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Today's Daf Yomi

April 21, 2022 | 讻壮 讘谞讬住谉 转砖驻状讘

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

  • Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. "They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren".

Yevamot 45

Today’s daf is dedicated by Deborah Hoffman-Wade “in grateful appreciation for my 90-year-old mother, Geraldine Hoffman, who gave birth to me 69 years ago today. She continues to be a blessing!”

What is the status of a child born to a non-Jewish father or Canaanite slave and Jewish mother? Is the child a mamzer? Is the child not a mamzer, but disqualified from marrying a kohen? There were different opinions regarding this issue. Rabbi Yochanan said that all agree that the child is a mamzer. To who is he referring when he said “all agree”? First the Gemara suggests Rabbi Shimon Hatimni. But after a question was raised, Rav Yosef explains that it is Rabbi Yehuda Hanasi who ruled that the child is a mamzer. Rabbi Yehoshua ben Levi who permitted this child, held that the child could not marry a kohen. Abaye challenges Rav Yosef by bringing a different tradition regarding Rabbi Yehuda Hanasi in which he rules leniently. A case was brought regarding a female captive who was pregnant. Rabbi Ami wanted to declare the child a mamzer based on the opinions of Rabbi Yochanan, Rabbi Elazar and Rabbi Chanina, but Rav Yosef countered him by saying: If you are holding that way because you have a lot of rabbis who say that, I can provide a longer list of rabbis who disagree – Rav and Shmuel in Babylonia and聽 Rabbi Yehoshua ben Levi and Bar Kapara in Israel. However, Rav Yosef corrected Rabbi Ami by saying we rule the child is a mamzer because Rabbi Yehuda Hanasi ruled that way. Even though Rav did permit such a child to marry a Jew, a certain person (who was born from a non-Jewish father came before Rav and after hearing Rav’s ruling to permit, he asked to marry Rav’s daughter. But Rav would not agree to this. Rav was criticized for this as he was not willing to act on his word; however, Rav stood strong and explained why he was unwilling. Rav got upset at the one who asked him the question and caused his death. If someone is a half slave/half free man and has a child with a Jewish woman, what is the status of the child? This question was asked to Raba and he answered that the child is not a mamzer. Rav Yosef questioned this by stating that it must be based on Rav Yehuda who rules that a child of a slave and a Jewish woman is not a mamzer, but Rav Yehuda said elsewhere that the child of a half slave/half free man has no solution (meaning, the child is a mamzer). How can the contradiction be resolved? If a slave/gentile has relations with a married woman, is it treated like a married woman (i.e. child is a mamzer) or is there no issue of “married woman” status in relations with a gentile/slave? This is a subject of debate among different rabbis. Rava permitted Rav Meri the son of Rachel and a gentile (who later converted) to be an official in Babylonia as he considered him fully Jewish as it follows the mother. A gentile woman immersed in the mikveh by the slave of Rabbi Chiya bar Ami for purposes of nidda, but Rav Yosef said that it can count for her conversion as well. A few other similar cases are brought.

诪讞讬讬讘讬 诇讗讜讬谉 讚转驻住讬 讘讛讜 拽讚讜砖讬谉 讗讘诇 讛讻讗 讙讜讬 讜注讘讚 讻讬讜谉 讚诇讗 转驻住讬 讘讛讜 拽讚讜砖讬谉 讻讞讬讬讘讬 讻专讬转讜转 讚诪讬

to forbidden relations for which one is liable for violation of a prohibition concerning which a betrothal between the couple would take effect. However, here, with regard to a gentile and a slave, since their betrothal of a Jewish woman would not take effect, a union with them is comparable to forbidden relations for which one is liable to receive karet, and therefore the offspring of such a union will be a mamzer.

诪讬转讬讘讬 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 诪诪讝专 专讘讬 砖诪注讜谉 讘谉 讬讛讜讚讛 讗讜诪专 讗讬谉 诪诪讝专 讗诇讗 诪诪讬 砖讗讬住讜专讜 讗讬住讜专 注专讜讛 讜注谞讜砖 讻专转

The Gemara raises an objection from a baraita: In the case of a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring born from such a union is a mamzer. Rabbi Shimon ben Yehuda says: The offspring is a mamzer only if born from relations with one who is forbidden by a prohibition of forbidden relations that are punishable by karet. It is apparent from the baraita that one who holds, as does Shimon HaTimni, that only the offspring from forbidden relations for which one is liable to receive karet is a mamzer, nevertheless holds that the offspring of a slave or gentile and a Jewish woman is not a mamzer.

讗诇讗 讗诪专 专讘 讬讜住祝 诪讗谉 讛讻诇 诪讜讚讬诐 专讘讬 讗祝 注诇 讙讘 讚专讘讬 讗讜诪专 讗讬谉 讛讚讘专讬诐 讛诇诇讜 讗诪讜专讬诐 讗诇讗 诇讚讘专讬 专讘讬 注拽讬讘讗 砖讛讬讛 注讜砖讛 讞诇讜爪讛 讻注专讜讛 讜诇讬讛 诇讗 住讘讬专讗 诇讬讛 讘讙讜讬 讜注讘讚 诪讜讚讛 讚讻讬 讗转讗 专讘 讚讬诪讬 讗诪专 专讘 讬爪讞拽 讘专 讗讘讜讚讬诪讬 诪砖讜诐 专讘讬谞讜 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 诪诪讝专

Rather, Rav Yosef said: Who is included by saying: All agree? It is Rabbi Yehuda HaNasi, as although Rabbi Yehuda HaNasi says in a baraita (52b) concerning the mishna (50a鈥51b) that states that a levirate betrothal between a yavam and a yevama with whom he had already performed 岣litza is ineffective: This statement was said only according to the statement of Rabbi Akiva, as he would consider a 岣lutza like a forbidden relative such that if the yavam betrothed her it would not take effect. And although Rabbi Yehuda HaNasi himself does not hold accordingly with regard to that issue, with regard to the offspring of a union with a gentile or a slave he concedes that the offspring is a mamzer. As, when Rav Dimi came from Eretz Yisrael, he said that Rav Yitz岣k bar Avudimi said in the name of our Master, i.e., Rabbi Yehuda HaNasi: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring is a mamzer.

专讘讬 讗讞讗 砖专 讛讘讬专讛 讜专讘讬 转谞讞讜诐 讘专讬讛 讚专讘讬 讞讬讬讗 讗讬砖 讻驻专 注讻讜 驻专讜拽 讛谞讛讜 砖讘讜讬讬转讗 讚讗转讜 诪讗专诪讜谉 诇讟讘专讬讗 讛讜讛 讞讚讗 讚讗注讘专讗 诪讙讜讬 讜讗转讜 诇拽诪讬讛 讚专讘讬 讗诪讬 讗诪专 诇讛讜 专讘讬 讬讜讞谞谉 讜专讘讬 讗诇注讝专 讜专讘讬 讞谞讬谞讗 讚讗诪专讬 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 诪诪讝专

The Gemara cites a related incident: Rabbi A岣, lord of the capital, and Rabbi Tan岣m, son of Rabbi 岣yya, the man of Akko village, redeemed those captives who came from Armon to Tiberias. One of them had been impregnated by a gentile, and they came before Rabbi Ami to ask what the offspring鈥檚 status would be when born. He said to them that Rabbi Yo岣nan and Rabbi Elazar and Rabbi 岣nina all say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring is a mamzer.

讗诪专 专讘 讬讜住祝 专讘讜转讗 诇诪讞砖讘 讙讘专讬 讛讗 专讘 讜砖诪讜讗诇 讘讘讘诇 讜专讘讬 讬讛讜砖注 讘谉 诇讜讬 讜讘专 拽驻专讗 讘讗专抓 讬砖专讗诇 讜讗诪专讬 诇讛 讞诇讜驻讬 讘专 拽驻专讗 讜注讬讬诇讬 讝拽谞讬 讚专讜诐 讚讗诪专讬 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 讻砖专

Upon hearing this, Rav Yosef said: Is it so great to enumerate men? The fact that several great Sages held this opinion does not prove that their opinion is the accepted halakha. But there are Rav and Shmuel in Babylonia, and Rabbi Yehoshua ben Levi and bar Kappara in Eretz Yisrael, and some say to remove bar Kappara from this list and insert instead the Elders of the South, who all say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the lineage of the offspring is unflawed, and he or she may marry into the congregation of Israel.

讗诇讗 讗诪专 专讘 讬讜住祝 专讘讬 讛讬讗 讚讻讬 讗转讗 专讘 讚讬诪讬 讗诪专 专讘讬 讬爪讞拽 讘专 讗讘讜讚讬诪讬 诪砖讜诐 专讘讬谞讜 讗诪专讜 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 诪诪讝专

Rather, Rav Yosef said the halakha is in fact that the offspring is a mamzer because this is Rabbi Yehuda HaNasi鈥檚 opinion, as when Rav Dimi came from Eretz Yisrael he said that Rav Yitz岣k bar Avudimi said in the name of our Master, i.e., Rabbi Yehuda HaNasi, that they say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring is a mamzer.

专讘讬 讬讛讜砖注 讘谉 诇讜讬 讗讜诪专 讛讜诇讚 诪拽讜诇拽诇 诇诪讗谉 讗讬诇讬诪讗 诇拽讛诇 讛讗 讗诪专 专讘讬 讬讛讜砖注 讛讜诇讚 讻砖专 讗诇讗 诇讻讛讜谞讛 讚讻讜诇讛讜 讗诪讜专讗讬 讚诪讻砖专讬 诪讜讚讜 砖讛讜诇讚 驻讙讜诐 诇讻讛讜谞讛

Rabbi Yehoshua ben Levi says: The lineage of the offspring is sullied, and if the child is a girl she is restricted in whom she may marry. The Gemara asks: To whom is she prohibited from marrying? If we say it is to the congregation of Israel, but didn鈥檛 Rabbi Yehoshua himself say that the lineage of the offspring is unflawed and he or she may marry into the congregation of Israel? Rather, the offspring is prohibited to marry into the priesthood, as all of the amora鈥檌m who render the offspring fit to enter the congregation of Israel agree that the offspring has flawed lineage and is forbidden to marry into the priesthood.

诪拽诇 讜讞讜诪专 诪讗诇诪谞讛 诪讛 讗诇诪谞讛 诇讻讛谉 讙讚讜诇 砖讗讬谉 讗讬住讜专讛 砖讜讛 讘讻诇 讘谞讛 驻讙讜诐 讝讜 砖讗讬住讜专讛 砖讜讛 讘讻诇 讗讬谞讜 讚讬谉 砖讘谞讛 驻讙讜诐

This is derived from an a fortiori inference from the halakha of a widow, as follows: Just as in the case of a widow who is married to a High Priest, where the prohibition that pertains to her is not equally applicable to all Jews, i.e., only a High Priest is prohibited from marrying a widow, and nevertheless her child from that union will have flawed lineage, then so too with regard to this woman who engaged in relations with a gentile or slave, where the prohibition that pertains to her is equally applicable to all Jews, isn鈥檛 it logical that her child from that union will have flawed lineage?

诪讛 诇讗诇诪谞讛 诇讻讛谉 讙讚讜诇 砖讻谉 讛讬讗 注爪诪讛 诪转讞诇诇转 讛讻讗 谞诪讬 讻讬讜谉 砖谞讘注诇讛 驻住诇讛

And if one would say that the logic of this a fortiori inference could be refuted by claiming that what is true with regard to a widow who is married to a High Priest, where her union with him is what makes her herself disqualified from subsequently marrying any priest and, if she is the daughter of a priest, from eating teruma, is not true with regard to the prohibition against a Jewish woman engaging in relations with a gentile or a slave. This is not correct, because here, too, once he has engaged in intercourse with her, he thereby renders her unfit to marry into the priesthood.

讚讗诪专 专讘讬 讬讜讞谞谉 诪砖讜诐 专讘讬 砖诪注讜谉 诪谞讬谉 诇讙讜讬 讜注讘讚 讛讘讗 注诇 讛讻讛谞转 讜注诇 讛诇讜讬讛 讜注诇 讛讬砖专讗诇讬转 砖驻住诇讜讛 砖谞讗诪专 讜讘转 讻讛谉 讻讬 转讛讬讛 讗诇诪谞讛 讜讙专讜砖讛 诪讬 砖讬砖 诇讜 讗诇诪谞讜转 讜讙讬专讜砖讬谉 讘讛 讬爪讗讜 讙讜讬 讜注讘讚 砖讗讬谉 诇讛诐 讗诇诪谞讜转 讜讙讬专讜砖讬谉 讘讛

As Rabbi Yo岣nan said in the name of Rabbi Shimon: From where is it derived with regard to a gentile or a slave who engaged in intercourse with a daughter of a priest or with a female Levite or with a female Israelite that they thereby render her unfit to marry into the priesthood? As it is stated: 鈥淏ut a priest鈥檚 daughter when she will become a widow, or a divorc茅e, and have no child, she returns to her father鈥檚 house as in her youth鈥 (Leviticus 22:13). The verse indicates that she returns to her father鈥檚 house and enjoys the rights of the priesthood only in a case where she engaged in intercourse with one to whom widowhood and divorce can apply, i.e., one with whom her marriage would be valid and would be broken only through death or divorce. Excluded from this is a union with a gentile or a slave, to whom neither widowhood nor divorce can apply, as no marriage bond can be formed with them.

讗诪专 诇讬讛 讗讘讬讬 诪讗讬 讞讝讬转 讚住诪讻转 讗讚专讘 讚讬诪讬 住诪讜讱 讗讚专讘讬谉 讚讻讬 讗转讗 专讘讬谉 讗诪专 专讘讬 谞转谉 讜专讘讬 讬讛讜讚讛 讛谞砖讬讗 诪讜专讬诐 讘讛 诇讛讬转讬专讗 讜诪讗谉 专讘讬 讬讛讜讚讛 讛谞砖讬讗 专讘讬

Abaye said to Rav Yosef: What did you see that you rely upon Rav Dimi and his tradition that Rabbi Yehuda HaNasi holds that the offspring of a gentile or a slave and a Jewish woman is a mamzer? Rely instead upon Ravin, as when Ravin came from Eretz Yisrael he said that Rabbi Natan and Rabbi Yehuda HaNasi both rule that the offspring is permitted to marry into the congregation of Israel. And who is the Rabbi Yehuda HaNasi referred to in Ravin鈥檚 report? It is the one who is simply referred to as Rabbi, the redactor of the Mishna, whose opinion is accepted as the halakha.

讜讗祝 专讘 诪讜专讛 讘讛 讛讬转讬专讗 讚讛讛讜讗 讚讗转讗 诇拽诪讬讛 讚专讘 讗诪专 诇讬讛 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 诪讛讜

The Gemara notes: And even Rav rules that the offspring is permitted, as is evident from an incident involving a certain individual who came before Rav and said to him: With regard to the offspring of a gentile or a slave who engaged in intercourse with a Jewish woman, what is its halakhic status?

讗诪专 诇讜 讛讜诇讚 讻砖专 讗诪专 诇讬讛 讛讘 诇讬 讘专转讱 诇讗 讬讛讬讘谞讗 诇讱

Rav said to him: The lineage of the offspring is unflawed. The individual who asked the question was himself such a child, and he said to Rav: If so, give me your daughter in marriage. He said to him: I will not give her to you.

讗诪专 砖讬诪讬 讘专 讞讬讬讗 诇专讘 讗诪专讬 讗讬谞砖讬 讙诪诇讗 讘诪讚讬 讗拽讘讗 专拽讚讗 讛讗 拽讘讗 讜讛讗 讙诪诇讗 讜讛讗 诪讚讬 讜诇讗 专拽讚讗

Shimi bar 岣yya, Rav鈥檚 grandson, said to Rav: People often say that a camel in Medes can dance upon a small space that holds only a single kav of produce. However, clearly that is an exaggeration, since if one would go to Medes one could demonstrate that this is a space that holds a kav, and this is a camel, and this is Medes, and yet the camel is not dancing, i.e., the truth of a statement becomes apparent when it is put to the test. So too, it would appear that you do not truly believe in your ruling because when put to the test, you are unwilling to rely on it.

讗诪专 诇讬讛 讗讬 谞讬讛讜讬 讻讬讛讜砖注 讘谉 谞讜谉 诇讗 讬讛讬讘谞讗 诇讬讛 讘专转讬 讗诪专 诇讬讛 讗讬 讛讜讛 讻讬讛讜砖注 讘谉 谞讜谉 讗讬 诪专 诇讗 讬讛讬讘 诇讬讛 讗讞专讬谞讬 讬讛讘讬 诇讬讛 讛讗讬 讗讬 诪专 诇讗 讬讛讬讘 诇讬讛 讗讞专讬谞讬 诇讗 讬讛讘讬 诇讬讛

He said to him: Even if he were as great as Joshua, son of Nun, I would not give him my daughter in marriage. My refusal to give her to him in marriage is not that I do not stand by my ruling; it is for other reasons. He said to him: If he were as great as Joshua, son of Nun, then even if the Master would not give him his daughter, others would still give him their daughters. However, with regard to this man, if the Master does not give him his daughter, others will not give him their daughters either out of fear of damaging the family lineage. Nevertheless, Rav remained unwilling to give his daughter to that individual.

诇讗 讛讜讛 拽讗讝讬诇 诪拽诪讬讛 讬讛讬讘 讘讬讛 注讬谞讬讛 讜砖讻讬讘

That individual would not go from standing before Rav and continued to plead with him. Rav placed his eyes upon him and he died.

讜讗祝 专讘 诪转谞讛 诪讜专讛 讘讛 诇讛讬转讬专讗 讜讗祝 专讘 讬讛讜讚讛 诪讜专讛 讘讛 诇讛讬转讬专讗 讚讻讬 讗转讗 诇拽诪讬讛 讚专讘 讬讛讜讚讛 讗诪专 诇讬讛 讝讬诇 讗讬讟诪专 讗讜 谞住讬讘 讘转 诪讬谞讱 讜讻讬 讗转讗 诇拽诪讬讛 讚专讘讗 讗诪专 诇讬讛 讗讜 讙诇讬 讗讜 谞住讬讘 讘转 诪讬谞讱

The Gemara adds: And even Rav Mattana rules that the offspring is permitted, and even Rav Yehuda rules that the offspring is permitted, as is evident from the fact that when a child of a gentile or slave and a Jewish woman came before Rav Yehuda, he said to him: Go and conceal your paternal lineage so that people will not refrain from giving you their daughters in marriage, as it is permitted for you to marry into the congregation of Israel, or otherwise, marry a woman of your own kind, i.e., a woman of similar lineage. And similarly, when such a person came before Rava, he said to him: Either go into exile to a place where your lineage is unknown, so that others will give you their daughters in marriage, or marry a woman of your own kind.

砖诇讞讜 诇讬讛 讘谞讬 讘讬 诪讬讻住讬 诇专讘讛 诪讬 砖讞爪讬讜 注讘讚 讜讞爪讬讜 讘谉 讞讜专讬谉 讛讘讗 注诇 讘转 讬砖专讗诇 诪讛讜 讗诪专 诇讛讜 讛砖转讗 注讘讚 讻讜诇讜 讗诪专讬谞谉 讻砖专 讞爪讬讜 诪讬讘注讬讗

The residents of Bei Mikhsei sent the following question to Rabba: With regard to the offspring of one who is a half-slave half-freeman, who engaged in intercourse with a Jewish woman, what is its halakhic status? He said to them: Now that with regard to the offspring of a full slave we say that his lineage is unflawed, is it necessary to ask about a half-slave?

讗诪专 专讘 讬讜住祝 诪专讗 讚砖诪注转讗

Rav Yosef said: The Master who is responsible for dissemination of this halakha that the offspring of a slave and a Jewish woman is not a mamzer,

诪谞讜 专讘 讬讛讜讚讛 讜讛讗 讗诪专 专讘 讬讛讜讚讛 诪讬 砖讞爪讬讜 注讘讚 讜讞爪讬讜 讘谉 讞讜专讬谉 讛讘讗 注诇 讘转 讬砖专讗诇 讗讜转讜 讜诇讚 讗讬谉 诇讜 转拽谞讛

who is he? He is Rav Yehuda, as the Gemara cited above. But didn鈥檛 Rav Yehuda himself say: With regard to one who is a half-slave half-freeman who engaged in intercourse with a Jewish woman, that offspring of that union has no recourse to be able to marry? It is apparent, then, that even one who permits the offspring of a slave to marry into the congregation of Israel does not permit the offspring of a half-slave to do so, contrary to Rava鈥檚 assertion.

讻讬 讗讬转诪专 讚专讘 讬讛讜讚讛 讻讙讜谉 讚拽讚讬砖 讘转 讬砖专讗诇 讚谞诪爪讗 爪讚 注讘讚讜转 砖讘讜 诪砖转诪砖 讘讗砖转 讗讬砖

The Gemara resolves the difficulty: When this ruling of Rav Yehuda was stated, it was referring to a case where the half-slave betrothed a Jewish woman. Since a slave鈥檚 betrothal does not take effect, the result of that betrothal is that the woman is married to only the free half of the half-slave half-freeman, such that it emerges that when he has relations with her, the slave side of him is engaging in relations with a married woman to whom that side of him is not married, and so the offspring of that union is a mamzer.

讜讛讗诪专讬 谞讛专讚注讬 诪砖诪讬讛 讚专讘讬 讬注拽讘 诇讚讘专讬 讛驻讜住诇 驻讜住诇 讗驻讬诇讜 讘驻谞讜讬讛 诇讚讘专讬 讛诪讻砖讬专 诪讻砖讬专 讗驻讬诇讜 讘讗砖转 讗讬砖

The Gemara raises an objection: But didn鈥檛 the Sages of Neharde鈥檃 say in the name of Rabbi Ya鈥檃kov: According to the statement of the one who renders the child of a gentile or slave and a Jewish woman unfit to marry into the congregation of Israel, he renders the child unfit even when the mother is an unmarried woman. And according to the statement of the one who renders the child fit, he renders the child fit even when the mother is a married woman.

讜砖谞讬讛诐 诇讗 诇诪讚讜讛 讗诇讗 诪讗砖转 讗讘 诪讗谉 讚驻住讬诇 住讘专 诪讛 讗砖转 讗讘 讚诇讗 转驻住讬 讘讛 拽讚讜砖讬谉 [讛讜诇讚 诪诪讝专] 讗祝 讻诇 讚诇讗 转驻住讬 讘讛 拽讚讜砖讬谉 讛讜诇讚 诪诪讝专

And both of them derived their opinions only from the halakha of one鈥檚 father鈥檚 wife, as follows: The one who renders the child unfit holds that just as with regard to one鈥檚 father鈥檚 wife, one鈥檚 betrothal of her does not take effect even after she is widowed or divorced, and so the offspring of such a union is a mamzer, so too, with regard to any one for whom betrothal of her does not take effect, including a gentile or a slave, the offspring is a mamzer.

讜诪讗谉 讚诪讻砖专 住讘专 诪讛 讗砖转 讗讘 讚诇讚讬讚讬讛 诇讗 转驻住讬 讘讛 拽讚讜砖讬谉 诇讗讞专讬谞讬 转驻住讬 讘讛 拽讚讜砖讬谉 诇讗驻讜拽讬 讙讜讬 讜注讘讚 讚诇讗 转驻住讬 讘讛讜 拽讚讜砖讬谉 讻诇诇

And the one who renders the child fit holds that the derivation from the halakha of one鈥檚 father鈥檚 wife is more limited, and it is derived that the offspring is a mamzer only in a case just like one鈥檚 father鈥檚 wife, in that although his betrothal of her does not take effect, with someone else his betrothal of her does take effect. This is to the exclusion of a gentile and a slave, for whom betrothal of any Jewish woman does not take effect at all, and so the offspring of such a union will not be a mamzer. It is apparent from this statement of the Sages of Neharde鈥檃 that according to the lenient opinion, the offspring of a slave is never a mamzer, irrespective of the marital status of the Jewish woman. Therefore, the Gemara鈥檚 resolution is undermined.

讗诇讗 讻讬 讗讬转诪专 讚专讘 讬讛讜讚讛 讻讙讜谉 砖讘讗 注诇 讗砖转 讗讬砖 讜谞诪爪讗 爪讚 讞讬专讜转 砖讘讜 诪砖转诪砖 讘讗砖转 讗讬砖

The Gemara offers a different resolution: Rather, when this statement of Rav Yehuda was stated, it was referring to a case where the half-slave half-freeman engaged in intercourse with a married woman who was married to someone else, and it therefore emerges that although the woman鈥檚 union with the slave side of him will not render the offspring a mamzer, the free side of him is engaging in relations with a married woman to whom he is not married, and due to that side of him the offspring is a mamzer.

讗诪专 专讘讬谞讗 讗诪专 诇讬 专讘 讙讝讗 讗讬拽诇注 专讘讬 讬讜住讬 讘专 讗讘讬谉 诇讗转专讬谉 讜讛讜讛 注讜讘讚讗 讘驻谞讜讬讛 讜讗讻砖专 讘讗砖转 讗讬砖 讜驻住讬诇 讗诪专 专讘 砖砖转 诇讚讬讚讬 讗诪专 诇讬 专讘 讙讝讗 诇讗 专讘讬 讬讜住讬 讘专 讗讘讬谉 讛讜讛 讗诇讗 专讘讬 讬讜住讬 讘专讘讬 讝讘讬讚讗 讛讜讛 讜讗讻砖专 讘讬谉 讘驻谞讜讬讛 讘讬谉 讘讗砖转 讗讬砖 讗诪专 诇讬讛 专讘 讗讞讗 讘专讬讛 讚专讘讛 诇专讘讬谞讗 讗讬拽诇注 讗诪讬诪专 诇讗转专讬谉 讜讗讻砖专 讘讬谉 讘驻谞讜讬讛 讘讬谉 讘讗砖转 讗讬砖

Ravina said: Rav Gazza said to me that Rabbi Yosei bar Avin once happened to come to our place, and there was an incident involving an unmarried woman who had engaged in intercourse with a slave, and Rabbi Yosei bar Avin rendered her offspring fit to marry into the congregation of Israel. And there was another incident involving a married woman who had engaged in intercourse with a slave, and he rendered her offspring unfit to marry into the congregation of Israel by ruling the offspring was a mamzeret. Rav Sheshet said: Rav Gazza told me that it was not Rabbi Yosei bar Avin; rather, it was Rabbi Yosei, son of Rabbi Zevida, and he rendered the offspring fit both in the case of an unmarried woman and in the case of a married woman. Rav A岣, son of Rabba, said to Ravina: Ameimar once happened to come to our place and rendered the offspring fit both in the case of an unmarried woman and in the case of a married woman.

讜讛诇讻转讗 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 讻砖专 讘讬谉 讘驻谞讜讬讛 讘讬谉 讘讗砖转 讗讬砖

The Gemara concludes: And the halakha is that with regard to a gentile or slave who engaged in intercourse with a Jewish woman, the lineage of the offspring is unflawed, whether she was an unmarried or a married woman.

专讘讗 讗讻砖专讬讛 诇专讘 诪专讬 讘专 专讞诇 讜诪谞讬讬讛 讘驻讜专住讬 讚讘讘诇 讜讗祝 注诇 讙讘 讚讗诪专 诪专 砖讜诐 转砖讬诐 注诇讬讱 诪诇讱 讻诇 诪砖讬诪讜转 砖讗转讛 诪砖讬诐 讗诇 讬讛讜 讗诇讗 诪拽专讘 讗讞讬讱 讛讗讬 讻讬讜谉 讚讗诪讜 诪讬砖专讗诇 诪拽专讘 讗讞讬讱 拽专讬谞谉 讘讬讛

The Gemara cites a related halakha: Rava ruled that Rav Mari bar Ra岣l, who was the son of a gentile father and a Jewish mother, was fit to marry into the congregation of Israel, and furthermore he appointed him as one of the officials [pursei] of Babylonia. And although the Master said that from the verse, 鈥淵ou shall place a king over you whom the Lord your God shall chose; from among your brethren shall you place a king over you鈥 (Deuteronomy 17:15) it is derived that not only with regard to the kingship but also with regard to all positions of authority that you appoint, the incumbents may be selected only from among your brethren who share your Jewish lineage. Nevertheless, with regard to this one, i.e., Rav Mari bar Ra岣l, since his mother is of Jewish lineage, we call him 鈥渇rom among your brethren,鈥 and so he is eligible.
搂 A gentile slave purchased by a Jew must be circumcised and then immersed in a ritual bath. By being immersed for the sake of slavery, he takes on the status of a full slave, which, among other things, obligates him to keep certain mitzvot. However, if the slave, or any gentile, is immersed for the sake of conversion, he then becomes a full Jew and fully obligated in mitzvot like any other Jew.

注讘讚讬讛 讚专讘讬 讞讬讬讗 讘专 讗诪讬 讗讟讘诇讛 诇讛讛讬讗 讙讜讬讛 诇砖诐 讗谞转转讗 讗诪专 专讘 讬讜住祝 讬讻讬诇谞讗 诇讗讻砖讜专讬 讘讛 讜讘讘专转讛

The Gemara considers the result of different intentions accompanying an immersion: Rabbi 岣yya bar Ami鈥檚 slave immersed a certain gentile woman for the sake of having intimate relations, i.e., to purify her from her menstrual impurity. Rav Yosef said: I am able to render both her and her daughter fit to marry into the congregation of Israel.

讘讛 讻讚专讘 讗住讬 讚讗诪专 专讘 讗住讬 诪讬 诇讗 讟讘诇讛 诇谞讚讜转讛

With regard to her, I can render her fit in accordance with the opinion of Rav Asi, as Rav Asi said concerning a woman whose status as a convert was unclear but who lived as a part of the Jewish people and acted like all other Jewish women: Didn鈥檛 she immerse for the sake of purifying herself from her menstruation? Therefore, even if the original immersion was invalid, her intention in subsequent immersions was sufficient to be considered for the sake of conversion, since ultimately she immersed as an expression of her commitment to Judaism. She is therefore fully Jewish.

讘讘专转讛 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 讻砖专

And with regard to her daughter, she is the daughter of a gentile or slave who engaged in intercourse with a Jewish woman, and the halakha is that the lineage of the offspring is unflawed.

讛讛讜讗 讚讛讜讜 拽专讜 诇讬讛 讘专 讗专诪讬讬转讗 讗诪专 专讘 讗住讬 诪讬 诇讗 讟讘诇讛 诇谞讚讜转讛 讛讛讜讗 讚讛讜讜 拽专讜 诇讬讛 讘专 讗专诪讗讛 讗诪专 专讘讬 讬讛讜砖注 讘谉 诇讜讬 诪讬 诇讗 讟讘诇 诇拽专讬讜

The Gemara details the circumstances of Rav Asi鈥檚 ruling: There was a certain man whom people would call: Son of the Aramean woman, as they cast aspersions on the validity of his mother鈥檚 conversion. With regard to that case, Rav Asi said: Didn鈥檛 she immerse for the sake of purifying herself from her menstruation? A similar incident is recounted: There was a certain man whom people would call: Son of an Aramean man, as they cast aspersions on the validity of his father鈥檚 conversion. Rabbi Yehoshua ben Levi said: Didn鈥檛 he immerse for the sake of purifying himself from his seminal emission? That intention is sufficient to consider the immersion an immersion for the sake of conversion.

讗诪专 专讘 讞诪讗 讘专 讙讜专讬讗 讗诪专 专讘 讛诇讜拽讞 注讘讚 诪谉 讛讙讜讬 讜拽讚诐 讜讟讘诇 诇砖诐 讘谉 讞讜专讬谉 拽谞讛 注爪诪讜 讘谉 讞讜专讬谉 诪讗讬 讟注诪讗

Rav 岣ma bar Gurya said that Rav said: In the case of a Jew who purchased a slave from a gentile, and before he managed to immerse him for the sake of slavery the slave preempted him and immersed for the sake of conversion to render himself a freeman, he thereby acquired himself and becomes a freeman, i.e., his immersion effects a full conversion and he is no longer a slave. What is the reason for this halakha?

  • This month's learning is dedicated by Debbie and Yossi Gevir to Rabbanit Michelle and the Hadran Zoom group for their kindness, support, and care during a medically challenging year.

  • Masechet Yevamot is sponsored by Ahava Leibtag and family in memory of her grandparents, Leo and Esther Aaron. "They always stressed the importance of a Torah life, mesorah and family. May their memory always be a blessing for their children, grandchildren, great-grandchildren and great-great grandchildren".

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Yevamot 45

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Yevamot 45

诪讞讬讬讘讬 诇讗讜讬谉 讚转驻住讬 讘讛讜 拽讚讜砖讬谉 讗讘诇 讛讻讗 讙讜讬 讜注讘讚 讻讬讜谉 讚诇讗 转驻住讬 讘讛讜 拽讚讜砖讬谉 讻讞讬讬讘讬 讻专讬转讜转 讚诪讬

to forbidden relations for which one is liable for violation of a prohibition concerning which a betrothal between the couple would take effect. However, here, with regard to a gentile and a slave, since their betrothal of a Jewish woman would not take effect, a union with them is comparable to forbidden relations for which one is liable to receive karet, and therefore the offspring of such a union will be a mamzer.

诪讬转讬讘讬 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 诪诪讝专 专讘讬 砖诪注讜谉 讘谉 讬讛讜讚讛 讗讜诪专 讗讬谉 诪诪讝专 讗诇讗 诪诪讬 砖讗讬住讜专讜 讗讬住讜专 注专讜讛 讜注谞讜砖 讻专转

The Gemara raises an objection from a baraita: In the case of a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring born from such a union is a mamzer. Rabbi Shimon ben Yehuda says: The offspring is a mamzer only if born from relations with one who is forbidden by a prohibition of forbidden relations that are punishable by karet. It is apparent from the baraita that one who holds, as does Shimon HaTimni, that only the offspring from forbidden relations for which one is liable to receive karet is a mamzer, nevertheless holds that the offspring of a slave or gentile and a Jewish woman is not a mamzer.

讗诇讗 讗诪专 专讘 讬讜住祝 诪讗谉 讛讻诇 诪讜讚讬诐 专讘讬 讗祝 注诇 讙讘 讚专讘讬 讗讜诪专 讗讬谉 讛讚讘专讬诐 讛诇诇讜 讗诪讜专讬诐 讗诇讗 诇讚讘专讬 专讘讬 注拽讬讘讗 砖讛讬讛 注讜砖讛 讞诇讜爪讛 讻注专讜讛 讜诇讬讛 诇讗 住讘讬专讗 诇讬讛 讘讙讜讬 讜注讘讚 诪讜讚讛 讚讻讬 讗转讗 专讘 讚讬诪讬 讗诪专 专讘 讬爪讞拽 讘专 讗讘讜讚讬诪讬 诪砖讜诐 专讘讬谞讜 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 诪诪讝专

Rather, Rav Yosef said: Who is included by saying: All agree? It is Rabbi Yehuda HaNasi, as although Rabbi Yehuda HaNasi says in a baraita (52b) concerning the mishna (50a鈥51b) that states that a levirate betrothal between a yavam and a yevama with whom he had already performed 岣litza is ineffective: This statement was said only according to the statement of Rabbi Akiva, as he would consider a 岣lutza like a forbidden relative such that if the yavam betrothed her it would not take effect. And although Rabbi Yehuda HaNasi himself does not hold accordingly with regard to that issue, with regard to the offspring of a union with a gentile or a slave he concedes that the offspring is a mamzer. As, when Rav Dimi came from Eretz Yisrael, he said that Rav Yitz岣k bar Avudimi said in the name of our Master, i.e., Rabbi Yehuda HaNasi: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring is a mamzer.

专讘讬 讗讞讗 砖专 讛讘讬专讛 讜专讘讬 转谞讞讜诐 讘专讬讛 讚专讘讬 讞讬讬讗 讗讬砖 讻驻专 注讻讜 驻专讜拽 讛谞讛讜 砖讘讜讬讬转讗 讚讗转讜 诪讗专诪讜谉 诇讟讘专讬讗 讛讜讛 讞讚讗 讚讗注讘专讗 诪讙讜讬 讜讗转讜 诇拽诪讬讛 讚专讘讬 讗诪讬 讗诪专 诇讛讜 专讘讬 讬讜讞谞谉 讜专讘讬 讗诇注讝专 讜专讘讬 讞谞讬谞讗 讚讗诪专讬 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 诪诪讝专

The Gemara cites a related incident: Rabbi A岣, lord of the capital, and Rabbi Tan岣m, son of Rabbi 岣yya, the man of Akko village, redeemed those captives who came from Armon to Tiberias. One of them had been impregnated by a gentile, and they came before Rabbi Ami to ask what the offspring鈥檚 status would be when born. He said to them that Rabbi Yo岣nan and Rabbi Elazar and Rabbi 岣nina all say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring is a mamzer.

讗诪专 专讘 讬讜住祝 专讘讜转讗 诇诪讞砖讘 讙讘专讬 讛讗 专讘 讜砖诪讜讗诇 讘讘讘诇 讜专讘讬 讬讛讜砖注 讘谉 诇讜讬 讜讘专 拽驻专讗 讘讗专抓 讬砖专讗诇 讜讗诪专讬 诇讛 讞诇讜驻讬 讘专 拽驻专讗 讜注讬讬诇讬 讝拽谞讬 讚专讜诐 讚讗诪专讬 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 讻砖专

Upon hearing this, Rav Yosef said: Is it so great to enumerate men? The fact that several great Sages held this opinion does not prove that their opinion is the accepted halakha. But there are Rav and Shmuel in Babylonia, and Rabbi Yehoshua ben Levi and bar Kappara in Eretz Yisrael, and some say to remove bar Kappara from this list and insert instead the Elders of the South, who all say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the lineage of the offspring is unflawed, and he or she may marry into the congregation of Israel.

讗诇讗 讗诪专 专讘 讬讜住祝 专讘讬 讛讬讗 讚讻讬 讗转讗 专讘 讚讬诪讬 讗诪专 专讘讬 讬爪讞拽 讘专 讗讘讜讚讬诪讬 诪砖讜诐 专讘讬谞讜 讗诪专讜 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 诪诪讝专

Rather, Rav Yosef said the halakha is in fact that the offspring is a mamzer because this is Rabbi Yehuda HaNasi鈥檚 opinion, as when Rav Dimi came from Eretz Yisrael he said that Rav Yitz岣k bar Avudimi said in the name of our Master, i.e., Rabbi Yehuda HaNasi, that they say: With regard to a gentile or a slave who engaged in intercourse with a Jewish woman, the offspring is a mamzer.

专讘讬 讬讛讜砖注 讘谉 诇讜讬 讗讜诪专 讛讜诇讚 诪拽讜诇拽诇 诇诪讗谉 讗讬诇讬诪讗 诇拽讛诇 讛讗 讗诪专 专讘讬 讬讛讜砖注 讛讜诇讚 讻砖专 讗诇讗 诇讻讛讜谞讛 讚讻讜诇讛讜 讗诪讜专讗讬 讚诪讻砖专讬 诪讜讚讜 砖讛讜诇讚 驻讙讜诐 诇讻讛讜谞讛

Rabbi Yehoshua ben Levi says: The lineage of the offspring is sullied, and if the child is a girl she is restricted in whom she may marry. The Gemara asks: To whom is she prohibited from marrying? If we say it is to the congregation of Israel, but didn鈥檛 Rabbi Yehoshua himself say that the lineage of the offspring is unflawed and he or she may marry into the congregation of Israel? Rather, the offspring is prohibited to marry into the priesthood, as all of the amora鈥檌m who render the offspring fit to enter the congregation of Israel agree that the offspring has flawed lineage and is forbidden to marry into the priesthood.

诪拽诇 讜讞讜诪专 诪讗诇诪谞讛 诪讛 讗诇诪谞讛 诇讻讛谉 讙讚讜诇 砖讗讬谉 讗讬住讜专讛 砖讜讛 讘讻诇 讘谞讛 驻讙讜诐 讝讜 砖讗讬住讜专讛 砖讜讛 讘讻诇 讗讬谞讜 讚讬谉 砖讘谞讛 驻讙讜诐

This is derived from an a fortiori inference from the halakha of a widow, as follows: Just as in the case of a widow who is married to a High Priest, where the prohibition that pertains to her is not equally applicable to all Jews, i.e., only a High Priest is prohibited from marrying a widow, and nevertheless her child from that union will have flawed lineage, then so too with regard to this woman who engaged in relations with a gentile or slave, where the prohibition that pertains to her is equally applicable to all Jews, isn鈥檛 it logical that her child from that union will have flawed lineage?

诪讛 诇讗诇诪谞讛 诇讻讛谉 讙讚讜诇 砖讻谉 讛讬讗 注爪诪讛 诪转讞诇诇转 讛讻讗 谞诪讬 讻讬讜谉 砖谞讘注诇讛 驻住诇讛

And if one would say that the logic of this a fortiori inference could be refuted by claiming that what is true with regard to a widow who is married to a High Priest, where her union with him is what makes her herself disqualified from subsequently marrying any priest and, if she is the daughter of a priest, from eating teruma, is not true with regard to the prohibition against a Jewish woman engaging in relations with a gentile or a slave. This is not correct, because here, too, once he has engaged in intercourse with her, he thereby renders her unfit to marry into the priesthood.

讚讗诪专 专讘讬 讬讜讞谞谉 诪砖讜诐 专讘讬 砖诪注讜谉 诪谞讬谉 诇讙讜讬 讜注讘讚 讛讘讗 注诇 讛讻讛谞转 讜注诇 讛诇讜讬讛 讜注诇 讛讬砖专讗诇讬转 砖驻住诇讜讛 砖谞讗诪专 讜讘转 讻讛谉 讻讬 转讛讬讛 讗诇诪谞讛 讜讙专讜砖讛 诪讬 砖讬砖 诇讜 讗诇诪谞讜转 讜讙讬专讜砖讬谉 讘讛 讬爪讗讜 讙讜讬 讜注讘讚 砖讗讬谉 诇讛诐 讗诇诪谞讜转 讜讙讬专讜砖讬谉 讘讛

As Rabbi Yo岣nan said in the name of Rabbi Shimon: From where is it derived with regard to a gentile or a slave who engaged in intercourse with a daughter of a priest or with a female Levite or with a female Israelite that they thereby render her unfit to marry into the priesthood? As it is stated: 鈥淏ut a priest鈥檚 daughter when she will become a widow, or a divorc茅e, and have no child, she returns to her father鈥檚 house as in her youth鈥 (Leviticus 22:13). The verse indicates that she returns to her father鈥檚 house and enjoys the rights of the priesthood only in a case where she engaged in intercourse with one to whom widowhood and divorce can apply, i.e., one with whom her marriage would be valid and would be broken only through death or divorce. Excluded from this is a union with a gentile or a slave, to whom neither widowhood nor divorce can apply, as no marriage bond can be formed with them.

讗诪专 诇讬讛 讗讘讬讬 诪讗讬 讞讝讬转 讚住诪讻转 讗讚专讘 讚讬诪讬 住诪讜讱 讗讚专讘讬谉 讚讻讬 讗转讗 专讘讬谉 讗诪专 专讘讬 谞转谉 讜专讘讬 讬讛讜讚讛 讛谞砖讬讗 诪讜专讬诐 讘讛 诇讛讬转讬专讗 讜诪讗谉 专讘讬 讬讛讜讚讛 讛谞砖讬讗 专讘讬

Abaye said to Rav Yosef: What did you see that you rely upon Rav Dimi and his tradition that Rabbi Yehuda HaNasi holds that the offspring of a gentile or a slave and a Jewish woman is a mamzer? Rely instead upon Ravin, as when Ravin came from Eretz Yisrael he said that Rabbi Natan and Rabbi Yehuda HaNasi both rule that the offspring is permitted to marry into the congregation of Israel. And who is the Rabbi Yehuda HaNasi referred to in Ravin鈥檚 report? It is the one who is simply referred to as Rabbi, the redactor of the Mishna, whose opinion is accepted as the halakha.

讜讗祝 专讘 诪讜专讛 讘讛 讛讬转讬专讗 讚讛讛讜讗 讚讗转讗 诇拽诪讬讛 讚专讘 讗诪专 诇讬讛 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 诪讛讜

The Gemara notes: And even Rav rules that the offspring is permitted, as is evident from an incident involving a certain individual who came before Rav and said to him: With regard to the offspring of a gentile or a slave who engaged in intercourse with a Jewish woman, what is its halakhic status?

讗诪专 诇讜 讛讜诇讚 讻砖专 讗诪专 诇讬讛 讛讘 诇讬 讘专转讱 诇讗 讬讛讬讘谞讗 诇讱

Rav said to him: The lineage of the offspring is unflawed. The individual who asked the question was himself such a child, and he said to Rav: If so, give me your daughter in marriage. He said to him: I will not give her to you.

讗诪专 砖讬诪讬 讘专 讞讬讬讗 诇专讘 讗诪专讬 讗讬谞砖讬 讙诪诇讗 讘诪讚讬 讗拽讘讗 专拽讚讗 讛讗 拽讘讗 讜讛讗 讙诪诇讗 讜讛讗 诪讚讬 讜诇讗 专拽讚讗

Shimi bar 岣yya, Rav鈥檚 grandson, said to Rav: People often say that a camel in Medes can dance upon a small space that holds only a single kav of produce. However, clearly that is an exaggeration, since if one would go to Medes one could demonstrate that this is a space that holds a kav, and this is a camel, and this is Medes, and yet the camel is not dancing, i.e., the truth of a statement becomes apparent when it is put to the test. So too, it would appear that you do not truly believe in your ruling because when put to the test, you are unwilling to rely on it.

讗诪专 诇讬讛 讗讬 谞讬讛讜讬 讻讬讛讜砖注 讘谉 谞讜谉 诇讗 讬讛讬讘谞讗 诇讬讛 讘专转讬 讗诪专 诇讬讛 讗讬 讛讜讛 讻讬讛讜砖注 讘谉 谞讜谉 讗讬 诪专 诇讗 讬讛讬讘 诇讬讛 讗讞专讬谞讬 讬讛讘讬 诇讬讛 讛讗讬 讗讬 诪专 诇讗 讬讛讬讘 诇讬讛 讗讞专讬谞讬 诇讗 讬讛讘讬 诇讬讛

He said to him: Even if he were as great as Joshua, son of Nun, I would not give him my daughter in marriage. My refusal to give her to him in marriage is not that I do not stand by my ruling; it is for other reasons. He said to him: If he were as great as Joshua, son of Nun, then even if the Master would not give him his daughter, others would still give him their daughters. However, with regard to this man, if the Master does not give him his daughter, others will not give him their daughters either out of fear of damaging the family lineage. Nevertheless, Rav remained unwilling to give his daughter to that individual.

诇讗 讛讜讛 拽讗讝讬诇 诪拽诪讬讛 讬讛讬讘 讘讬讛 注讬谞讬讛 讜砖讻讬讘

That individual would not go from standing before Rav and continued to plead with him. Rav placed his eyes upon him and he died.

讜讗祝 专讘 诪转谞讛 诪讜专讛 讘讛 诇讛讬转讬专讗 讜讗祝 专讘 讬讛讜讚讛 诪讜专讛 讘讛 诇讛讬转讬专讗 讚讻讬 讗转讗 诇拽诪讬讛 讚专讘 讬讛讜讚讛 讗诪专 诇讬讛 讝讬诇 讗讬讟诪专 讗讜 谞住讬讘 讘转 诪讬谞讱 讜讻讬 讗转讗 诇拽诪讬讛 讚专讘讗 讗诪专 诇讬讛 讗讜 讙诇讬 讗讜 谞住讬讘 讘转 诪讬谞讱

The Gemara adds: And even Rav Mattana rules that the offspring is permitted, and even Rav Yehuda rules that the offspring is permitted, as is evident from the fact that when a child of a gentile or slave and a Jewish woman came before Rav Yehuda, he said to him: Go and conceal your paternal lineage so that people will not refrain from giving you their daughters in marriage, as it is permitted for you to marry into the congregation of Israel, or otherwise, marry a woman of your own kind, i.e., a woman of similar lineage. And similarly, when such a person came before Rava, he said to him: Either go into exile to a place where your lineage is unknown, so that others will give you their daughters in marriage, or marry a woman of your own kind.

砖诇讞讜 诇讬讛 讘谞讬 讘讬 诪讬讻住讬 诇专讘讛 诪讬 砖讞爪讬讜 注讘讚 讜讞爪讬讜 讘谉 讞讜专讬谉 讛讘讗 注诇 讘转 讬砖专讗诇 诪讛讜 讗诪专 诇讛讜 讛砖转讗 注讘讚 讻讜诇讜 讗诪专讬谞谉 讻砖专 讞爪讬讜 诪讬讘注讬讗

The residents of Bei Mikhsei sent the following question to Rabba: With regard to the offspring of one who is a half-slave half-freeman, who engaged in intercourse with a Jewish woman, what is its halakhic status? He said to them: Now that with regard to the offspring of a full slave we say that his lineage is unflawed, is it necessary to ask about a half-slave?

讗诪专 专讘 讬讜住祝 诪专讗 讚砖诪注转讗

Rav Yosef said: The Master who is responsible for dissemination of this halakha that the offspring of a slave and a Jewish woman is not a mamzer,

诪谞讜 专讘 讬讛讜讚讛 讜讛讗 讗诪专 专讘 讬讛讜讚讛 诪讬 砖讞爪讬讜 注讘讚 讜讞爪讬讜 讘谉 讞讜专讬谉 讛讘讗 注诇 讘转 讬砖专讗诇 讗讜转讜 讜诇讚 讗讬谉 诇讜 转拽谞讛

who is he? He is Rav Yehuda, as the Gemara cited above. But didn鈥檛 Rav Yehuda himself say: With regard to one who is a half-slave half-freeman who engaged in intercourse with a Jewish woman, that offspring of that union has no recourse to be able to marry? It is apparent, then, that even one who permits the offspring of a slave to marry into the congregation of Israel does not permit the offspring of a half-slave to do so, contrary to Rava鈥檚 assertion.

讻讬 讗讬转诪专 讚专讘 讬讛讜讚讛 讻讙讜谉 讚拽讚讬砖 讘转 讬砖专讗诇 讚谞诪爪讗 爪讚 注讘讚讜转 砖讘讜 诪砖转诪砖 讘讗砖转 讗讬砖

The Gemara resolves the difficulty: When this ruling of Rav Yehuda was stated, it was referring to a case where the half-slave betrothed a Jewish woman. Since a slave鈥檚 betrothal does not take effect, the result of that betrothal is that the woman is married to only the free half of the half-slave half-freeman, such that it emerges that when he has relations with her, the slave side of him is engaging in relations with a married woman to whom that side of him is not married, and so the offspring of that union is a mamzer.

讜讛讗诪专讬 谞讛专讚注讬 诪砖诪讬讛 讚专讘讬 讬注拽讘 诇讚讘专讬 讛驻讜住诇 驻讜住诇 讗驻讬诇讜 讘驻谞讜讬讛 诇讚讘专讬 讛诪讻砖讬专 诪讻砖讬专 讗驻讬诇讜 讘讗砖转 讗讬砖

The Gemara raises an objection: But didn鈥檛 the Sages of Neharde鈥檃 say in the name of Rabbi Ya鈥檃kov: According to the statement of the one who renders the child of a gentile or slave and a Jewish woman unfit to marry into the congregation of Israel, he renders the child unfit even when the mother is an unmarried woman. And according to the statement of the one who renders the child fit, he renders the child fit even when the mother is a married woman.

讜砖谞讬讛诐 诇讗 诇诪讚讜讛 讗诇讗 诪讗砖转 讗讘 诪讗谉 讚驻住讬诇 住讘专 诪讛 讗砖转 讗讘 讚诇讗 转驻住讬 讘讛 拽讚讜砖讬谉 [讛讜诇讚 诪诪讝专] 讗祝 讻诇 讚诇讗 转驻住讬 讘讛 拽讚讜砖讬谉 讛讜诇讚 诪诪讝专

And both of them derived their opinions only from the halakha of one鈥檚 father鈥檚 wife, as follows: The one who renders the child unfit holds that just as with regard to one鈥檚 father鈥檚 wife, one鈥檚 betrothal of her does not take effect even after she is widowed or divorced, and so the offspring of such a union is a mamzer, so too, with regard to any one for whom betrothal of her does not take effect, including a gentile or a slave, the offspring is a mamzer.

讜诪讗谉 讚诪讻砖专 住讘专 诪讛 讗砖转 讗讘 讚诇讚讬讚讬讛 诇讗 转驻住讬 讘讛 拽讚讜砖讬谉 诇讗讞专讬谞讬 转驻住讬 讘讛 拽讚讜砖讬谉 诇讗驻讜拽讬 讙讜讬 讜注讘讚 讚诇讗 转驻住讬 讘讛讜 拽讚讜砖讬谉 讻诇诇

And the one who renders the child fit holds that the derivation from the halakha of one鈥檚 father鈥檚 wife is more limited, and it is derived that the offspring is a mamzer only in a case just like one鈥檚 father鈥檚 wife, in that although his betrothal of her does not take effect, with someone else his betrothal of her does take effect. This is to the exclusion of a gentile and a slave, for whom betrothal of any Jewish woman does not take effect at all, and so the offspring of such a union will not be a mamzer. It is apparent from this statement of the Sages of Neharde鈥檃 that according to the lenient opinion, the offspring of a slave is never a mamzer, irrespective of the marital status of the Jewish woman. Therefore, the Gemara鈥檚 resolution is undermined.

讗诇讗 讻讬 讗讬转诪专 讚专讘 讬讛讜讚讛 讻讙讜谉 砖讘讗 注诇 讗砖转 讗讬砖 讜谞诪爪讗 爪讚 讞讬专讜转 砖讘讜 诪砖转诪砖 讘讗砖转 讗讬砖

The Gemara offers a different resolution: Rather, when this statement of Rav Yehuda was stated, it was referring to a case where the half-slave half-freeman engaged in intercourse with a married woman who was married to someone else, and it therefore emerges that although the woman鈥檚 union with the slave side of him will not render the offspring a mamzer, the free side of him is engaging in relations with a married woman to whom he is not married, and due to that side of him the offspring is a mamzer.

讗诪专 专讘讬谞讗 讗诪专 诇讬 专讘 讙讝讗 讗讬拽诇注 专讘讬 讬讜住讬 讘专 讗讘讬谉 诇讗转专讬谉 讜讛讜讛 注讜讘讚讗 讘驻谞讜讬讛 讜讗讻砖专 讘讗砖转 讗讬砖 讜驻住讬诇 讗诪专 专讘 砖砖转 诇讚讬讚讬 讗诪专 诇讬 专讘 讙讝讗 诇讗 专讘讬 讬讜住讬 讘专 讗讘讬谉 讛讜讛 讗诇讗 专讘讬 讬讜住讬 讘专讘讬 讝讘讬讚讗 讛讜讛 讜讗讻砖专 讘讬谉 讘驻谞讜讬讛 讘讬谉 讘讗砖转 讗讬砖 讗诪专 诇讬讛 专讘 讗讞讗 讘专讬讛 讚专讘讛 诇专讘讬谞讗 讗讬拽诇注 讗诪讬诪专 诇讗转专讬谉 讜讗讻砖专 讘讬谉 讘驻谞讜讬讛 讘讬谉 讘讗砖转 讗讬砖

Ravina said: Rav Gazza said to me that Rabbi Yosei bar Avin once happened to come to our place, and there was an incident involving an unmarried woman who had engaged in intercourse with a slave, and Rabbi Yosei bar Avin rendered her offspring fit to marry into the congregation of Israel. And there was another incident involving a married woman who had engaged in intercourse with a slave, and he rendered her offspring unfit to marry into the congregation of Israel by ruling the offspring was a mamzeret. Rav Sheshet said: Rav Gazza told me that it was not Rabbi Yosei bar Avin; rather, it was Rabbi Yosei, son of Rabbi Zevida, and he rendered the offspring fit both in the case of an unmarried woman and in the case of a married woman. Rav A岣, son of Rabba, said to Ravina: Ameimar once happened to come to our place and rendered the offspring fit both in the case of an unmarried woman and in the case of a married woman.

讜讛诇讻转讗 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 讻砖专 讘讬谉 讘驻谞讜讬讛 讘讬谉 讘讗砖转 讗讬砖

The Gemara concludes: And the halakha is that with regard to a gentile or slave who engaged in intercourse with a Jewish woman, the lineage of the offspring is unflawed, whether she was an unmarried or a married woman.

专讘讗 讗讻砖专讬讛 诇专讘 诪专讬 讘专 专讞诇 讜诪谞讬讬讛 讘驻讜专住讬 讚讘讘诇 讜讗祝 注诇 讙讘 讚讗诪专 诪专 砖讜诐 转砖讬诐 注诇讬讱 诪诇讱 讻诇 诪砖讬诪讜转 砖讗转讛 诪砖讬诐 讗诇 讬讛讜 讗诇讗 诪拽专讘 讗讞讬讱 讛讗讬 讻讬讜谉 讚讗诪讜 诪讬砖专讗诇 诪拽专讘 讗讞讬讱 拽专讬谞谉 讘讬讛

The Gemara cites a related halakha: Rava ruled that Rav Mari bar Ra岣l, who was the son of a gentile father and a Jewish mother, was fit to marry into the congregation of Israel, and furthermore he appointed him as one of the officials [pursei] of Babylonia. And although the Master said that from the verse, 鈥淵ou shall place a king over you whom the Lord your God shall chose; from among your brethren shall you place a king over you鈥 (Deuteronomy 17:15) it is derived that not only with regard to the kingship but also with regard to all positions of authority that you appoint, the incumbents may be selected only from among your brethren who share your Jewish lineage. Nevertheless, with regard to this one, i.e., Rav Mari bar Ra岣l, since his mother is of Jewish lineage, we call him 鈥渇rom among your brethren,鈥 and so he is eligible.
搂 A gentile slave purchased by a Jew must be circumcised and then immersed in a ritual bath. By being immersed for the sake of slavery, he takes on the status of a full slave, which, among other things, obligates him to keep certain mitzvot. However, if the slave, or any gentile, is immersed for the sake of conversion, he then becomes a full Jew and fully obligated in mitzvot like any other Jew.

注讘讚讬讛 讚专讘讬 讞讬讬讗 讘专 讗诪讬 讗讟讘诇讛 诇讛讛讬讗 讙讜讬讛 诇砖诐 讗谞转转讗 讗诪专 专讘 讬讜住祝 讬讻讬诇谞讗 诇讗讻砖讜专讬 讘讛 讜讘讘专转讛

The Gemara considers the result of different intentions accompanying an immersion: Rabbi 岣yya bar Ami鈥檚 slave immersed a certain gentile woman for the sake of having intimate relations, i.e., to purify her from her menstrual impurity. Rav Yosef said: I am able to render both her and her daughter fit to marry into the congregation of Israel.

讘讛 讻讚专讘 讗住讬 讚讗诪专 专讘 讗住讬 诪讬 诇讗 讟讘诇讛 诇谞讚讜转讛

With regard to her, I can render her fit in accordance with the opinion of Rav Asi, as Rav Asi said concerning a woman whose status as a convert was unclear but who lived as a part of the Jewish people and acted like all other Jewish women: Didn鈥檛 she immerse for the sake of purifying herself from her menstruation? Therefore, even if the original immersion was invalid, her intention in subsequent immersions was sufficient to be considered for the sake of conversion, since ultimately she immersed as an expression of her commitment to Judaism. She is therefore fully Jewish.

讘讘专转讛 讙讜讬 讜注讘讚 讛讘讗 注诇 讘转 讬砖专讗诇 讛讜诇讚 讻砖专

And with regard to her daughter, she is the daughter of a gentile or slave who engaged in intercourse with a Jewish woman, and the halakha is that the lineage of the offspring is unflawed.

讛讛讜讗 讚讛讜讜 拽专讜 诇讬讛 讘专 讗专诪讬讬转讗 讗诪专 专讘 讗住讬 诪讬 诇讗 讟讘诇讛 诇谞讚讜转讛 讛讛讜讗 讚讛讜讜 拽专讜 诇讬讛 讘专 讗专诪讗讛 讗诪专 专讘讬 讬讛讜砖注 讘谉 诇讜讬 诪讬 诇讗 讟讘诇 诇拽专讬讜

The Gemara details the circumstances of Rav Asi鈥檚 ruling: There was a certain man whom people would call: Son of the Aramean woman, as they cast aspersions on the validity of his mother鈥檚 conversion. With regard to that case, Rav Asi said: Didn鈥檛 she immerse for the sake of purifying herself from her menstruation? A similar incident is recounted: There was a certain man whom people would call: Son of an Aramean man, as they cast aspersions on the validity of his father鈥檚 conversion. Rabbi Yehoshua ben Levi said: Didn鈥檛 he immerse for the sake of purifying himself from his seminal emission? That intention is sufficient to consider the immersion an immersion for the sake of conversion.

讗诪专 专讘 讞诪讗 讘专 讙讜专讬讗 讗诪专 专讘 讛诇讜拽讞 注讘讚 诪谉 讛讙讜讬 讜拽讚诐 讜讟讘诇 诇砖诐 讘谉 讞讜专讬谉 拽谞讛 注爪诪讜 讘谉 讞讜专讬谉 诪讗讬 讟注诪讗

Rav 岣ma bar Gurya said that Rav said: In the case of a Jew who purchased a slave from a gentile, and before he managed to immerse him for the sake of slavery the slave preempted him and immersed for the sake of conversion to render himself a freeman, he thereby acquired himself and becomes a freeman, i.e., his immersion effects a full conversion and he is no longer a slave. What is the reason for this halakha?

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