THE TUM'AH OF NOCHRIM [last line of previous Amud]
(Beraisa - R. Shimon): The graves of Nochrim do not have Tum'as Ohel (they are not Metamei what towers above them. Regarding Tum'as Ohel it says "Adam Ki Yamus b'Ohel", and) it says "You are my flock... you are Adam";
You (Yisrael) are called Adam, but Nochrim are not called Adam.
Question: "V'Nefesh Adam Shishah Asar Elef" (captives were taken from Midyan)!
Answer: It says "Adam" to distinguish from the animals.
Question: "(Ninveh) has more than 120,000 Adam..."!
Answer: It says Adam to distinguish from the animals.
Question: "Whoever killed a soul (in the war against Midyan) and touched a Mes will make himself Tahor" (this shows that a dead Nochri is Metamei)!
Answer #1: Perhaps a Yisrael died.
Chachamim do not accept this answer, for it says "V'Lo Nifkad Mimenu Ish";
R. Shimon holds that this means that no one stumbled in sin.
Answer #2 (Ravina): R. Shimon says that Nochrim are excluded from Tum'as Ohel. They are not excluded from Tum'ah of carrying or touching!
WHEN CAN A KOHEN GADOL MARRY A WIDOW? [line 13]
(Mishnah): If a Kohen was Mekadesh a widow and then was appointed to be Kohen Gadol, he may marry her.
A case occurred in which Yehoshua ben Gamla was Mekadesh Marsa Bas Baisus. The king appointed him to be Kohen Gadol, and he married her.
If a Yevamah fell to a Kohen, and he was appointed to be Kohen Gadol, even if he had given her a Ma'amar, he may not do Yibum.
(Gemara) Question: What is the source that if a Kohen was Mekadesh a widow, then was appointed Kohen Gadol, he may marry her?
Answer: "He will take a wife".
Objection: If so, this should also permit him to do Yibum!
Answer: "He will take a wife", but not a Yevamah.
(Mishnah): A case occurred in which Yehoshua ben Gamla...
Inference: It says that the king appointed him. He was not appointed (by the Kohanim and Sanhedrin)!
Rav Yosef: This was the scheme of Resha'im!
(Rav Asi): Marsa bas Baisus bribed King Yanai with a Tarkav (about six liters) of gold coins so he would appoint R. Yehoshua ben Gamla to be Kohen Gadol.
(Mishnah): If the Kohen Gadol's brother died, the Kohen Gadol does Chalitzah, but not Yibum.
(Gemara) Inference: The Mishnah does not distinguish if she was widowed from Eirusin or Nisu'in!
Question: Granted, from Nisu'in she is forbidden to him with a Lav (a widow) and an Aseh (non-virgin). The Mitzvas Aseh of Yibum does not override a Lav and Aseh;
However, if she was widowed from Eirusin, the Aseh of Yibum should override the Lav of a widow!
Answer: Mid'Oraisa, it does. Chachamim decreed against the first Bi'ah (Yibum), lest he come to do a second act (which is forbidden).
MAY A KOHEN MARRY AN AILONIS? [line 30]
(Mishnah): A regular Kohen may not marry an Ailonis, unless he already has a wife and children;
R. Yehudah says, even if he has a wife and children he may not marry her, since she is a Zonah;
Chachamim say that only a convert, freed slave, or one who had Bi'as Zenus is a Zonah.
(Gemara - Reish Galusa) Question: Why can't a Kohen marry an Ailonis?
Answer (Rav Huna): He must fulfill Peru u'Rvu (having children).
Question (Reish Galusa): Also Yisraelim have this Mitzvah!
Answer (Rav Huna): It mentions Kohanim due to the Seifa. R. Yehudah says, even if he has a wife and children he may not marry her, since she is a Zonah;
A Zonah is forbidden only to Kohanim, but not to Yisraelim.
Question: What is R. Yehudah's reason?
Answer (Rav Huna): "They ate and were not satiated, they were Mezaneh and did not spread (progeny)" - any Bi'ah that (is with a woman who) cannot procreate is Zenus.
A KOHEN MAY NOT MARRY A MINOR [line 7]
(Beraisa - R. Eliezer): A Kohen may not marry a minor.
Rav Chisda (to Rabah): Investigate this law, for Rav Huna will ask you about it tonight.
Explanation #1 (Rabah): R. Eliezer holds like R. Meir and as R. Yehudah:
He holds like R. Meir, who is concerned for the minority (perhaps she is an Ailonis);
He holds like R. Yehudah, who says that an Ailonis is a Zonah.
Objection #1: R. Eliezer does not hold like R. Meir!
(Beraisa - R. Meir): A male or female minor may not do Chalitzah nor Yibum;
Question (Chachamim): We agree that they may not do Chalitzah, for it says "Ish (an adult)", and we equate her to him. Why can't they do Yibum?
Answer (R. Meir): If they do Yibum and we find that he is a Seris or she is an Ailonis, they transgressed Ervah (there was no Mitzvah of Yibum to permit Eshes Ach).
(Beraisa - R. Eliezer): A girl who is a minor may do Yibum, but not Chalitzah. (This shows that he is not concerned lest she is an Ailonis!)
Objection #2: R. Eliezer does not hold like R. Yehudah!
(Beraisa - R. Eliezer): A Zonah is like her name (an adulteress);
R. Akiva says, she is a woman open to have Bi'ah with anyone;
R. Masya ben Charash says, even if her husband was taking her to drink (Sotah water) and he had Bi'ah with her on the way, she becomes a Zonah;
R. Yehudah says, a Zonah is an Ailonis;
Chachamim say that a Zonah is only a convert, a freed slave, or one who had Bi'as Zenus;
R. Elazar says, if two singles had Bi'ah without intent for Kidushin, she becomes a Zonah.
Explanation #2 (Rav Ada bar Ahavah): R. Eliezer forbids a Kohen Gadol to marry a minor;
The marriage takes effect when she becomes a Bogeres, and then she is not a (full) Besulah!
Objection (Rava): If her father was Mekadesh her, the marriage takes effect immediately! If she married herself off, also Chachamim would forbid!
Explanation #3 (Rava): Really, R. Eliezer discusses a regular Kohen. We are concerned lest she be enticed to Zenus.
Question: This concern also applies to a Yisrael!
Answer: Enticement of a minor is considered Ones. This does not forbid a Yisrael's wife.
Explanation #4 (Rav Papa): R. Eliezer discusses a Kohen Gadol. He holds like the following Tana:
(Beraisa) Suggestion: Perhaps "Besulah" must be a minor!
Rejection: "(He will take an) Ishah" (an adult).
Suggestion: Perhaps "Ishah" must be a Bogeres!
Resolution: She is not a minor, but she is not yet a Bogeres (she is in the six months of Na'arus).
Explanation #5 (Rav Nachman bar Yitzchak): R. Eliezer holds like the following Tana:
(Beraisa): "Besulah" refers only to a Na'arah, like it says, "Veha'Na'arah Yafah Me'od Besulah". (Ramban - Seder Olam says that Rivkah was three at the time. Rav Nachman holds that she was 14, like the Sifri. We must say that she brought two hairs less than six months before this.)
(Beraisa - R. Elazar): If two singles had Bi'ah without intent for Kidushin, she becomes a Zonah.
(Rav Amram): The Halachah does not follow R. Elazar.
THE MITZVAH OF HAVING CHILDREN [line 46]
(Mishnah - Beis Shamai): A man may not neglect having children unless he has children. He must have (at least) two sons;
Beis Hillel say, he must have a male and a female - "Male and female He created them."
(Gemara) Version #1: If he has children he may neglect having children, but he should have a wife. This supports Rav Nachman;
(Rav Nachman): Even if a man has many children, he may not remain single - "It is not good that man be alone."
Version #2 - Inference: If he has children, he may neglect having children and having a wife.
Question: This refutes Rav Nachman!
Answer: No. If he lacks children, he must marry a woman who can bear children. If he has children, he may marry a woman who cannot bear children.
One should sell a Sefer Torah to marry a childbearing woman only if he lacks children.
(Mishnah - Beis Shamai): He must have two sons.
Question: What is Beis Shamai's source?
Answer: They learn from Moshe - "Moshe's children were Gershom and Eliezer".
Beis Hillel learn from the creation of the world (Adam and Chavah).
Question: Why don't Beis Shamai learn from Creation?
Answer: We do not learn about something possible (the Mitzvah of Peru u'Rvu) from something impossible (it was essential to have a male and a female at creation).