitzah with one of the remaining Yevamos, and the fourth performs Yibum with her.

(e)And he concludes - by stating that at the end of the day, each Yevamah performs four Chalitzos and one Yibum (See Tos. Yom-Tov).

6)

(a)Besides all five of them doing Chalitzah with each of the Yevamos - four of them could have performed Chalitzah with all five women, and the fifth, Yibum with all of them.

(b)And the reason that the Mishnah presents the Halachah where each Yavam performs Yibum with one of the Yevamos - because of the possibility that each Yavam performs Yibum with his Yevamah, in which case the Mitzvah of Yibum has been fulfilled with all five Yevamos.

7)

(a)The Mishnah presents a case where the babies of a woman and her daughter-in-law became mixed-up, grow up, marry and died childless. The other sons of the daughter-in-law - must now do Chalitzah ...

(b)... and not Yibum - in case she is the wife of their paternal uncle.

(c)The woman's sons, however, are permitted to perform even Yibum - because even if she is the wife of their nephew, she is permitted to them (See Tos. Yom-Tov).

8)

(a)If it is one of their respective sons who died (and not the S'feikos), the S'feikos ...

1. ... must do Chalitzah with the wife of the woman's son (but not Yibum).

2. ... the daughter-in-law - one does Chalitzah, after which the other, may perform Yibum.

(b)The reason that Yibum is ...

1. ... forbidden in the first case is - in case she is the wife of their uncle, who is forbidden to them.

2. ... permitted in the second is - because 'Mah Nafshach', she is permitted to them (as we just explained).

9)

(a)If the children of a Kohenes and her Shifchah became mixed-up, the Mishnah ...

1. ... permits both of them to eat T'rumah - since the Eved/Shifchah of a Kohen is allowed to eat T'rumah.

2. ... require them both to go together to receive T'rumah when it is distributed in the barn - because, according to this Tana, one is not permitted to give an Eved T'rumah unless he is accompanied by his master (See Tos.Yom-Tov).

(b)The Mishnah prohibits them ...

1. ... from assisting in the burial of a dead person, and ...

2. ... from marrying both K'sheiros and ...

3. ... P'sulos.

10)

(a)It will become possible for them to marry when they grow up - if each one sets the other free (See Tos. Yom-Tov).

(b)They will then be permitted to marry - any woman who is permitted to a Kohen.

(c)Nevertheless, each one will be forbidden to render himself Tamei for a Meis, - (in case he is the Kohen), and to eat T'rumah or to receive a portion at the barn (in case he is the Eved Meshuchrar [See Tos. Yom-Tov]).

(d)If, in ...

1. ... the first case, the Safek renders himself Tamei for a dead person, the Tana rules that - he is Patur from Malkos.

2. ... the second case, he eats T'rumah - he is Patur from paying the principle plus the extra fifth (See Tos. Yom-Tov).

11)

(a)If they are given T'rumah and sell it - they may retain the proceeds.

(b)When the Tana says that one does not give them ...

1. ... a portion of Kodshim, he is referring to - the skin of Kodshei Kodshim.

2. ... Kodshim, he means that one may not give them Kodshim to sacrifice (See Tos. Yom-Tov & Tiferes Yisrael).

(c)The reason for the former ruling is - because the other Kohanim can say to him 'Prove that you are a Kohen and we will give you a portion'.

12)

(a)And when he says that one does take their Kodshim away from them, he is referring - to where a firstborn animal is born in their flock.

(b)If this happens, it must go into the field to graze ('Yir'eh ad she'Yista'ev ... ' [See Tos. Yom-Tov]), and they are then permitted to eat it.

(c)They are both - exempt from the Zero'a, Lechayayim and Keivah (the three parts of a Chulin animal that a Yisrael is obligated to give to a Kohen).

(d)The Mishnah concludes that one places on them the Chumros of a Kohen and those of a Yisrael (with regard to a Korban Minchah that they bring). The Chumrah that pertains to the Minchah of ...

1. ... a Yisrael is - that it requires Kemitzah and that the Kemitzah is brought on the Mizbe'ach independently.

2. ... a Kohen is - that the Shirayim is burned (See Tos. Yom-Tov) and not eaten by the Kohanim.

13)

(a)The problem with a woman whose husband dies and who marries within three months of her husband's death is - that, should she subsequently give birth, we do not know whether the baby is a ninth-month baby from the first husband, or a seventh-month baby from the second one.

(b)In the event that the Safek grows up, marries and dies without children, and has a brother from both of their mother's husbands - they must both do Chalitzah.

(c)Yibum is out of the question - since one set of brothers are maternal brothers only, who will be Chayav Kareis should they have relations with her.

(d)Likewise, if one of them dies childless - he must do Chalitzah.

14)

(a)If the Safek has brothers from both 'fathers' but from a different mother, then ...

1. ... if one of them dies childless - he may perform either Chalitzah or Yibum

2. ... if he dies childless - one of them does Chalitzah, after which the other one may perform Yibum.

(b)The reason for the concession to perform Yibum in the former ruling is - because 'Mah Nafshach', either she is his Yevamah or she is a stranger.

(c)Yibum is nevertheless forbidden - if the deceased has another brother, in which case she is a Yevamah le'Shuk (See Tos. Yom-Tov).

15)

(a)Assuming that one of his mother's husbands is/was a Kohen, the Safek may only marry - a woman who is fit to marry a Kohen.

(b)Despite the fact that he is a Safek Kohen, if he ...

1. ... is Metamei le'Meisim - he does not receive Malkos.

2. ... eats T'rumah - he is Patur from paying the principle plus a fifth.

(c)He does not receive a portion of T'rumah at the barn. If however, he receives T'rumah from another source and sells it - he may keep the proceeds.

(d)He does not receive a portion of Kodshei ha'Mikdash (even the skins) - nor may he sacrifice Korbanos, and if he has ...

1. ... a firstborn animal - he performs with it 'Ro'eh', and when it obtains a blemish, he is permitted to eat it.

2. ... an ordinary animal and claims that he is Patur from giving the Zero'a, Lechayayim and the Keivah to a Kohen - his claim is upheld.

(e)In the event that he brings a Minchah - on the one hand - it requires a Kemitzah to be taken from it (like a Minchas Yisrael), whilst on the other - the Minchah must be burned (like a Minchas Kohen).

16)

(a)Assuming that both his mother's husbands are Kohanim and either one of them or the Safek dies, then each one is obligated to ...

1. ... fulfill the Dinim of Aninus for the other, but they are ...

2. ... forbidden to render themselves Tamei for one another.

(b)Aninus is - the prohibition of eating Kodshim (See also Tos. Yom-Tov) on the day that - that one of one's seven relatives die.

(c)We know that the Safek is a Kohen Kasher - because he is forbidden to render himself Tamei for a Meis.

(d)The problem with saying that the Safek survived both his mother's husbands is - then that the first husband must have divorced her (and not died) before the second one married her, in which case he will be a Chalal, who is permitted to render himself Tamei.

(e)To resolve the problem, we establish the case - where the first husband betrothed the Safek's mother on a condition that was not met, in which case, she goes out without a Get, and she then got married to the second husband within three months.

17)

(a)The Safek does not inherit either set of brothers when they die - because the remaining brothers of the deceased claim that he is not their paternal brother, and we apply the principle 'ha'Motzi me'Chavero, alav ha'Re'ayah'.

(b)But when he dies - they divide his inheritance between them (See Tos. Yom-Tov).

(c)... because who's to stop them?

(d)In the event that he strikes or curses either of them - he is not punishable at the hand of Beis-Din (See Tos. Yom-Tov).

18)

(a)Assuming that the two husbands belong to different Mishmaros (of Kohanim) - the Safek is permitted to serve with both Mishmaros, if he so wishes (See Tos. Yom-Tov & Tiferes Yisrael).

(b)He may not, however - receive a portion of Kodshim ...

(c)... unless they belonged to the same Mishmar - in which case, he receives one portion (Mah Nafshach [See Tos. Yom-Tov]).