[69a - 53 lines; 69b - 45 lines]
1)[line 1]מי שיש לו אלמנות וגירושין בהMI SHE'YESH LO ALMANUS V'GERUSHIN BAH- [the daughter of a Kohen may eat Terumah after having had relations with] one from whom she can be divorced or widowed
2)[line 6]כולה ובת קרא יתירא הואKULEI U'VAS KRA YESEIRA HU- the words "u'Vas Kohen" are entirely extra. The previous verse discusses the daughter of a Kohen. Therefore, it would have sufficed to continue, "And if she is widowed or divorced...." As a result, even those who do not normally consider an extra Vav worthy of derivation may learn from the entire word in this instance.
3)[line 9]אע''ג דאית ליה זרע נמי תיכולAF AL GAV D'IS LEI ZERA NAMI TEICHOL- she may eat [Terumah following relations with him] even if she has children [whom he fathered, since they considered unrelated to her]
4)[line 10]רבויי לויה וישראלית למה ליRIBUYEI LEVIYAH V'YISRA'ELIS LAMAH LI?- why are the [words "u'Vas Kohen that] include a Leviyah and a Yisra'elis necessary? [If a Kohenes may eat Terumah even though she has children from a Nochri or Eved, certainly a Leviyah or Yisra'elis may!] (See Insights.)
5)[line 11]אין קדושין תופסין בחייבי לאויןEIN KIDUSHIN TOFSIN B'CHAYAVEI LAVIN
(a)A number of unions are prohibited by the Torah. The level of severity of all such prohibitions are not equal, however. The degrees of severity that exist are as follows:
1.CHAYAVEI MISAS BEIS DIN - those unions punishable by the death penalty (e.g., relations with a married woman);
2.CHAYAVEI KARES - those unions punishable by Kares (see Background to 3:27) (e.g., relations with one's sister);
3.CHAYAVEI LAVIN - those unions forbidden by a negative commandment. Such prohibitions are punishable by Malkus (lashes) (e.g., relations with a Nochri);
4.CHAYAVEI ASEH - those unions forbidden by the implications of a positive commandment. While forbidden, such unions do not lead to a specific punishment (e.g., relations between a Kohen Gadol and a non-virgin).
(b)Should one attempt to be Mekadesh (betroth; see Background to 67:36) a woman who is forbidden to him, whether or not the Kidushin is valid is subject to a Tanaic disagreement (Kidushin 67b-68a). Also dependant upon this disagreement is whether or not the offspring produced by such a union are Mamzerim (see Background to 68:11).
1.According to the Chachamim, Kidushin takes effect with any woman who is prohibited due to a Lav and/or Aseh. Kidushin does not take effect with a woman who is prohibited with an Isur Kares or Misas Beis Din (such as those detailed in Vayikra 18:6-23).
2.Rebbi Akiva and others rule more stringently, and maintain that Kidushin does not take effect even with those women prohibited with an Isur Lav. Within the opinion of Rebbi Akiva, there are those Tana'im who insist that Rebbi Akiva' opinion includes only those Lavim that prohibit relatives (Mishnah, Yevamos 49a), those who maintain that it includes all Lavim, and those who assert that even unions prohibited as a result of an Aseh produce a Mamzer (with the exception of a Kohen Gadol who has relations with a non-virgin; Kesuvos 30a) (Yevamos 49a).
(c)According to all opinions, Kidushin does not take effect when either the man or woman is a Nochri or a Nochri slave. They are prohibited with a Lav, but even Rebbi Akiva agrees the institution of Kidushin does not exist with regard to Nochrim (see Insights to Yevamos 45:1).
6)[line 13]כי תיבעלKI TIBA'EL- "when she has relations with" (since there are no men to whom she may be betrothed (see TOSFOS DH Ki))
7)[line 16]דחזיא לכהונהD'CHAZYA L'CHEHUNAH- that is fit to [marry a] Kohen
8)[line 22]מחזיר גרושתוMACHZIR GERUSHASO
(a)Unless one is a Kohen, he may remarry his wife after divorcing her. If, however, she married another and was widowed or divorced in the interim, then he may not (Devarim 24:4). This prohibition applies only to a divorcee who subsequently married; had she been forcefully assaulted, then her ex-husband may remarry her.
(b)Tana'im disagree as to whether her ex-husband may remarry her if she was widowed or divorced following Kidushin (engagement) but before Nisu'in (marriage) to another (Yevamos 11b).
9)[line 23]מי שזר אצלה מעיקראMI SHE'ZAR ETZLAH ME'IKARA- he who was always forbidden (lit. a stranger) to her
10)[line 25]חלל דלאו זר [אצלה] הוא (מעיקרא)CHALAL D'LAV ZAR [ETZLAH] HU (ME'IKARA)- a Chalal (see Background to 66:30), who is not forbidden to her (as even the daughter of a Kohen is allowed to marry a Chalal)
11)[line 26]"[ו]לא יחלל זרעו בעמיו""[V']LO YECHALEL ZAR'O B'AMAV"- "[A widow, divorcee, Chalalah (see Background to 59:3), or Zonah (see Background to 59:22) - these he may not marry; rather, he must marry a woman form his nation who is a virgin. And] he should not profane his offspring within his nation..." (Vayikra 14-15) - These verses refer to a Kohen Gadol. His children born of a forbidden union become Chalalim, and are not Kohanim.
12)[line 27]מקיש זרעו לוMAKISH ZAR'O LO (HEKESH)
(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is Hekesh. A Hekesh entails comparing two subjects that are mentioned together in a verse.
(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see Background to Avodah Zarah 46:22) or a Gezeirah Shavah (see Background to Zevachim 103:30) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").
(c)From the fact that a Kohen Gadol and his invalid offspring are referred to in the single word of "Zar'o" - "his offspring" - it is possible to compare the two through a Hekesh.
13)[line 28]משעת הויהMI'SHA'AS HAVAYAH- [that a woman is rendered unfit to marry a Kohen or eat Terumah] from the time that Kidushin [with the Isur Lav] takes place
14)[line 29]בביאהB'VI'AH- [only renders her unfit] through relations [since the verse refers to offspring, which implies that she is affected only by an action through which they can be produced]
15)[line 35]מצרי שני ואדומי שניMITZRI SHENI VE'EDOMI SHENI- a second-generation Egyptian or Edomite convert (see Background to 68:7)
16)[line 36]ושניהם לא למדוה אלא מכהן גדול באלמנהV'SHENEIHEM LO LAMDUHA ELA MI'KOHEN GADOL B'ALMANAH- The source that a woman is rendered unfit to marry a Kohen or eat Terumah after relations with one forbidden to her is the verse of "Ki Siheyeh l'Ish Zar," as the Gemara explained earlier. The parameters of this prohibition, however, are derived from the Halachos written regarding relations between a Kohen Gadol and an Almanah (TOSFOS DH u'Sheneihim).
17)[line 46]גר עמוני ומואביGER AMONI U'MO'AVI- an Amonite or Moabite convert (see Background to 68:6)
18)[line 51]עמוני ולא עמוניתAMONI, V'LO AMONIS- a male Amonite convert [may not marry a Jewess of unsullied lineage], but not a female Amonite convert (i.e., she may marry a Jew of unsullied lineage like any other convert)
19a)[line 52]האונסHA'ONES- a rapist
b)[line 52]והמפתהV'HA'MEFATEH- and a seducer
c)[line 52]והשוטהVHA'SHOTEH- and one who is demented [even if he marries a woman]
20)[line 52]ואם אינן ראויין לבא בישראלV'IM EINAN RE'UYIN LA'VO B'YISRAEL- and the Gemara (68a) explains that this refers to a Chalal, even though he is permitted to marry any Jewess.
69b----------------------------------------69b
21)[line 1]עיברהIBRA- if she conceives
22)[line 1]נחתך העובר במעיהNECHTACH HA'UBAR B'ME'EHA- if the fetus was cut up inside her womb, [if she miscarries, or even if the child was born and then died at any point]
23a)[line 5]פוסל משום ביאהPOSEL MI'SHUM BI'AH- renders [a woman] unfit [to marry a Kohen or eat Terumah] through [having] relations [with her]
b)[line 5]ואינו פוסל משום זרעV'EINO POSEL MI'SHUM ZERA- but does not render his grandmother [who is the daughter of a Kohen] unfit [to return to eating from her father's Terumah following the death of her husband and other descendants]
24)[line 7]ונכבש על השפחהNICHBASH AL HASHIFCHAH- pressed (O.F. prese - a clothes press) himself upon a maidservant. "Nichbash" is a derogatory term used here since Kidushin does not take effect with a Nochri maidservant.
25)[line 11]ממזרMAMZER- see Background to 68:11
26)[line 20]ומשמשMESHAMESH- performing the Avodah (Divine Service in the Beis ha'Mikdash)
27)[line 25]זאתZOS- this [woman]
28)[line 25]לא כבני כ''גLO KI'VNI KOHEN GADOL!- [may there] not [be many] like my [grand]son the Kohen Gadol!
29)[line 22]תנינא להא דת''רTANINA L'HA D'TANU RABANAN- our Mishnah proves that the Halachah follows the ruling of the following Beraisa
30)[line 25]ליחוש שמא עיברהLEICHUSH SHEMA IBRA!- let us be concerned that she may have conceived!
31a)[line 25]מפרישין אותן ג' חדשיםMAFRISHIN OSAN SHELOSHAH CHODASHIM- [if two men who married sisters accidentally swap wives on the night of their wedding] we separate them for three months
b)[line 26]שמא מעוברות הןSHEMA ME'UBAROS HEN- for perhaps they are expecting [in which case their children would be Mamzerim] (Mishnah, 33b)
32a)[line 26]ליוחסין חששוL'YUCHASIN CHASHESHU- regarding questions of lineage we are stringent [even after she has relations only once and it is highly unlikely that she is expecting]
b)[line 27]לתרומה לא חששוLI'TERUMAH LO CHASHESHU- regarding whether or not she may eat Terumah we are lenient [after she has relations only once since a) it is highly unlikely that she is expecting (RASHI); b) she has a Chazakah (see Background to 64:43) that she is allowed to eat Terumah (RITVA)]
33)[line 28]אסורה לאכול בתרומה מידASURAH LE'ECHOL BI'TERUMAH MI'YAD- she may no longer eat Terumah effective immediately [since he may die at any moment, even though a) this is highly unlikely (RASHI); b) she has a Chazakah (see Background to 64:43) that she is allowed to eat Terumah (RITVA)]
34)[line 29]בזנות לא חששוBI'ZENUS LO CHASHESHU- we are not concerned [that she is expecting] as a result of extra-marital relations [since she will turn over immediately afterward to insure that she not conceive]
35)[line 30]טובלתTOVELES- she must immerse herself in a Mikvah [since a woman who has had relations is Teme'ah (Vayikra 15:18)]
36)[line 30]לערבL'EREV- following nightfall [since she is only then Tehorah]
37)[line 31]עד ארבעיםAD ARBA'IM- until forty days [after her marriage, at which point she may have conceived]
38)[line 32]מיא בעלמא היאMAYA B'ALMA HI- [the embryo] is merely water [and does not prevent her from eating Terumah]
39a)[line 32]הוכר עוברה במעיהHUKAR UBRAH B'ME'EHA- if her fetus is evident in her stomach; i.e., if it becomes evident that she is expecting
b)[line 33]תהא מקולקלת למפרעTEHEI MEKUKELES L'MAFRE'A- she will become spoiled retroactively; i.e., she must reparations for having unknowingly eaten Terumah that was forbidden to her
40)[line 33]עד ארבעיםAD ARBA'IM- [for the Terumah that she ate] until the fortieth day [looking back]; i.e., from the fortieth day and onward
41)[line 34]ארוסתוARUSASO- his betrothed (see Background to 67:36)
42)[line 34]חמיוCHAMAV- his father-in-law
43)[line 34]הולד ממזרHA'VLAD MAMZER- the child is illegitimate [since no one in the world was allowed to have relations with her, and if most of the inhabitants of the world fathered the child then he is a Mamzer]
44)[line 34]הולד שתוקיHA'VLAD SHESUKI
(a)A Shesuki is a person (male or female) whose paternal lineage is in doubt, and the possibility exists that he is a Mamzer (illegitimate child; see Background to 68:11). The term "Shesuki" is derived from "Shesikah" - silence - since when such a child calls for his father, his mother silences him.
(b)Shmuel maintains that there is a doubt as to whether the child of the betrothed woman was fathered by her betrothed or by another, and he is therefore a possible Mamzer.
45)[line 35]דדיימא מעלמאD'DAYMA ME'ALMA- when she is suspected of having had relations with men other than her betrothed
46)[line 36]בתרא דידיה שדינן ליהBASRA DIDEI SHADINAN LEI- we consider the child his [and not a Mamzer]
47)[line 37]אמאי תאכלAMAI TOCHEL?- why should she eat [Terumah]? [Perhaps the child was fathered by someone other than a Kohen!]
48)[line 37]מיניה דיימאMINEI DAYMA- (a) he admits to having had relations with his betrothed (RASHI); (b) we know that he has had relations with his betrothed (TOSFOS to 70a DH Aval)
49a)[line 38]דלהאי איסוראD'L'HAI ISURA- that she is forbidden to this one [who has had relations with her, since she is unmarried]
b)[line 38]ולהאי איסוראUL'HAI ISURA- and she is [equally] forbidden to this [other] one [who may theoretically have had relations with her]
50a)[line 39]דלהאי איסוראD'L'HAI ISURA- that she is forbidden to this one [other than her betrothed to whom she is a married woman]
b)[line 39]ולהאי היתיראUL'HAI HETEIRA- and she is permitted to [her betrothed relative to the degree to which she is forbidden to anyone else]
51)[line 42]חבושים בבית האסוריןCHAVUSHIM B'VEIS HA'ASURIN- incarcerated in prison [such that it impossible for anyone else to have fathered her child]
52)[last line]דלא דיימא מיניהD'LO DAYMA MINEI- when (a) he denies having had relations with his betrothed (RASHI); (b) it is unknown whether or not he has had relations with his betrothed (TOSFOS to 70a DH Aval)