Kiddushin 74
ΧΦ°Χ Φ΄ΧΧΦ°ΧΦ΅Χ ΧΧΦΌΧΦ΅Χ ΧΦ΄ΧΦΌΦ·ΧΧ Χ ΦΈΧ§Φ΅Χ? ΧΦΈΧ Χ¦Φ°Χ¨Φ΄ΧΧΦΈΧ ΧΦΌΦ°Χ ΦΈΧ§Φ΅Χ ΧΦ΄ΧͺΦΌΦ·Χ¨Φ°ΧΦ·ΧΦ°ΧΧΧΦΌ ΧΦ°ΧΦΈΧΦ·Χ¨: ΧΦ·Χ ΧΦ΄ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦ·ΧΧ, ΧΦ°ΧΦ·Χ ΧΦΌΦ°Χ’Φ·Χ ΧΦΌΧΦΌΧ¨Φ°ΧΦ·Χ. ΧΦ°ΧΦΈΧ ΧΦ°ΧΦ΄ΧΧ’Φ· ΧΦ΅Χ ΧΦ΄ΧΦΌΦ·Χ’Φ°ΧͺΦΌΧΦΉ ΧΦ°ΧΦ΅Χ ΧΦΉΧ ΧΦ΄ΧΦΌΦ·Χ’Φ°ΧͺΦΌΧΦΉ.
The Gemara asks: And let us see from whom he took the money, as it will be obvious that he is the one who bought it. The Gemara answers: No, it is necessary to teach this halakha in a case where the seller took money from both of them, and he then said: One payment I accepted willingly, and one payment was given to me against my will, and it is not known which person gave him money in accordance with his will and which did so against his will. In that case, if the item is no longer in the sellerβs possession, he is not deemed credible to testify to whom he sold it.
Χ ΦΆΧΦ±ΧΦΈΧ ΧΦΌΦ·ΧΦΌΦΈΧΧ ΧΧΦΉΧΦ·Χ¨: ΧΦΈΧΦΆΧ ΧΦ΄ΧΦΌΦ΄ΧΧͺΦ΄Χ ΧΦ°ΧΦΈΧΦΆΧ ΧΦ΄ΧΦΌΦ·ΧΧΦ°ΧͺΦΌΦ΄Χ. ΧΦΌΦ·ΧΦΌΦΆΧ ΧΦΌΦ°ΧΦΈΧ¨Φ΄ΧΧ ΧΦ²ΧΧΦΌΧ¨Φ΄ΧΧ β Χ©ΧΦΆΧΦΌΦ·Χ’Φ²ΧΦ΅Χ ΧΦ΄ΧΧ Φ΄ΧΧ Χ’ΧΦΉΧΦ°ΧΦ΄ΧΧ ΧΦ°Χ€ΦΈΧ ΦΈΧΧ, ΧΦ²ΧΦΈΧ ΧΦ΅ΧΧ ΧΦΌΦ·Χ’Φ²ΧΦ΅Χ ΧΦ΄ΧΧ Φ΄ΧΧ Χ’ΧΦΉΧΦ°ΧΦ΄ΧΧ ΧΦ°Χ€ΦΈΧ ΦΈΧΧ β ΧΦ΅ΧΧ ΧΦΉ Χ ΦΆΧΦ±ΧΦΈΧ. ΧΦ°Χ Φ΄ΧΧΦ°ΧΦ΅Χ ΧΦ°ΧΧΦΌΧͺΦΈΧ ΧΦ·ΧΧ Χ ΦΈΧ§Φ΅ΧΧ?
The Gemara cites the continuation of the baraita: Similarly, a judge is deemed credible to say: I found this person victorious in a civil case, and I found this one obligated to pay. In what case is this statement said? When the litigants are still standing before him. But if the litigants are not standing before him but have left, he is not deemed credible. The Gemara asks: And let us see who holds the writ of a favorable verdict. Why is there a need to rely on the statement of the judge?
ΧΦΈΧ Χ¦Φ°Χ¨Φ΄ΧΧΦΈΧ, ΧΦΌΦ΄Χ§Φ°Χ¨Φ΄ΧΧ’Φ· ΧΦ°ΧΧΦΌΧͺΦ·ΧΦ°ΧΧΧΦΌ. ΧΦ°Χ Φ΄ΧΧΦ°ΧΦΌΦ·Χ¨ ΧΦ°Χ Φ΄ΧΧΦ·ΧΦΌΦ°ΧΧ Φ΄ΧΧ Φ°ΧΧΦΌ! ΧΦΌΦ°Χ©ΧΧΦΌΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΦΌΦΈΧΧ Φ΅Χ.
The Gemara answers: No, it is necessary to teach this halakha in a case where their writs of a favorable verdict have been torn up and cannot be examined. The Gemara asks: If so, then let him return and judge them again, and presumably the same verdict will be issued. The Gemara answers: It was a case of the judgesβ discretion [shuda dedayyanei]. In certain cases, the verdict depends on the decision of the judges based solely on their sense of which litigant deserves to win. There is no guarantee that they will make the same decision the second time around.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ Χ Φ·ΧΦ°ΧΦΈΧ: Χ©ΧΦ°ΧΦΉΧ©ΧΦΈΧ Χ ΦΆΧΦ±ΧΦΈΧ Φ΄ΧΧ Χ’Φ·Χ ΧΦ·ΧΦΌΦ°ΧΧΦΉΧ¨, ΧΦ΅ΧΦΌΧΦΌ ΧΦ΅Χ: ΧΦ·ΧΦΌΦΈΧ, ΧΦΈΧΦ΄ΧΧ, ΧΦ°ΧΦ΄ΧΦΌΧΦΉ. ΧΦ·ΧΦΌΦΈΧ β ΧΦ°ΧΦ·ΧΦ°ΧͺΦΌΦ·Χ¨, ΧΦ΄ΧΦΌΧΦΉ β ΧΦΌΧΧ Χ©ΧΦ΄ΧΦ°Χ’ΦΈΧ, ΧΦΈΧΦ΄ΧΧ β ΧΦ°Χ’ΧΦΉΧΦΈΧ. ΧΦΌΦ΄ΧΦ°ΧͺΦ·Χ Φ°ΧΦΈΧ. Χ΄ΧΦ·ΧΦΌΦ΄ΧΧ¨Χ΄ β ΧΦ·ΧΦΌΦ΄ΧΧ¨ΦΆΧ ΦΌΧΦΌ ΧΦ·ΧΦ²ΧΦ΅Χ¨Φ΄ΧΧ.
The Gemara continues to discuss the credibility of various people with regard to a firstborn. Rav NaαΈ₯man says: Three are deemed credible with regard to stating that a child is a firstborn, and they are: A midwife, his father, and his mother. A midwife is deemed credible only immediately; his mother is deemed credible all of the first seven days after his birth; his father is deemed credible forever. As it is taught in a baraita: Expounding the verse: βBut he shall acknowledge the firstbornβ (Deuteronomy 21:17), the Sages said: The father shall acknowledge him to others. In other words, he is deemed credible to tell others that this is his firstborn.
ΧΦ΄ΧΦΌΦΈΧΧ ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ: Χ ΦΆΧΦ±ΧΦΈΧ ΧΦΈΧΦΈΧ ΧΧΦΉΧΦ·Χ¨: Χ΄ΧΦΆΧ ΧΦΌΦ°Χ Φ΄Χ ΧΦΌΦ°ΧΧΦΉΧ¨Χ΄. ΧΦΌΧΦ°Χ©ΧΦ΅Χ Χ©ΧΦΆΧ ΦΌΦΆΧΦ±ΧΦΈΧ ΧΧΦΉΧΦ·Χ¨: Χ΄ΧΦΆΧ ΧΦΌΦ°Χ Φ΄Χ ΧΦΌΦ°ΧΧΦΉΧ¨Χ΄, ΧΦΌΦΈΧΦ° Χ ΦΆΧΦ±ΧΦΈΧ ΧΧΦΉΧΦ·Χ¨: Χ΄ΧΦΆΧ ΧΦΌΦΆΧ ΧΦΌΦ°Χ¨ΧΦΌΧ©ΧΦΈΧΧ΄ ΧΦ°Χ΄ΧΦΆΧ ΧΦΌΦΆΧ ΧΦ²ΧΧΦΌΧ¦ΦΈΧΧ΄. ΧΦ·ΧΦ²ΧΦΈΧΦ΄ΧΧ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ: ΧΦ΅ΧΧ ΧΦΉ Χ ΦΆΧΦ±ΧΦΈΧ.
From here, Rabbi Yehuda said: A person is deemed credible to say: This is my firstborn son. And just as he is deemed credible to say: This is my firstborn son, so too, if he is a priest he is deemed credible to say about his son: This is a son of a divorced woman, or: This is a son of a αΈ₯alutza. And the Rabbis say: As far as these latter claims are concerned, he is not deemed credible. He is deemed credible to state only which son is his firstborn.
ΧΦ·ΧΦΌΦΈΧ Χ©ΧΦΈΧΧΦΌΧ ΧΦΈΧΦΈΧ Χ§ΧΦΉΧ¨Φ΅Χ ΧΦ·Χ©ΦΌΧΦ°ΧͺΧΦΌΧ§Φ΄Χ Χ΄ΧΦΌΦ°ΧΧΦΌΧ§Φ΄ΧΧ΄. ΧΦ·ΧΧ Χ΄ΧΦΌΦ°ΧΧΦΌΧ§Φ΄ΧΧ΄? ΧΦ΄ΧΧΦ΅ΧΧΦΈΧ Χ©ΧΦΆΧΦΌΧΦΉΧΦ°Χ§Φ΄ΧΧ ΧΦΆΧͺ ΧΦ΄ΧΦΌΧΦΉ ΧΦ°ΧΧΦΉΧΦΆΧ¨ΦΆΧͺ: ΧΦ°ΧΦΈΧ©ΧΦ΅Χ¨ Χ Φ΄ΧΦ°Χ’Φ·ΧΦ°ΧͺΦΌΦ΄Χ β Χ ΦΆΧΦ±ΧΦΆΧ ΦΆΧͺ, ΧΦΌΦ°ΧΦ·ΧΧ β ΧΦΌΦ°Χ¨Φ·ΧΦΌΦΈΧ ΧΦΌΦ·ΧΦ°ΧΦ΄ΧΧΦ΅Χ, ΧͺΦΌΦ°Χ Φ΅ΧΧ ΦΈΧ ΧΦ²ΧΦΈΧ ΧΦ΄ΧΧΦ°Χ ΦΈΧ! ΧΦΌΦ΄ΧͺΦ°Χ Φ·Χ: ΧΦΈΧΦ°ΧͺΦΈΧ ΧΦ°Χ’ΧΦΌΧΦΌΦΆΧ¨ΦΆΧͺ, ΧΦ°ΧΦΈΧΦ°Χ¨ΧΦΌ ΧΦΈΧΦΌ: ΧΦΈΧ ΧΦ΄ΧΧΧΦΉ Χ©ΧΦΆΧ Χ’ΧΦΌΧΦΌΦΈΧ¨ ΧΦΆΧ? ΧΦΈΧΦ°Χ¨ΦΈΧ ΧΦΈΧΦΆΧ: ΧΦ΅ΧΦ΄ΧΧ©Χ Χ€ΦΌΦ°ΧΧΦΉΧ Φ΄Χ ΧΦ°ΧΦΉΧΦ΅Χ ΧΧΦΌΧ. Χ¨Φ·ΧΦΌΦΈΧ ΧΦΌΦ·ΧΦ°ΧΦ΄ΧΧΦ΅Χ ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΧΦΉΧΦ°Χ¨Φ΄ΧΧ: Χ ΦΆΧΦ±ΧΦΆΧ ΦΆΧͺ, ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΉΧ©ΧΦ»Χ’Φ· ΧΧΦΉΧΦ΅Χ¨: ΧΦΉΧ ΧΦ΄Χ€ΦΌΦ΄ΧΧΦΈ ΧΦΈΧ ΧΦΌ ΧΦ·ΧΦΌΦ΄ΧΧ. ΧΦ°ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΦ°ΧΧΦΌΧΦΈΧ, ΧΦΈΧΦ·Χ¨ Χ©ΧΦ°ΧΧΦΌΧΦ΅Χ: ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦΈΧ ΧΦΌΦ·ΧΦ°ΧΦ΄ΧΧΦ΅Χ.
Β§ The mishna teaches that Abba Shaul would call a shetuki by the label of beduki. The Gemara asks: What is the meaning of beduki? If we say that they examine [bodekin] his mother, and if she says: I engaged in sexual intercourse with a man of unflawed lineage, in which case she is deemed credible, then with whose opinion does this halakha accord? With that of Rabban Gamliel. But we already learned this on another occasion, as we learned in a mishna (Ketubot 13a): If an unmarried woman was pregnant, and they said to her: What is the status of this fetus, and she said to them: It is from so-and-so, and he is a priest, then Rabban Gamliel and Rabbi Eliezer say: She is deemed credible, and Rabbi Yehoshua says: We donβt live from, i.e., we donβt rely on, the words of her mouth, and she is not trusted. And Rav Yehuda says that Shmuel says: The halakha is in accordance with the opinion of Rabban Gamliel. What, then, did Abba Shaul add beyond what was taught in that mishna?
β ΧΦ²ΧΦΈΧ ΧΦ°ΧΦ·ΧΦ°Χ©ΧΦ΄ΧΧ¨ ΧΦΌΦΈΧΦΌ, ΧΦ·ΧΦ²ΧΦΈΧ ΧΦ°ΧΦ·ΧΦ°Χ©ΧΦ΄ΧΧ¨ ΧΦΌΦ°ΧΦ΄ΧͺΦΌΦΈΧΦΌ. ΧΦΈΧ Φ΄ΧΧΦΈΧ ΧΦ°ΧΦ·ΧΧ ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: ΧΦ°ΧΦ΄ΧΦ°Χ¨Φ΅Χ ΧΦ·ΧΦΌΦ·ΧΦ°Χ©ΧΦ΄ΧΧ¨ ΧΦΌΦΈΧΦΌ β Χ€ΦΌΧΦΉΧ‘Φ΅Χ ΧΦΌΦ°ΧΦ΄ΧͺΦΌΦΈΧΦΌ.
The Gemara answers: Abba Shaulβs statement that the woman is deemed credible when she states that the father of the child was of unflawed lineage is nevertheless necessary. One halakha was stated in order to render her fit to marry a priest, and one halakha was stated to render her daughter fit to marry a priest as well. The Gemara asks: This works out well according to the one who says: According to the statement of the one who deems her fit to marry a priest, he nevertheless deems her daughter unfit, as her credibility does not extend to her daughter, who never had a presumptive status of unflawed lineage. Abba Shaul therefore presents a novel ruling, that if she claims to have engaged in intercourse with a man of unflawed lineage, she is deemed credible even with regard to the status of her daughter.
ΧΦΆΧΦΌΦΈΧ ΧΦ°ΧΦ·ΧΧ ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: ΧΦ°ΧΦ΄ΧΦ°Χ¨Φ΅Χ ΧΦ·ΧΦΌΦ·ΧΦ°Χ©ΧΦ΄ΧΧ¨ ΧΦΌΦΈΧΦΌ β ΧΦ·ΧΦ°Χ©ΧΦ΄ΧΧ¨ ΧΦΌΦ°ΧΦ΄ΧͺΦΌΦΈΧΦΌ, ΧΦ·ΧΦΌΦΈΧ Χ©ΧΦΈΧΧΦΌΧ ΧΦ·ΧΧ ΧΦ²ΧͺΦΈΧ ΧΦ°ΧΦ·Χ©ΧΦ°ΧΧΦΉΧ’Φ΄ΧΧ Φ·Χ?
But according to the one who says: According to the statement of the one who deems her fit to marry a priest, he deems her daughter fit to do so as well, what is Abba Shaul coming to teach us?
ΧΦΌΦ°ΧΦ·ΧΦΌΦΈΧ Χ©ΧΦΈΧΧΦΌΧ Χ’Φ²ΧΦ΄ΧΧ€ΦΈΧ ΧΦ΄ΧΦΌΦ°Χ¨Φ·ΧΦΌΦΈΧ ΧΦΌΦ·ΧΦ°ΧΦ΄ΧΧΦ΅Χ. ΧΦΌΦ°ΧΦ΄Χ ΧΦ΅ΧΦΈΧͺΦΈΧ ΧΦ²ΧΦΈΧ ΧΦΈΧΦ΅ΧΧ ΦΈΧ: ΧΦΈΧͺΦΈΧ, ΧΦΌΦ°Χ¨ΧΦΉΧ ΧΦΌΦ°Χ©ΧΦ΅Χ¨Φ΄ΧΧ ΧΦΆΧ¦Φ°ΧΦΈΧΦΌ, ΧΦ²ΧΦΈΧ ΧΦ΅ΧΧΦΈΧ ΧΦΌΦ°Χ¨ΧΦΉΧ Χ€ΦΌΦ°Χ‘ΧΦΌΧΦ΄ΧΧ ΧΦΆΧ¦Φ°ΧΦΈΧΦΌ β ΧΦ΅ΧΧΦΈΧ ΧΦΈΧ, Χ¦Φ°Χ¨Φ΄ΧΧΦΈΧ. ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ: ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΦΌΦΈΧ Χ©ΧΦΈΧΧΦΌΧ.
The Gemara answers: The statement of Abba Shaul is preferable and is more far-reaching than that of Rabban Gamliel, as, if the halakha were learned only from there, the case of an unmarried woman, I would say: There it is a case when most are fit with regard to her, as it is permitted for most people to engage in intercourse with a single woman. But in a circumstance where most are unfit with regard to her, e.g., if she was betrothed and claimed that the man betrothed to her was the father, you might say this: She is not deemed credible when she claims to have engaged in intercourse with a man that would result in the child being of unflawed lineage, as only a small minority of people, i.e., her betrothed, would not render the child unfit, while the rest of the people in the world would render him unfit. Therefore, Abba Shaulβs halakha was necessary in order to include that case. Rava says: The halakha is in accordance with the statement of Abba Shaul.
ΧΦ·ΧͺΦ°Χ Φ΄ΧΧ³ ΧΦΌΧΧ ΧΦΈΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΌΦ·Χ§ΦΌΦΈΧΦΈΧ β ΧΧΦΌΧͺΦΌΦΈΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ. Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨.
MISHNA: All those for whom it is prohibited to enter into the congregation, i.e., to marry a Jew of unflawed lineage, are permitted to marry into each otherβs families. Rabbi Yehuda prohibits them from marrying anyone other than those who share their specific flaw.
Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΧΦΉΧΦ΅Χ¨: ΧΦ·ΧΦΌΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΦΌΦΈΧΦΈΧ β ΧΧΦΌΧͺΦΌΦΈΧ¨, ΧΦ·ΧΦΌΦΈΧΦΈΧ ΧΦΌΦ΄Χ‘Φ°Χ€Φ΅ΧΧ§ΦΈΧ, ΧΦΌΧ‘Φ°Χ€Φ΅ΧΧ§ΦΈΧ ΧΦΌΦ°ΧΦ·ΧΦΌΦΈΧΦΈΧ, ΧΦΌΧ‘Φ°Χ€Φ΅ΧΧ§ΦΈΧ ΧΦΌΦ΄Χ‘Φ°Χ€Φ΅ΧΧ§ΦΈΧ β ΧΦΈΧ‘ΧΦΌΧ¨. ΧΦ°ΧΦ΅ΧΦΌΧΦΌ ΧΦ΅Χ ΧΦ·Χ‘ΦΌΦ°Χ€Φ΅ΧΧ§ΧΦΉΧͺ: Χ©ΧΦ°ΧͺΧΦΌΧ§Φ΄Χ, ΧΦ²Χ‘ΧΦΌΧ€Φ΄Χ, ΧΦ°ΧΧΦΌΧͺΦ΄Χ.
Rabbi Eliezer says: It is permitted for those with definite flaws to marry with those with definite flaws. For example, it is permitted for mamzerim and Gibeonites to marry each other. By contrast, it is prohibited for those with definite flaws, such as mamzerim, to marry with those whose flaws result from an uncertainty, such as a child of unknown paternity [shetuki] and a foundling; and it is prohibited for those whose flaws result from an uncertainty to marry with those with definite flaws; and it is prohibited for those whose flaws result from an uncertainty to marry with those whose flaws result from an uncertainty, such as a shetuki and a female shetuki. And these are the ones whose flaws result from an uncertainty: A shetuki, a foundling, and a Samaritan.
ΧΦΌΦ°ΧΦΈΧ³ ΧΦ·ΧΧ ΧΦΌΧΧ ΧΦΈΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΌΦ·Χ§ΦΌΦΈΧΦΈΧ? ΧΦ΄ΧΧΦ΅ΧΧΦΈΧ ΧΦ·ΧΦ°ΧΦ΅ΧΧ¨Φ΅Χ ΧΦΌΧ Φ°ΧͺΦ΄ΧΧ Φ΅Χ Χ©ΧΦ°ΧͺΧΦΌΧ§Φ΅Χ ΧΦ·ΧΦ²Χ‘ΧΦΌΧ€Φ΅Χ β ΧΦΈΧ ΧͺΦΌΦ°Χ ΦΈΧ ΧΦ΅ΧΧΦΌ Χ¨Φ΅ΧΧ©ΧΦΈΧ, ΧΦ·ΧΦ°ΧΦ΅ΧΧ¨Φ΅Χ ΧΦΌΧ Φ°ΧͺΦ΄ΧΧ Φ΅Χ Χ©ΧΦ°ΧͺΧΦΌΧ§Φ΅Χ ΧΦ·ΧΦ²Χ‘ΧΦΌΧ€Φ΅Χ ΧΧΦΌΧͺΦΌΦΈΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ!
GEMARA: What is the meaning of: All those for whom it is prohibited to enter into the congregation? If we say mamzerim and Gibeonites, shetukim, and foundlings, wasnβt it already taught in the first clause of the first mishna of the chapter that with regard to mamzerim and Gibeonites, shetukim, and foundlings, it is permitted for men and women in these categories to marry into each otherβs families?
ΧΦ°ΧͺΧΦΌ: Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨, ΧΦ·ΧΦ΅ΧΦΈΧΧ? ΧΦ΄ΧΧΦΌΦ΅ΧΧΦΈΧ ΧΦ·ΧΦΌΦ·ΧΦΌΦΈΧΦΈΧ ΧΦΌΦ΄Χ‘Φ°Χ€Φ΅ΧΧ§ΦΈΧ β ΧΦΈΧ ΧΦ΄ΧΦΌΦ°Χ§ΦΈΧͺΦΈΧ Φ΅Χ Χ‘Φ΅ΧΧ€ΦΈΧ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΧΦΉΧΦ΅Χ¨: ΧΦ·ΧΦΌΦΈΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΦΌΦΈΧΦΈΧ β ΧΧΦΌΧͺΦΌΦΈΧ¨, ΧΦ·ΧΦΌΦΈΧΦΈΧ ΧΦΌΦ΄Χ‘Φ°Χ€Φ΅ΧΧ§ΦΈΧ, ΧΦΌΧ‘Φ°Χ€Φ΅ΧΧ§ΦΈΧ ΧΦΌΦ΄Χ‘Φ°Χ€Φ΅ΧΧ§ΦΈΧ β ΧΦΈΧ‘ΧΦΌΧ¨, ΧΦ΄ΧΦΌΦ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦΈΧ Χ‘Φ°ΧΦ΄ΧΧ¨ΦΈΧ ΧΦ΅ΧΧΦΌ!
And furthermore, to which case in the mishna here is it referring when it states: Rabbi Yehuda prohibits them? If we say it is referring to those with definite flaws marrying with those whose flaws result from an uncertainty, and it is teaching that Rabbi Yehuda prohibits them from marrying each other, this is difficult. But from the fact that it teaches in the latter clause that Rabbi Eliezer says: It is permitted for those with definite flaws to marry with those with definite flaws; by contrast, it is prohibited for those with definite flaws to marry with those whose flaws result from an uncertainty, and it is prohibited for those whose flaws result from an uncertainty to marry with those with definite flaws, and it is prohibited for those whose flaws result from an uncertainty to marry with those whose flaws result from an uncertainty; then by inference, it is clear that Rabbi Yehuda does not maintain this opinion.
ΧΦ°ΧΦ΄Χ ΧͺΦΌΦ΅ΧΧΦΈΧ: Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨ ΧΦ·ΧΦΌΦ΅Χ¨ ΧΦΌΦ°ΧΦ·ΧΦ°ΧΦΆΧ¨ΦΆΧͺ, ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ΅Χ¨ ΧΦΌΦ°ΧΦ·ΧΦ°ΧΦΆΧ¨ΦΆΧͺ Χ§ΦΈΧͺΦΈΧ Φ΅Χ? ΧΦΌΧΧ ΧΦΈΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΌΦ·Χ§ΦΌΦΈΧΦΈΧ Χ§ΦΈΧͺΦΈΧ Φ΅Χ!
And if you would say that when Rabbi Yehuda prohibits those with flawed lineage from marrying each other, he is referring to the prohibition against a convert marrying with a mamzeret, does the mishna teach the halakha of a convert marrying with a mamzeret? It teaches: All those for whom it is prohibited to enter into the congregation, which does not include a convert.
ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΦ°ΧΧΦΌΧΦΈΧ:
Rav Yehuda says:
ΧΦΈΧΦ΄Χ Χ§ΦΈΧΦΈΧΦ·Χ¨: ΧΦΌΧΧ ΧΦΈΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΌΦ΄Χ§Φ°ΧΦ·Χ ΧΦΌΦ°ΧΧΦΌΧ ΦΌΦΈΧ, ΧΦ·ΧΧ Χ Φ΄ΧΧ Φ°ΧΧΦΌ β ΧΦΌΦ΄ΧΦΌΧΦΉΧ¨ΦΆΧͺ Χ€ΦΌΦ°ΧΧΦΌΧͺΦΈΧ ΧΦ΄ΧΦΌΦ·Χͺ Χ©ΧΦΈΧΦΉΧ©Χ Χ©ΧΦΈΧ Φ΄ΧΧ ΧΦ°ΧΧΦΉΧ ΧΦΆΧΦΈΧ, ΧΦΌΧΦ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦΌΦΆΧ ΧΧΦΉΧΦ·Χ β ΧΧΦΌΧͺΦΌΦΈΧ¨Φ΄ΧΧ ΧΦΈΧΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ.
This is what the mishna is saying: All those for whom it is prohibited to enter into the congregation of the priesthood. Rav Yehuda adds parenthetically: And who are they? Even a female who became a convert at less than three years and one day old, and this is not in accordance with the opinion of Rabbi Shimon ben YoαΈ₯ai, who holds that such a girl is permitted to marry a priest. Rav Yehuda resumes his presentation of the statement of Rabbi Yehuda: They are permitted to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another.
ΧΦ°Χ ΧΦΉΧ§Φ°ΧΦ·ΧΦΌ ΧΦΌΦ°ΧΦ·Χͺ Χ©ΧΦΈΧΦΉΧ©Χ Χ©ΧΦΈΧ Φ΄ΧΧ ΧΦ°ΧΧΦΉΧ ΧΦΆΧΦΈΧ, ΧΦ·ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦΌΦΆΧ ΧΧΦΉΧΦ·Χ! ΧΦ΄Χ ΧΦΌΦ΅Χ, ΧΦ΄Χ¦ΦΌΦ΄ΧΧΦΌΦ·ΧΦΌ ΧͺΦΌΦΈΧΦ°Χ¨Φ·ΧΦΌ.
The Gemara asks: And let us establish the mishna as referring to a girl who became a convert at three years and one day old or older, and then it will accord even with Rabbi Shimon ben YoαΈ₯aiβs opinion, as he agrees that this convert may not marry a priest. The Gemara answers: If so, the mishna is broken, i.e., contradicted, from within itself, as if the mishna states that even a female who converted when she was older than three years and a day may marry one with flawed lineage, one would make an incorrect inference, as follows.
ΧΦΆΧΦΌΦΈΧ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°ΧΦ·Χͺ Χ©ΧΦΈΧΦΉΧ©Χ Χ©ΧΦΈΧ Φ΄ΧΧ ΧΦ°ΧΧΦΉΧ ΧΦΆΧΦΈΧ, ΧΦΈΧ Χ€ΦΌΦ°ΧΧΦΌΧͺΦΈΧ ΧΦ΄ΧΦΌΦ·Χͺ Χ©ΧΦΈΧΦΉΧ©Χ Χ©ΧΦΈΧ Φ΄ΧΧ ΧΦ°ΧΧΦΉΧ ΧΦΆΧΦΈΧ, ΧΦΌΦ°ΧΧΦΌΧͺΦΌΦΆΧ¨ΦΆΧͺ ΧΦΈΧΦΉΧ ΧΦΌΦ΄Χ§Φ°ΧΦ·Χ ΧΦΌΦ°ΧΧΦΌΧ ΦΌΦΈΧ, ΧΦ²Χ‘ΧΦΌΧ¨ΦΈΧ ΧΦΈΧΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ? ΧΦ²Χ¨Φ΅Χ Χ€ΦΌΦ°ΧΧΦΌΧͺΦΈΧ ΧΦ΄ΧΦΌΦ·Χͺ Χ©ΧΦΈΧΦΉΧ©Χ Χ©ΧΦΈΧ Φ΄ΧΧ ΧΦ°ΧΧΦΉΧ ΧΦΆΧΦΈΧ ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦΌΦΆΧ ΧΧΦΉΧΦ·Χ, ΧΦΌΦ°ΧΧΦΌΧͺΦΌΦΆΧ¨ΦΆΧͺ ΧΦΈΧΦΉΧ ΧΦΌΦ΄Χ§Φ°ΧΦ·Χ ΧΦΌΦ°ΧΧΦΌΧ ΦΌΦΈΧ ΧΦΌΧΦ»ΧΧͺΦΌΦΆΧ¨ΦΆΧͺ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ!
Rather, the reason that she may marry one with flawed lineage is that she converted when she was already three years and one day old. But if she converted when she was less than three years and one day old, as she is permitted to enter into the congregation of the priesthood, is she prohibited from marrying into those families that are prohibited from entering into the congregation but are permitted to marry one another? This cannot be, since according to the opinion of Rabbi Shimon ben YoαΈ₯ai, there is also the case of a female who converted when she was less than three years and one day old, who is permitted to enter the congregation of the priesthood and is also permitted to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another. Consequently, the mishna cannot be explained to accord with the opinion of Rabbi Shimon ben YoαΈ₯ai.
ΧΦΌΧΦ°ΧΦΈΧΦΈΧ ΧΧΦΌΧ ΧΦΌΦ°ΧΧΧ ΧΦΈΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΌΦ΄Χ§Φ°ΧΦ·Χ ΧΦΌΦ°ΧΧΦΌΧ ΦΌΦΈΧ ΧΧΦΌΧͺΦΌΦΈΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ? ΧΦ·ΧΦ²Χ¨Φ΅Χ ΧΦ·ΧΦ°ΧΦΈΧ ΦΈΧ ΧΦΌΧΦ°Χ¨ΧΦΌΧ©ΧΦΈΧ ΧΦ·ΧΦ²ΧΦΈΧΦΈΧ ΧΦ°ΧΧΦΉΧ ΦΈΧ ΧΦΌΦ·ΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΌΦ΄Χ§Φ°ΧΦ·Χ ΧΦΌΦ°ΧΧΦΌΧ ΦΌΦΈΧ, ΧΦ·ΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ! ΧΦ°ΧͺΧΦΌ: ΧΦΈΧ ΧΧΦΌΧͺΦΌΦΈΧ¨ ΧΦΈΧ‘ΧΦΌΧ¨? ΧΦ·ΧΦ²Χ¨Φ΅Χ ΧΦΌΦ΅Χ¨ Χ©ΧΦΆΧΦΌΧΦΌΧͺΦΌΦΈΧ¨ ΧΦΌΦ°ΧΦΉΧΦΆΧ ΦΆΧͺ ΧΦΌΧΧΦΌΧͺΦΌΦΈΧ¨ ΧΦΌΦ°ΧΦ·ΧΦ°ΧΦΆΧ¨ΦΆΧͺ!
The Gemara continues to ask: But is it an established principle that all those for whom it is prohibited to enter into the congregation of the priesthood are permitted to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another? But a widow, who may not marry a High Priest, and a divorcΓ©e, and a woman disqualified from marrying a priest [αΈ₯alala], and a woman who has engaged in sexual intercourse with a man forbidden to her by the Torah [zona], are prohibited to enter into the congregation of the priesthood and are also prohibited to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another. And furthermore, can it be inferred: But one who is permitted to enter into the congregation of the priesthood is prohibited from marrying a man of flawed lineage? But there is the convert, who is permitted to marry a daughter of a priest, and is also permitted to marry a mamzeret.
ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ Χ ΦΈΧͺΦΈΧ ΧΦΌΦ·Χ¨ ΧΧΦΉΧ©ΧΦ·Χ’Φ°ΧΦΈΧ: ΧΦΈΧΦ΄Χ Χ§ΦΈΧΦΈΧΦ·Χ¨: ΧΦΌΧΧ Χ©ΧΦΆΧΦΌΦΉΧΦ΅Χ ΧΦΈΧ‘ΧΦΌΧ¨ ΧΦ΄ΧΧ©ΦΌΧΦΈΧ ΧΦΆΧͺ ΧΦΌΦ΄ΧͺΦΌΧΦΉ, ΧΦΌΧΦ·ΧΧ Χ Φ΄ΧΧΧΦΌ β ΧΦΌΦ΅Χ¨ Χ©ΧΦΆΧ ΦΌΦΈΧ©ΧΦΈΧ ΧΦΌΦ΄ΧΦΌΧΦΉΧ¨ΦΆΧͺ. ΧΦΌΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΦΌΦΆΧ ΧΦ·Χ’Φ²Χ§ΦΉΧ β ΧΧΦΌΧͺΦΌΦΈΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ.
Rather, Rav Natan bar Hoshaya said: This is what the tanna of the mishna is saying: Any person about whom the halakha is that a priest may not marry his daughter. Rav Natan bar Hoshaya adds parenthetically: And who is that? A convert who married a female convert, and this is in accordance with the opinion of Rabbi Eliezer ben Yaβakov, who prohibits the daughter of two converts to marry a priest. Rav Natan bar Hoshaya resumes his presentation of the statement of Rabbi Yehuda: People of that status are permitted to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another, since converts are not in the category of βcongregation.β
ΧΦΌΧΦ°ΧΦΈΧΦΈΧ ΧΧΦΌΧ ΧΦΌΦ°ΧΧΧ Χ©ΧΦΆΧΦΌΦΉΧΦ΅Χ ΧΦΈΧ‘ΧΦΌΧ¨ ΧΦ΄ΧΧ©ΦΌΧΦΈΧ ΧΦΆΧͺ ΧΦΌΦ΄ΧͺΦΌΧΦΉ ΧΧΦΌΧͺΦΌΦΈΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ? ΧΦ²Χ¨Φ΅Χ ΧΦΈΧΦΈΧ Χ©ΧΦΆΧ ΦΌΦΈΧ©ΧΦΈΧ ΧΦΌΦ·Χͺ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ, ΧΦΌΦ°ΧΦΉΧΦ΅Χ ΧΦΈΧ‘ΧΦΌΧ¨ ΧΦ΄ΧΧ©ΦΌΧΦΈΧ ΧΦΌΦ΄ΧͺΦΌΧΦΉ, ΧΦ·ΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ Χ ΦΈΧΦ΅Χ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ! ΧΦΈΧ Χ§Φ·Χ©ΧΦ°ΧΦΈΧ, ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦΌΧΦΉΧ‘Φ°ΧͺΦΌΦ·ΧΧ ΧΦΌΦΆΧ ΧΦ°ΧΧΦΌΧΦΈΧ.
The Gemara asks: But is it an established principle that anyone whose daughter a priest may not marry is permitted to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another? But there is the case of a priest disqualified due to flawed lineage [αΈ₯alal] who married a Jewish woman, as a priest may not marry his daughter, since she is a αΈ₯alala. And despite this, she is included among those who are prohibited to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another. The Gemara answers: This is not difficult, since this mishna is in accordance with the opinion of Rabbi Dostai ben Yehuda, who holds that the daughter of a αΈ₯alal and a Jewish woman may marry a priest.
ΧΦ·ΧΦ²Χ¨Φ΅Χ ΧΦΈΧΦΈΧ Χ©ΧΦΆΧ ΦΌΦΈΧ©ΧΦΈΧ ΧΦ²ΧΦΈΧΦΈΧ ΧΦ°ΧΦΉΧΦ΅Χ ΧΦΈΧ‘ΧΦΌΧ¨ ΧΦ΄ΧΧ©ΦΌΧΦΈΧ ΧΦΌΦ΄ΧͺΦΌΧΦΉ, ΧΦ°ΧΦΈΧ‘ΧΦΌΧ¨ Χ ΦΈΧΦ΅Χ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ! ΧΦ°ΧͺΧΦΌ: ΧΦΈΧ ΧΧΦΌΧͺΦΌΦΈΧ¨ ΧΦΈΧ‘ΧΦΌΧ¨? ΧΦ·ΧΦ²Χ¨Φ΅Χ ΧΦΌΦ΅Χ¨ Χ©ΧΦΆΧ ΦΌΦΈΧ©ΧΦΈΧ ΧΦΌΦ·Χͺ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ, ΧΦ°ΧΦΉΧΦ΅Χ ΧΧΦΌΧͺΦΌΦΈΧ¨ ΧΦ΄ΧΧ©ΦΌΧΦΈΧ ΧΦΌΦ΄ΧͺΦΌΧΦΉ, ΧΦΌΧΧΦΌΧͺΦΌΦΈΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ!
The Gemara asks: But there is the case of a αΈ₯alal who married a αΈ₯alala, as a priest may not marry his daughter, since she is a αΈ₯alala. And despite this, she is included among those who are prohibited to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another. And furthermore, can it be inferred: One with regard to whom it is permitted for a priest to marry his daughter, is he prohibited from marrying Jews of flawed lineage? But there is the case of a convert who married a Jewish woman, and a priest is permitted to marry his daughter. And despite this, people of that status are permitted to marry into those families that are prohibited from entering into the congregation but are permitted to marry one another.
ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ Χ Φ·ΧΦ°ΧΦΈΧ ΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦΈΧ ΧΦΌΦ·Χ¨ ΧΦ²ΧΧΦΌΧΦΌ: ΧΦΈΧΦΈΧ ΧΦ·ΧΦ°ΧΦ΅Χ¨ ΧΦ΅ΧΦ²ΧΧΦΉΧͺΧΦΉ ΧΦΌΧΦ·ΧΦ°ΧΦ΅Χ¨ ΧΦ΅ΧΦ΅Χ©ΧΦΆΧͺ ΧΦ΄ΧΧ©Χ ΧΦ΄ΧΧΦΌΦΈΧ ΧΦΌΦ΅ΧΧ Φ·ΧΦ°ΧΧΧΦΌ.
Rather, Rav NaαΈ₯man said that Rabba bar Avuh said a different explanation of the dispute between the first tanna and Rabbi Yehuda: Here, the difference between them concerns a mamzer resulting from intercourse between a man and his sister, and a mamzer resulting from intercourse between a married woman and a man other than her husband.
ΧͺΦΌΦ·Χ ΦΌΦΈΧ Χ§Φ·ΧΦΌΦΈΧ Χ‘ΦΈΧΦ·Χ¨: ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦ·ΧΦ°ΧΦ΅Χ¨ ΧΦ΅ΧΦ²ΧΧΦΉΧͺΧΦΉ Χ ΦΈΧΦ΅Χ ΧΦΈΧΦ΅Χ ΧΦ·ΧΦ°ΧΦ΅Χ¨. ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ Χ‘ΦΈΧΦ·Χ¨: ΧΦ΅ΧΦ΅Χ©ΧΦΆΧͺ ΧΦ΄ΧΧ©Χ ΧΦΈΧΦ΅Χ ΧΦ·ΧΦ°ΧΦ΅Χ¨, ΧΦ΅ΧΦ²ΧΧΦΉΧͺΧΦΉ β ΧΦΈΧ ΧΦΈΧΦ΅Χ ΧΦ·ΧΦ°ΧΦ΅Χ¨.
The first tanna holds: Even a mamzer resulting from intercourse between a man and his sister is also considered a mamzer. And Rabbi Yehuda holds: The offspring resulting from intercourse with a married woman is a mamzer, but offspring resulting from intercourse between a man and his sister is not a mamzer. According to this explanation, the dispute is that according to the first tanna, offspring resulting from intercourse between siblings may marry offspring resulting from intercourse with a married woman, while according to Rabbi Yehuda, the offspring resulting from intercourse between siblings is of unflawed lineage and may not marry a mamzer.
ΧΦ·ΧΧ Χ§ΦΈΧ ΧΦ·Χ©ΧΦ°ΧΦ·Χ’ ΧΦ·Χ? ΧͺΦΌΦ°Χ Φ΅ΧΧ ΦΈΧ: ΧΦ΅ΧΧΦΆΧΧΦΌ ΧΦ·ΧΦ°ΧΦ΅Χ¨ β ΧΦΌΦΉΧ Χ©ΧΦΆΧΧΦΌΧ ΧΦΌΦ°Χ΄ΧΦΉΧ ΧΦΈΧΦΉΧΧ΄, ΧΦΌΦ΄ΧΦ°Χ¨Φ΅Χ Χ¨Φ·ΧΦΌΦ΄Χ Χ’Φ²Χ§Φ΄ΧΧΦΈΧ.
The Gemara asks: What is the tanna teaching us with this? We already learned this in a mishna (Yevamot 49a): Who is a mamzer? Any offspring who is born of a union prohibited by the verse: βHe shall not enterβ (Deuteronomy 23:2). In other words, if the union was a violation of any kind of prohibition, even that of a prohibition that is not subject to the punishment of karet, the child is a mamzer; this is the statement of Rabbi Akiva.
Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦ·ΧͺΦΌΦ΄ΧΧΦ°Χ Φ΄Χ ΧΧΦΉΧΦ΅Χ¨: ΧΦΌΦΉΧ Χ©ΧΦΆΧΦ·ΧΦΌΦΈΧΧΦ΄ΧΧ Χ’ΦΈΧΦΈΧΧ ΧΦΌΦΈΧ¨Φ΅Χͺ ΧΦΌΦ΄ΧΧΦ΅Χ Χ©ΧΦΈΧΦ·ΧΦ΄Χ, ΧΦ·ΧΦ²ΧΦΈΧΦΈΧ ΧΦΌΦ΄ΧΦ°ΧΦΈΧ¨ΦΈΧΧ. Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΉΧ©ΧΦ»Χ’Φ· ΧΧΦΉΧΦ΅Χ¨: ΧΦΌΦΉΧ Χ©ΧΦΆΧΦ·ΧΦΌΦΈΧΧΦ΄ΧΧ Χ’ΦΈΧΦΈΧΧ ΧΦ΄ΧΧͺΦ·Χͺ ΧΦΌΦ΅ΧΧͺ ΧΦΌΦ΄ΧΧ.
The mishna continues: Shimon HaTimni says: Any offspring who is born of a union enjoined by a prohibition for which one is liable to receive karet at the hand of Heaven, and the halakha is in accordance with his statement. Rabbi Yehoshua says: Any offspring who is born of a union enjoined by a prohibition for which one is liable to receive court-imposed capital punishment. This demonstrates that the question of whether mamzer status results from sexual intercourse between siblings, for which one is liable to receive karet rather than capital punishment, has already been addressed in a mishna. Therefore, Rav NaαΈ₯manβs explanation of this mishna must be rejected.
ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΦ·Χ¨ Χ¨ΦΈΧΦΈΧ: ΧΦΌΦ΅Χ¨ Χ’Φ·ΧΦΌΧΦΉΧ Φ΄Χ ΧΦΌΧΧΦΉΧΦΈΧΦ΄Χ ΧΦ΄ΧΧΦΌΦΈΧ ΧΦΌΦ΅ΧΧ Φ·ΧΦ°ΧΧΧΦΌ, ΧΦ°ΧΦΈΧΦ΄Χ Χ§ΦΈΧΦΈΧΦ·Χ¨: ΧΦΌΧΧ ΧΦΈΧΦ²Χ‘ΧΦΌΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΌΦ·Χ§ΦΌΦΈΧΦΈΧ, ΧΦΌΧΦ·ΧΧ Χ Φ΄ΧΧΧΦΌ: ΧΦΌΦ΅Χ¨ Χ’Φ·ΧΦΌΧΦΉΧ Φ΄Χ ΧΦΌΧΧΦΉΧΦΈΧΦ΄Χ β ΧΧΦΌΧͺΦΌΦΈΧ¨Φ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΆΧ ΧΦΌΦΈΧΦΆΧ.
Rather, Rava said: The difference between them involves the halakha of a male Ammonite and a male Moabite convert, and this is what the tanna is saying: All those for whom it is prohibited to enter into the congregation. Rava adds parenthetically: And who are they? A male Ammonite and a male Moabite convert. Rava resumes his presentation of the statement of Rabbi Yehuda: They are permitted to marry one another.
ΧΦ΄Χ ΧΦΈΧΦ΄Χ ΧΦ·ΧΧ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨? ΧΦΈΧΦ΄Χ Χ§ΦΈΧΦΈΧΦ·Χ¨: ΧΦ·Χ£ Χ’Φ·Χ Χ€ΦΌΦ΄Χ Χ©ΧΦΆΧ¨Φ·ΧΦΌΦ΄Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΧΦΉΧ‘Φ΅Χ¨ ΧΦΌΦ΅Χ¨ ΧΦΌΦ°ΧΦ·ΧΦ°ΧΦΆΧ¨ΦΆΧͺ, ΧΦΈΧ Φ΅Χ ΧΦ΄ΧΧΦΌΦ΅Χ ΧΦΌΦ΅Χ¨ ΧΦΌΦ°Χ¨ΦΈΧΧΦΌΧ ΧΦΈΧΦΉΧ ΧΦΌΦ·Χ§ΦΌΦΈΧΦΈΧ, ΧΦ²ΧΦΈΧ ΧΦΌΦ΅Χ¨ Χ’Φ·ΧΦΌΧΦΉΧ Φ΄Χ ΧΦΌΧΧΦΉΧΦΈΧΦ΄Χ ΧΦΌΦ°ΧΦ΅ΧΧ Χ¨Φ°ΧΧΦΌΧΦ΄ΧΧ ΧΦΈΧΦΉΧ ΧΦΌΦ·Χ§ΦΌΦΈΧΦΈΧ β ΧΦΈΧ.
The Gemara asks: If so, what is the reason of Rabbi Yehuda for prohibiting these marriages? Rabbi Yehuda should also permit an Ammonite convert to marry a mamzeret, as an Ammonite is not fit to enter the congregation. The Gemara answers: This is what the tanna is saying: Although Rabbi Yehuda generally prohibits a convert from marrying a mamzeret, this matter applies only to a regular convert, who is fit to enter into the congregation. But a male Ammonite convert and a male Moabite convert, who are not fit to enter into the congregation, are not prohibited from marrying a mamzeret, and there is no dispute between Rabbi Yehuda and the first tanna.
ΧͺΦΌΦΈΧ ΧΦΌ Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ: ΧΦΌΦΆΧ ΧͺΦΌΦ΅Χ©ΧΦ·Χ’ Χ©ΧΦΈΧ Φ΄ΧΧ ΧΦ°ΧΧΦΉΧ ΧΦΆΧΦΈΧ ΧΦΌΦ΅Χ¨ Χ’Φ·ΧΦΌΧΦΉΧ Φ΄Χ ΧΦΌΧΧΦΉΧΦΈΧΦ΄Χ, ΧΦ΄Χ¦Φ°Χ¨Φ΄Χ ΧΦ·ΧΦ²ΧΧΦΉΧΦ΄Χ, ΧΦΌΧΦΌΧͺΦ΄Χ ΧΦ°Χ ΦΈΧͺΦ΄ΧΧ, ΧΦΈΧΦΈΧ ΧΦΌΧΦ·ΧΦ°ΧΦ΅Χ¨ Χ©ΧΦΆΧΦΌΦΈΧΧΦΌ Χ’Φ·Χ ΧΦ·ΧΦΌΦΉΧΦΆΧ ΦΆΧͺ ΧΦ°Χ’Φ·Χ ΧΦ·ΧΦ°ΧΦ΄ΧΦΌΦΈΧ ΧΦ°Χ’Φ·Χ ΧΦΌΦ·Χͺ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ β [Χ€ΦΌΦ°Χ‘ΦΈΧΧΦΌΧΦΈ]. Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧ‘Φ΅Χ ΧΧΦΉΧΦ΅Χ¨: ΧΦΌΦΉΧ Χ©ΧΦΆΧΦΌΦ·Χ¨Φ°Χ’ΧΦΉ Χ€ΦΌΦΈΧ‘ΧΦΌΧ β Χ€ΦΌΧΦΉΧ‘Φ΅Χ, ΧΦ°ΧΦΉΧ Χ©ΧΦΆΧΦ΅ΧΧ ΧΦ·Χ¨Φ°Χ’ΧΦΉ Χ€ΦΌΦΈΧ‘ΧΦΌΧ β ΧΦ΅ΧΧ ΧΦΉ Χ€ΦΌΧΦΉΧ‘Φ΅Χ. Χ¨Φ·ΧΦΌΦΈΧ Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦΌΦΆΧ ΧΦΌΦ·ΧΦ°ΧΦ΄ΧΧΦ΅Χ ΧΧΦΉΧΦ΅Χ¨:
The Sages taught (Tosefta, Yevamot 8:1): A boy nine years and one day old, whose sexual intercourse is considered an act of intercourse with regard to sexual transgressions, who was an Ammonite or Moabite convert, or an Egyptian or Edomite convert, or a Samaritan, or a Gibeonite, a αΈ₯alal, or a mamzer, and who engaged in sexual intercourse with the daughter of a priest, or the daughter of a Levite, or an Israelite woman, has thereby disqualified her from the priesthood. Rabbi Yosei says: Anyone whose offspring is unfit to marry a priest disqualifies a woman with whom he engages in intercourse from marrying a priest; and anyone whose offspring is not unfit does not disqualify her. Rabban Shimon ben Gamliel says: