Today's Daf Yomi
May 24, 2022 | כ״ג באייר תשפ״ב
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This month's learning is sponsored by Sami Groff in honor of Shoshana Keats Jaskoll and Chochmat Nashim.
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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 78
Today’s daf is sponsored by Faye Schwartz in loving memory of her mother, Baila bat HaRav Elimelech whose yahrzeit was yesterday. “She instilled in us that it was our responsibility to advocate for those who were unable. Nothing made her prouder than having children whose lives were imbued with the learning and transmission of Torah.“
Rabbi Yehuda held that female Egyptian and Edomite converts were forbidden just as the men were from marrying in the community. This fits well with a different statement of Rabbi Yehuda that converts are considered like “the community of Jews” and therefore can’t marry those who can’t marry within the community, such as mamzerim, and if the female converts were permitted to marry, they would not be able to marry the male Egyptian converts and there would be no third-generation Egyptian converts that are permitted to marry within the community. Why does the verse mention both the words ‘children’ and ‘generations’ (Devarim 23:9)? Why is the word “to them” mentioned twice? Why is the word “to him” also needed in the mamzer verse? Two different versions of Rabbi Yochanan’s opinion are brought regarding the status of a child whose parents are each from different generations of Egyptian converts (first and second) – does the child follow the mother or the father? Two difficulties are raised against the first opinion that holds it follows the father, however, they are resolved. The second opinion is that it follows the mother, as a fetus is considered an extension of the mother’s body. Abaye raises a difficulty on that ruling from a different sugya entirely, but he himself resolves it by saying that there is a unique law here based on the verse. A further question is raised on Abaye’s answer but it too is resolved. Ravin said in the name of Rabbi Yochanan that with nations of the world, we follow the father and if they converted, we go by the more disqualified parent – to what was he referring in each part of this statement? Mamazerim and Netinim are forbidden forever, both males and females, according to the Mishna. Reish Lakish holds that females are only forbidden for the first ten generations based on a gezeira shava from the verses about converts from Amon and Moav. How does he disagree with the Mishna? When Rabbi Eliezer was asked about this, he said that mamzerim are known to die out and would never make it even to a third generation. Why? And how does this match the Mishna that forbade them forever? They distinguish between mamzerim who are known to be mamzerim who can live for generations as all will make sure not to marry them and those whose problematic lineage is not known and will therefore die so that no one will accidentally marry them, which could lead to a huge increase in the number of mamzerim. The background to the story of why the Netinim were forbidden to marry Jews in the time of King David is brought.
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מצרי שני במאי יטהר דלמא דאי עבר ונסיב דאי לא כתיב קרא
how could a second-generation Egyptian convert ever achieve purity, so that it is permitted for his offspring, the third generation, to enter into the congregation? He may marry neither a Jew nor a female Egyptian convert. The Gemara answers: Perhaps it means that if he transgressed and married a convert or a Jewish woman, his seed will be purified. The Gemara rejects this suggestion: A case of: That if, is not written in the verse. In other words, the Bible does not speak of situations that can arise only through the commission of a transgression.
הרי ממזר דאי וכתביה קרא דאי לאיסורא כתב דאי להיתרא לא כתב
The Gemara asks: But isn’t there the halakha of a mamzer, which is a case of that if, as a mamzer is the child of a forbidden union, and yet the verse writes it? The Gemara answers: A case of that if that results in a prohibition, the Torah writes, but a case of that if that leads to an allowance, the Torah does not write. The Torah teaches the halakha of a mamzer, whose very existence is the result of his parents having engaged in forbidden relations, in order to render it prohibited for him to enter into the congregation. However, it would not teach the halakha of a second-generation Egyptian convert who transgressed and married a woman who was forbidden to him, in order to permit his offspring to enter into the congregation.
הרי מחזיר גרושתו דאי להיתרא וכתביה התם משום עיקר איסורא הוא דכתביה
The Gemara raises an objection: But isn’t there the halakha governing one who remarries his divorcée after she had been married to another man? This is a case of that if that leads to an allowance, and yet the Torah writes it. The words “It is an abomination before the Lord” (Deuteronomy 24:4) stated with regard to this case teach that although the woman herself is forbidden to her first husband, if she nevertheless remarried him, their children are fit to enter into the congregation. The Gemara answers: There, the Torah writes that case due to the basic prohibition, i.e., that a man may not remarry his divorced wife after she has been married to another man, and the allowance with regard to their children is learned incidentally.
תנו רבנן אם נאמר בנים למה נאמר דורות ואם נאמר דורות למה נאמר בנים אם נאמר בנים ולא נאמר דורות הייתי אומר בן ראשון ושני אסור שלישי מותר לכך נאמר דורות
The Sages taught in a baraita: The verse states with respect to Egyptian and Edomite converts that “the sons of the third generation that are born to them may enter to them, the congregation of the Lord” (Deuteronomy 23:9). If it is stated “sons” why is it also stated “generation,” and if it is stated “generation” why is it also stated “sons”? One of these terms seems superfluous. The baraita explains: If it had stated only “sons” and not stated “generation,” I would say that the prohibition depends on the number of the son, meaning that the first and second sons of an Egyptian convert are forbidden, whereas the third is permitted. Therefore, it is stated “generation” to indicate that the prohibition depends not on the number of the son but on his generation.
ואם נאמר דורות ולא נאמר בנים הייתי אומר לאותן העומדים על הר סיני לכך נאמר בנים
And conversely, if it had stated only “generation” and not stated “sons,” I would say that the generations are counted from those standing on Mount Sinai, so that any Egyptian born after three generations have passed from the time of the giving of the Torah would be permitted. Therefore, it is stated “sons” to indicate that certain sons are prohibited in later generations as well.
להם מהם מנה להם הלך אחר פסולן
The verse states: “The sons of the third generation that are born to them may enter to them, the congregation of the Lord.” The Sages expounded each of the two instances of the words “to them”: The first mention of “to them” teaches that from them you should count. The count of generations begins with the converts themselves, as they are considered the first generation, and therefore their grandchildren are permitted. The second mention of “to them” teaches that you should follow their disqualification. If a male Egyptian convert married a Jewish woman, or if a female Egyptian convert married a Jewish man, the halakha with regard to the offspring born to them is that although one of the parents is not disqualified from entering into marriage, the status of the child follows the unfit parent, who disqualifies his or her offspring until the third generation.
ואיצטריך למיכתב להם ואיצטריך למיכתב אשר יולדו דאי כתב רחמנא אשר יולדו הוה אמינא מבניהם מנה כתב רחמנא להם ואי כתב רחמנא להם הוה אמינא מצרית מעוברת שנתגיירה היא ובנה חד כתב רחמנא אשר יולדו
The Gemara comments: And it is necessary to write “to them,” and it is also necessary to write “that are born.” As, if the Merciful One had written only “that are born,” I would say that one should count the generations from the converts’ sons. Therefore, the Merciful One writes “to them” to teach that the converts themselves are counted as the first generation. And if the Merciful One had written only “to them,” I would say that in the case of a pregnant Egyptian woman who converted, she and her child, i.e., the fetus, are considered one generation, as the fetus is deemed to be a part of its mother. Therefore, the Merciful One writes “that are born,” to indicate that each birth marks a new generation, and accordingly the fetus is regarded as a second-generation Egyptian convert.
ואיצטריך למיכתב להם הכא ואיצטריך למיכתב לו גבי ממזר
The verse concerning a mamzer states: “A mamzer shall not enter into the congregation of the Lord; even to the tenth generation shall none of his [lo] enter into the congregation of the Lord” (Deuteronomy 23:3). And it is necessary to write “to them” here, with regard to an Egyptian convert, to teach that the child’s status follows the disqualified parent in his case, and it is also necessary to write “to him [lo]” with regard to a mamzer, to teach that a similar halakha applies to a mamzer. In the translation of the verse, lo is translated as: Of his, i.e., of his ilk. However, lo can also be translated as: To him.
דאי כתב רחמנא הכא משום דבא מטיפה פסולה אבל ממזר דבא מטיפה כשרה אימא לא
Lo is written with regard to both the Egyptian and the mamzer, as, if the Merciful One had written it only here, with regard to an Egyptian, one might have said that only in this case does the child’s status follow the disqualified parent, because the Egyptian comes from an unfit drop of semen, that of a gentile. But as for a mamzer, who comes from a fit drop of semen, as his parents were proper Jews despite their grave sin, one might say that there is no room for such stringency. Therefore, the Torah teaches that the same halakha applies to a mamzer.
ואי כתב רחמנא גבי ממזר משום דאין ראוי לבא בקהל לעולם אבל הכא אימא לא צריכא
And conversely, if the Merciful One had written this stringent halakha only with regard to a mamzer, one might have said that this is because he is forever unfit to enter into the congregation, but here, with regard to an Egyptian convert, I might say that this is not the case. Therefore, both verses are necessary.
אמר רבה בר בר חנה אמר רבי יוחנן מצרי שני שנשא מצרית ראשונה בנה שלישי הואי אלמא קסבר בתר דידיה שדינן ליה
Rabba bar bar Ḥana said that Rabbi Yoḥanan said: If a second-generation male Egyptian convert married a first-generation female Egyptian convert, her child is considered a third-generation convert for whom it is permitted to enter the congregation. The Gemara comments: Apparently Rabbi Yoḥanan maintains that we assign the child to him, the father, and not to the mother.
מתיב רב יוסף רבי טרפון אומר יכולין ממזרים ליטהר כיצד ממזר נשא שפחה הולד עבד שחררו נמצא בן חורין אלמא בתר דידה שדינן ליה שאני התם דאמר קרא האשה וילדיה תהיה לאדוניה
Rav Yosef raised an objection from the following mishna (Kiddushin 69a): Rabbi Tarfon says: Mamzerim can purify themselves over the course of the generations. How so? If a mamzer married his non-Jewish maidservant, the child born to them is a slave. If the slave’s master, the mamzer who owns the maidservant, subsequently freed the child, he becomes a free man and is fit to enter into the congregation. Apparently we assign the child to her, the mother, and not to the father, as the child is deemed a slave rather than a mamzer. The Gemara answers: It is different there, in the case of the slave, as the verse states: “The wife and her children shall be her master’s” (Exodus 21:4). The words “her children” indicate that the children born to a non-Jewish maidservant are assigned to her.
מתיב רבא אמר רבי יהודה מנימין גר מצרי היה לי חבר מתלמידי רבי עקיבא ואמר אני מצרי ראשון ונשאתי מצרית ראשונה אשיא לבני מצרית שניה כדי שיהא בן בני ראוי לבא בקהל ואי סלקא דעתך בתריה דידיה שדינן ליה אפילו ראשונה נמי הא אמר ליה רבי יוחנן לתנא תני ראשונה
Rava raised an objection from a previously mentioned baraita: Rabbi Yehuda said: Minyamin, an Egyptian convert, was a friend of mine from among the students of Rabbi Akiva, and he said: Following my conversion I was a first-generation Egyptian convert, and so I married another first-generation Egyptian convert. I will marry off my son, who is a second-generation Egyptian convert, to another second-generation Egyptian convert, so that my grandson will be fit to enter into the congregation. Now, if it enters your mind to say that we assign the child to the father, even if he marries off his son to a first-generation Egyptian convert his grandson should be permitted. The Gemara answers: Didn’t Rabbi Yoḥanan already say to the tanna reciting the baraita: You should teach that Minyamin sought to marry off his son to a first-generation Egyptian convert.
כי אתא רב דימי אמר רבי יוחנן מצרי שני שנשא מצרית ראשונה בנה שני הואי אלמא בתר אימיה שדינן ליה
When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said just the opposite: If a second-generation male Egyptian convert married a first-generation female Egyptian convert, her son is considered a second-generation convert who is prohibited from entering the congregation. Apparently, Rabbi Yoḥanan maintains that we assign the child to the mother and not to the father.
אמר ליה אביי אלא הא דאמר רבי יוחנן הפריש חטאת מעוברת וילדה רצה מתכפר בה רצה מתכפר בולדה
Abaye said to him: But what, then, will you say about that which Rabbi Yoḥanan said: If one set aside a pregnant animal as a sin-offering, and the animal later gave birth to a female, if he wishes he may gain atonement with the mother itself, in which case the young is left to graze until it develops a blemish that renders it unfit for sacrifice, whereupon it is sold and the proceeds are used for a gift offering; and if he wishes he may gain atonement with the animal’s young, and the mother is left to graze until it develops a blemish.
אי אמרת בשלמא עובר לאו ירך אמו הוא הוה ליה כמפריש שתי חטאות לאחריות ואמר רב אושעיא הפריש שתי חטאות לאחריות מתכפר באחת מהן והשניה תרעה
Granted, if you say that a fetus is not considered the thigh, i.e., a part, of its mother but rather a separate creature, despite the fact that it is still attached to her, then an individual in this situation is like one who sets aside two sin-offerings as a guarantee, i.e., one who, owing to his concern that his sin-offering might become lost, sets aside two animals from the outset with the intention of using whichever one he chooses. And Rav Oshaya said with regard to such a case: If one set aside two sin-offerings as a guarantee, so that if one is lost he may gain atonement with the other, he gains atonement with one of them, and the second is left to graze until it develops a blemish and can be redeemed.
אלא אי אמרת עובר ירך אמו הוא הוה ליה ולד חטאת וולד חטאת למיתה אזיל
But if you say that a fetus is considered the thigh of its mother and is regarded as part of her, it is the young of a sin-offering, and the young of a sin-offering goes to its death. Such an animal is not left to graze. Rather, it is put into isolation and caused to die, as it has been sanctified as a sin-offering through its mother but cannot be sacrificed on the altar and used to gain atonement. In summary, it would appear that Rabbi Yoḥanan himself maintains that a fetus is not considered a part of its mother. Why, then, in the case of the Egyptian convert is the child assigned to the mother and not to the father?
אישתיק אמר ליה דלמא שאני התם דכתיב אשר יולדו הכתוב תלאו בלידה אמר ליה קרקפנא חזיתיה לרישך ביני עמודי כי אמר רבי יוחנן להא שמעתא
Rav Dimi was silent, momentarily unable to find an answer. Abaye said to him: Perhaps it is different there, with regard to Egyptian converts, as it is written with regard to them: “The sons of the third generation that are born to them may enter to them, the congregation of the Lord” (Deuteronomy 23:9), indicating that the verse made their prohibition dependent on birth, and therefore the child of Egyptian converts is assigned to the mother. Rav Dimi said to him: Man of great skull, i.e., man of distinction, I saw your head between the pillars of the study hall when Rabbi Yoḥanan taught this halakha. In other words, you grasped the meaning as though you were actually present in the study hall and heard the statement from Rabbi Yoḥanan himself.
טעמא דכתיב אשר יולדו הא בעלמא בתר אבוה שדינן ליה אלא הא דאמר רבא גויה מעוברת שנתגיירה בנה אין צריך טבילה אמאי אין צריך טבילה
The Gemara draws an inference: The reason that the child is assigned to its Egyptian mother is that it is written: “That are born to them.” But generally, with regard to others for whom it is prohibited to enter into the congregation, we assign the child to the father. The Gemara asks: But what about that which Rava said: If a pregnant gentile woman converted, then her son, who was a fetus at the time of the conversion, does not require immersion after he is born. But if the child is not assigned to its mother, why should he not require immersion?
וכי תימא משום דרבי יצחק דאמר רבי יצחק דבר תורה רובו ומקפיד עליו חוצץ רובו שאינו מקפיד עליו אינו חוצץ
And if you would say that this is because of a statement of Rabbi Yitzḥak, there is still a difficulty. As Rabbi Yitzḥak said: By Torah law, if some substance is found on a person’s body during immersion, and it covers the majority of his body, and he is particular and wants the substance removed, only then is it considered an interposition that invalidates immersion in a ritual bath. If, however, the substance covers the majority of his body, but he is not particular about that substance, it is not considered an interposition. Accordingly, it may be argued that although the fetus is covered by its mother, since it is not particular about this necessary covering, the fetus itself is regarded as having undergone valid immersion.
והא אמר רב כהנא לא שנו אלא רובו אבל כולו חוצץ שאני עובר דהיינו רביתיה
However, this is difficult, as didn’t Rav Kahana say that they taught this halakha that if one is not particular about the substance it is not considered an interposition only when the substance covers just a majority of his body; but if it covers all of it, it is considered an interposition by Torah law, even if he is not particular about it. The Gemara answers: A fetus is different, as this is its natural manner of growth. Its mother’s womb cannot be considered an interposition, as it is the fetus’ natural place of development, and therefore the fetus itself is regarded as having undergone immersion.
כי אתא רבינא אמר רבי יוחנן באומות הלך אחר הזכר נתגיירו הלך אחר פגום שבשניהם באומות הלך אחר הזכר כדתניא מנין לאחד מן האומות שבא על הכנענית והוליד בן שאתה רשאי לקנותו בעבד שנאמר וגם מבני התושבים הגרים עמכם מהם תקנו
When Ravina came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: With respect to lineage, among the other nations of the world, i.e., while they are still gentiles, follow the male, but if they married after they converted, follow the more flawed in lineage of the two. The Gemara explains: Among the nations, follow the male, as it is taught in a baraita: From where is it derived that if one from the other nations had relations with a Canaanite woman and had a son from her, you are permitted to purchase him as a slave, and he is not considered a Canaanite who may not be allowed to remain in Eretz Yisrael? As it is stated: “And also from the children of the strangers that dwell among you, of them may you buy, and of their families that are with you, which they have begotten in your land; and they may be your possession” (Leviticus 25:45).
יכול אפילו אחד מן הכנענים שבא על אחת מן האומות והוליד בן שאתה רשאי לקנותו בעבד תלמוד לומר אשר הולידו בארצכם מן הנולדים בארצכם ולא מן הגרים בארצכם:
One might have thought that even if one from the Canaanite nations had relations with a woman from one of the other nations and had a son from her, you are permitted to purchase him as a slave. Therefore, the same verse states: “Which they have begotten in your land,” which indicates that slaves may be bought only from those begotten in your land, i.e., from those whose father was a non-Canaanite and whose mother was a Canaanite. It is the way of women to remain in their own land, and so a child born in Eretz Yisrael was certainly born to a Canaanite mother. But slaves may not be bought from those dwelling in your land. If a child is born to a Canaanite man and a non-Canaanite woman outside of Eretz Yisrael, and that offspring later returns to dwell in Eretz Yisrael, the offspring may not be acquired as a slave, because his lineage follows his father. He is regarded as a Canaanite, who may not be allowed to remain in Eretz Yisrael.
נתגיירו הלך אחר פגום שבשניהם: במאי אילימא במצרי שנשא עמונית מאי פגום שבשניהם אית בה עמוני ולא עמונית אלא בעמוני שנשא מצרית אי זכר הוי שדייה בתר עמוני אי נקבה הוי שדייה בתר מצרית:
It was taught above in the name of Rabbi Yoḥanan that if they married after they converted, follow the more flawed in lineage of the two. The Gemara asks: To what circumstances is this referring? If we say it is referring to a male Egyptian convert who married a female Ammonite convert, what is the meaning of: More flawed in lineage of the two, in this case? The halakha is that an Ammonite man is barred from entering into the congregation, but not an Ammonite woman, and so she is not flawed at all. Rather, it must be referring to a male Ammonite convert who married a female Egyptian convert. If the child is male, assign him to his Ammonite father, so that he is permanently barred from entering the congregation. If it is a female, assign her to her Egyptian mother, so that she is treated like a second-generation Egyptian convert.
מתני׳ ממזרין ונתינין אסורין ואיסורן איסור עולם אחד זכרים ואחד נקבות:
MISHNA: Mamzerim and the Gibeonites who converted to Judaism in the days of Joshua are prohibited from entering into the congregation and marrying a woman who was born Jewish. Their prohibition is eternal, for all generations, and it applies to both males and females.
גמ׳ אמר ריש לקיש ממזרת לאחר עשרה דורות מותרת יליף עשירי עשירי מעמוני ומואבי מה להלן נקבות מותרות אף כאן נקבות מותרות
GEMARA: Reish Lakish said: A mamzeret, a female mamzer, is permitted after ten generations. Why? He derived this halakha by way of a verbal analogy between the word “tenth” stated in relation to an Ammonite and a Moabite in the verse “An Ammonite or a Moabite shall not enter into the congregation of the Lord; even to the tenth generation shall none of them enter into the congregation of the Lord forever” (Deuteronomy 23:4), and the word “tenth” stated in relation to a mamzer in the verse “A mamzer shall not enter into the congregation of the Lord; even to the tenth generation shall none of his enter into the congregation of the Lord” (Deuteronomy 23:3) He explained the analogy as follows: Just as below, with regard to an Ammonite and a Moabite, females are permitted, so too here, with regard to a mamzer, females are permitted.
אי מה להלן מיד אף כאן מיד כי אהני גזירה שוה מעשירי ואילך
The Gemara raises a difficulty: Or perhaps one should say that just as below, with regard to an Ammonite and a Moabite, their females are permitted immediately, so too here, a mamzeret is permitted immediately. The Gemara answers: The verbal analogy is effective only from the tenth generation and onward.
והאנן תנן ממזרים ונתינין אסורין ואיסורן איסור עולם אחד זכרים ואחד נקבות לא קשיא הא כמאן דאמר דון מינה ומינה
The Gemara raises another difficulty: But didn’t we learn in the mishna that mamzerim and Gibeonites are prohibited, and their prohibition is eternal for all generations, and it applies to both males and females? The Gemara answers: This is not difficult for Reish Lakish, as he understands that there is a dispute in this regard: This opinion, that of Reish Lakish, is in accordance with the tanna who said that the application of a verbal analogy is extended by way of the principle: Infer from it, and again from it. In other words, after deducing case B from case A, all of the characteristics of case A are applied to case B. In the case discussed here, although the verbal analogy comes primarily to render a mamzer permanently forbidden, it is extended and understood to mean that a mamzeret is permitted after ten generations.
הא כמאן דאמר דון מינה ואוקי באתרא
That other opinion, i.e., the mishna, is in accordance with the tanna who said that the application of a verbal analogy is limited, according to the principle: Infer from it, and then leave it in its place. That is to say, after the main provision of case A is applied to case B, case B is recognized as having its own character and specific rules that apply to it. Accordingly, in the case discussed here, the verbal analogy teaches one specific halakha that a mamzer is prohibited permanently, but nothing else.
שאלו את רבי אליעזר ממזרת לאחר עשרה דרי מהו אמר להם מי יתן לי דור שלישי ואטהרנו אלמא קסבר ממזרא לא חיי וכן אמר רב הונא ממזרא לא חיי
The Gemara relates that the students asked Rabbi Eliezer: With regard to a mamzeret after ten generations, what is the halakha? He said to them: Who will give me a third-generation mamzer so that I will declare him pure? The Gemara comments: Apparently he maintains that a mamzer does not survive. Mamzerim perish at the hand of Heaven, and therefore this question is not a practical one. And similarly, Rav Huna said that a mamzer does not survive.
והא אנן תנן ממזרין אסורין ואיסורן איסור עולם אמר רבי זירא לדידי מפרשא לי מיניה דרב יהודה דידיע חיי דלא ידיע לא חיי דידיע ולא ידיע עד תלתא דרי חיי טפי לא חיי
The Gemara raises a difficulty: But didn’t we learn in the mishna that mamzerim are prohibited from entering into the congregation, and their prohibition is eternal for all generations? How is this possible if they do not even live long enough to produce three generations? Rabbi Zeira said: This matter was explained to me by Rav Yehuda himself: One who is known to be a mamzer will survive, as there is no concern that there will be any mingling of his seed. On the other hand, one who is not known as a mamzer will not survive, as he will die at the hand of Heaven so that there will be no mingling of his seed. As for one who is known and not known, i.e., one who is under suspicion, but it is unclear whether or not he is actually a mamzer, his descendants will survive for three generations, but more than this they will not survive.
ההוא דהוי בשבבותיה דרבי אמי אכריז עליה דממזרא הוה בכי ואזיל אמר ליה חיים נתתי לך
It is related that a certain person lived in Rabbi Ami’s neighborhood, and following an investigation Rabbi Ami declared him to be a mamzer. The man went about weeping until Rabbi Ami said to him: You should not be upset, as now I have given you life. As explained above, once one is publicly known as a mamzer, he and his descendants may survive.
אמר רב חנא בר אדא נתינים דוד גזר עליהם שנאמר ויקרא המלך לגבעונים ויאמר אליהם והגבעונים לא מבני ישראל המה וגו׳
§ Rav Ḥana bar Adda said: As for the Gibeonites, it was King David who decreed that they may not enter into the congregation, as it is stated: “And the king called the Gibeonites and said to them. Now the Gibeonites are not of the children of Israel, but of the remnant of the Amorites” (II Samuel 21:2). This verse indicates that it was David who ruled that they are not part of the Jewish people and that they are barred from the congregation even though they converted.
מאי טעמא גזר עלייהו דכתיב ויהי רעב בימי דוד שלש שנים שנה אחר שנה שנה ראשונה אמר להם שמא עובדי עבודה זרה יש בכם דכתיב ועבדתם אלהים אחרים והשתחויתם להם ועצר את השמים ולא יהיה מטר וגו׳ בדקו ולא מצאו
The Gemara asks: What is the reason that David decreed that they may not enter into the congregation? In order to answer this question, the Gemara recounts all the relevant background events. As it is written: “And there was a famine in the days of David three years, year after year” (II Samuel 21:1). In the first year David said to the Jewish people: Perhaps there are idol worshippers among you, this being a sin that can lead to drought, as it is written: “Take heed to yourselves, lest your heart be deceived, and you turn aside, and serve other gods, and worship them; and the anger of the Lord be kindled against you, and He shut up the heaven, so that there shall be no rain, and the ground shall not yield her fruit” (Deuteronomy 11:16–17). They examined the matter but did not find sinners of this kind.
שניה אמר להם שמא עוברי עבירה יש בכם דכתיב וימנעו רביבים ומלקוש לא היה ומצח אשה זונה היה לך וגו׳ בדקו ולא מצאו
In the second year of the drought David said to them: Perhaps there are transgressors in sexual matters among you, as this too can lead to drought, as it is written: “Therefore the showers have been withheld, and there has been no latter rain; yet you had a harlot’s forehead, you refused to be ashamed” (Jeremiah 3:3), which indicates that licentious behavior can lead to a cessation of rainfall. Again they examined the matter, but did not find sinners of this kind either.
שלישית אמר להם שמא פוסקי צדקה ברבים יש בכם ואין נותנין דכתיב נשיאים ורוח וגשם אין איש מתהלל במתת שקר בדקו ולא מצאו
In the third year he said to them: Perhaps there are among you those who pledge money to charity in public, but do not actually give any charity. As it is written: “As vapors and wind without rain, so is he that boasts himself of a false gift” (Proverbs 25:14), teaching that one who falsely boasts of making a gift prevents the rain from falling. Once again they examined the matter, but could not find such sinners.
אמר אין הדבר תלוי אלא בי מיד ויבקש דוד את פני ה׳ מאי היא אמר ריש לקיש ששאל באורים ותומים
Having unsuccessfully searched the Jewish people for sins that cause drought, David said: The matter depends on nothing other than myself. Immediately it is stated: “And David sought the presence of the Lord” (II Samuel 21:1). The Gemara asks: What is this? How did David seek God? Reish Lakish said: He inquired through the Urim VeTummim, the stones embedded in the High Priest’s breastplate, which served as a means of communicating with God.
מאי משמע אמר רבי אלעזר אתיא פני פני כתיב הכא ויבקש דוד את פני ה׳ וכתיב התם ושאל לו במשפט האורים לפני ה׳
The Gemara asks: From where may it be inferred that David’s seeking was by way of the Urim VeTummim? Rabbi Elazar said: This is derived by way of a verbal analogy between the word “presence” used here and the word “presence” used elsewhere. It is written here: “And David sought the presence of the Lord,” and it is written there: “And he shall stand before Eleazar the priest, who shall inquire for him by the judgment of the Urim in the presence of the Lord” (Numbers 27:21). Consequently, the “presence of the Lord” sought by David must have involved the Urim VeTummim.
ויאמר ה׳ אל שאול ואל בית הדמים על אשר המית הגבעונים אל שאול שלא נספד כהלכה ואל בית הדמים על אשר המית הגבעונים וכי היכן מצינו בשאול שהמית הגבעונים אלא מתוך שהרג נוב עיר הכהנים שהיו מספיקין להם מים ומזון מעלה עליו הכתוב כאילו הרגן
The verse continues: “And the Lord said: It is for Saul, and for his bloody house, because he put to death the Gibeonites” (II Samuel 21:1). The Gemara explains: “For Saul” means that the Jewish people were punished because he was not eulogized properly. “And for his bloody house” is “because he put to death the Gibeonites.” The Gemara is puzzled by this explanation: Now, where do we find that Saul put to death the Gibeonites? The Gemara clarifies: Rather, because he killed the people of Nob, the city of priests, who would provide the Gibeonites with water and food in exchange for their services, the verse ascribes to him as if he himself had killed them.
קא תבע אל שאול שלא נספד כהלכה וקא תבע על אשר המית הגבעונים אין דאמר ריש לקיש מאי דכתיב בקשו את ה׳ כל ענוי ארץ אשר משפטו פעלו באשר משפטו שם פעלו
The Gemara questions this understanding: On one hand, God demands retribution because Saul was not eulogized properly, while on the other hand, He demands retribution because Saul himself put to death the Gibeonites. The Gemara answers: Yes, this is how it should be. As Reish Lakish said: What is the meaning of that which is written: “Seek the Lord, all the humble of the earth, that have executed [pa’alu] His justice” (Zephaniah 2:3)? Where mention is made of the justice to be carried out against a person, his good deeds [pa’alo] should be mentioned there as well.
אמר דוד שאול נפקו להו
David said: With regard to the eulogy for Saul, there have already passed
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Yevamot 78
The William Davidson Talmud | Powered by Sefaria
מצרי שני במאי יטהר דלמא דאי עבר ונסיב דאי לא כתיב קרא
how could a second-generation Egyptian convert ever achieve purity, so that it is permitted for his offspring, the third generation, to enter into the congregation? He may marry neither a Jew nor a female Egyptian convert. The Gemara answers: Perhaps it means that if he transgressed and married a convert or a Jewish woman, his seed will be purified. The Gemara rejects this suggestion: A case of: That if, is not written in the verse. In other words, the Bible does not speak of situations that can arise only through the commission of a transgression.
הרי ממזר דאי וכתביה קרא דאי לאיסורא כתב דאי להיתרא לא כתב
The Gemara asks: But isn’t there the halakha of a mamzer, which is a case of that if, as a mamzer is the child of a forbidden union, and yet the verse writes it? The Gemara answers: A case of that if that results in a prohibition, the Torah writes, but a case of that if that leads to an allowance, the Torah does not write. The Torah teaches the halakha of a mamzer, whose very existence is the result of his parents having engaged in forbidden relations, in order to render it prohibited for him to enter into the congregation. However, it would not teach the halakha of a second-generation Egyptian convert who transgressed and married a woman who was forbidden to him, in order to permit his offspring to enter into the congregation.
הרי מחזיר גרושתו דאי להיתרא וכתביה התם משום עיקר איסורא הוא דכתביה
The Gemara raises an objection: But isn’t there the halakha governing one who remarries his divorcée after she had been married to another man? This is a case of that if that leads to an allowance, and yet the Torah writes it. The words “It is an abomination before the Lord” (Deuteronomy 24:4) stated with regard to this case teach that although the woman herself is forbidden to her first husband, if she nevertheless remarried him, their children are fit to enter into the congregation. The Gemara answers: There, the Torah writes that case due to the basic prohibition, i.e., that a man may not remarry his divorced wife after she has been married to another man, and the allowance with regard to their children is learned incidentally.
תנו רבנן אם נאמר בנים למה נאמר דורות ואם נאמר דורות למה נאמר בנים אם נאמר בנים ולא נאמר דורות הייתי אומר בן ראשון ושני אסור שלישי מותר לכך נאמר דורות
The Sages taught in a baraita: The verse states with respect to Egyptian and Edomite converts that “the sons of the third generation that are born to them may enter to them, the congregation of the Lord” (Deuteronomy 23:9). If it is stated “sons” why is it also stated “generation,” and if it is stated “generation” why is it also stated “sons”? One of these terms seems superfluous. The baraita explains: If it had stated only “sons” and not stated “generation,” I would say that the prohibition depends on the number of the son, meaning that the first and second sons of an Egyptian convert are forbidden, whereas the third is permitted. Therefore, it is stated “generation” to indicate that the prohibition depends not on the number of the son but on his generation.
ואם נאמר דורות ולא נאמר בנים הייתי אומר לאותן העומדים על הר סיני לכך נאמר בנים
And conversely, if it had stated only “generation” and not stated “sons,” I would say that the generations are counted from those standing on Mount Sinai, so that any Egyptian born after three generations have passed from the time of the giving of the Torah would be permitted. Therefore, it is stated “sons” to indicate that certain sons are prohibited in later generations as well.
להם מהם מנה להם הלך אחר פסולן
The verse states: “The sons of the third generation that are born to them may enter to them, the congregation of the Lord.” The Sages expounded each of the two instances of the words “to them”: The first mention of “to them” teaches that from them you should count. The count of generations begins with the converts themselves, as they are considered the first generation, and therefore their grandchildren are permitted. The second mention of “to them” teaches that you should follow their disqualification. If a male Egyptian convert married a Jewish woman, or if a female Egyptian convert married a Jewish man, the halakha with regard to the offspring born to them is that although one of the parents is not disqualified from entering into marriage, the status of the child follows the unfit parent, who disqualifies his or her offspring until the third generation.
ואיצטריך למיכתב להם ואיצטריך למיכתב אשר יולדו דאי כתב רחמנא אשר יולדו הוה אמינא מבניהם מנה כתב רחמנא להם ואי כתב רחמנא להם הוה אמינא מצרית מעוברת שנתגיירה היא ובנה חד כתב רחמנא אשר יולדו
The Gemara comments: And it is necessary to write “to them,” and it is also necessary to write “that are born.” As, if the Merciful One had written only “that are born,” I would say that one should count the generations from the converts’ sons. Therefore, the Merciful One writes “to them” to teach that the converts themselves are counted as the first generation. And if the Merciful One had written only “to them,” I would say that in the case of a pregnant Egyptian woman who converted, she and her child, i.e., the fetus, are considered one generation, as the fetus is deemed to be a part of its mother. Therefore, the Merciful One writes “that are born,” to indicate that each birth marks a new generation, and accordingly the fetus is regarded as a second-generation Egyptian convert.
ואיצטריך למיכתב להם הכא ואיצטריך למיכתב לו גבי ממזר
The verse concerning a mamzer states: “A mamzer shall not enter into the congregation of the Lord; even to the tenth generation shall none of his [lo] enter into the congregation of the Lord” (Deuteronomy 23:3). And it is necessary to write “to them” here, with regard to an Egyptian convert, to teach that the child’s status follows the disqualified parent in his case, and it is also necessary to write “to him [lo]” with regard to a mamzer, to teach that a similar halakha applies to a mamzer. In the translation of the verse, lo is translated as: Of his, i.e., of his ilk. However, lo can also be translated as: To him.
דאי כתב רחמנא הכא משום דבא מטיפה פסולה אבל ממזר דבא מטיפה כשרה אימא לא
Lo is written with regard to both the Egyptian and the mamzer, as, if the Merciful One had written it only here, with regard to an Egyptian, one might have said that only in this case does the child’s status follow the disqualified parent, because the Egyptian comes from an unfit drop of semen, that of a gentile. But as for a mamzer, who comes from a fit drop of semen, as his parents were proper Jews despite their grave sin, one might say that there is no room for such stringency. Therefore, the Torah teaches that the same halakha applies to a mamzer.
ואי כתב רחמנא גבי ממזר משום דאין ראוי לבא בקהל לעולם אבל הכא אימא לא צריכא
And conversely, if the Merciful One had written this stringent halakha only with regard to a mamzer, one might have said that this is because he is forever unfit to enter into the congregation, but here, with regard to an Egyptian convert, I might say that this is not the case. Therefore, both verses are necessary.
אמר רבה בר בר חנה אמר רבי יוחנן מצרי שני שנשא מצרית ראשונה בנה שלישי הואי אלמא קסבר בתר דידיה שדינן ליה
Rabba bar bar Ḥana said that Rabbi Yoḥanan said: If a second-generation male Egyptian convert married a first-generation female Egyptian convert, her child is considered a third-generation convert for whom it is permitted to enter the congregation. The Gemara comments: Apparently Rabbi Yoḥanan maintains that we assign the child to him, the father, and not to the mother.
מתיב רב יוסף רבי טרפון אומר יכולין ממזרים ליטהר כיצד ממזר נשא שפחה הולד עבד שחררו נמצא בן חורין אלמא בתר דידה שדינן ליה שאני התם דאמר קרא האשה וילדיה תהיה לאדוניה
Rav Yosef raised an objection from the following mishna (Kiddushin 69a): Rabbi Tarfon says: Mamzerim can purify themselves over the course of the generations. How so? If a mamzer married his non-Jewish maidservant, the child born to them is a slave. If the slave’s master, the mamzer who owns the maidservant, subsequently freed the child, he becomes a free man and is fit to enter into the congregation. Apparently we assign the child to her, the mother, and not to the father, as the child is deemed a slave rather than a mamzer. The Gemara answers: It is different there, in the case of the slave, as the verse states: “The wife and her children shall be her master’s” (Exodus 21:4). The words “her children” indicate that the children born to a non-Jewish maidservant are assigned to her.
מתיב רבא אמר רבי יהודה מנימין גר מצרי היה לי חבר מתלמידי רבי עקיבא ואמר אני מצרי ראשון ונשאתי מצרית ראשונה אשיא לבני מצרית שניה כדי שיהא בן בני ראוי לבא בקהל ואי סלקא דעתך בתריה דידיה שדינן ליה אפילו ראשונה נמי הא אמר ליה רבי יוחנן לתנא תני ראשונה
Rava raised an objection from a previously mentioned baraita: Rabbi Yehuda said: Minyamin, an Egyptian convert, was a friend of mine from among the students of Rabbi Akiva, and he said: Following my conversion I was a first-generation Egyptian convert, and so I married another first-generation Egyptian convert. I will marry off my son, who is a second-generation Egyptian convert, to another second-generation Egyptian convert, so that my grandson will be fit to enter into the congregation. Now, if it enters your mind to say that we assign the child to the father, even if he marries off his son to a first-generation Egyptian convert his grandson should be permitted. The Gemara answers: Didn’t Rabbi Yoḥanan already say to the tanna reciting the baraita: You should teach that Minyamin sought to marry off his son to a first-generation Egyptian convert.
כי אתא רב דימי אמר רבי יוחנן מצרי שני שנשא מצרית ראשונה בנה שני הואי אלמא בתר אימיה שדינן ליה
When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said just the opposite: If a second-generation male Egyptian convert married a first-generation female Egyptian convert, her son is considered a second-generation convert who is prohibited from entering the congregation. Apparently, Rabbi Yoḥanan maintains that we assign the child to the mother and not to the father.
אמר ליה אביי אלא הא דאמר רבי יוחנן הפריש חטאת מעוברת וילדה רצה מתכפר בה רצה מתכפר בולדה
Abaye said to him: But what, then, will you say about that which Rabbi Yoḥanan said: If one set aside a pregnant animal as a sin-offering, and the animal later gave birth to a female, if he wishes he may gain atonement with the mother itself, in which case the young is left to graze until it develops a blemish that renders it unfit for sacrifice, whereupon it is sold and the proceeds are used for a gift offering; and if he wishes he may gain atonement with the animal’s young, and the mother is left to graze until it develops a blemish.
אי אמרת בשלמא עובר לאו ירך אמו הוא הוה ליה כמפריש שתי חטאות לאחריות ואמר רב אושעיא הפריש שתי חטאות לאחריות מתכפר באחת מהן והשניה תרעה
Granted, if you say that a fetus is not considered the thigh, i.e., a part, of its mother but rather a separate creature, despite the fact that it is still attached to her, then an individual in this situation is like one who sets aside two sin-offerings as a guarantee, i.e., one who, owing to his concern that his sin-offering might become lost, sets aside two animals from the outset with the intention of using whichever one he chooses. And Rav Oshaya said with regard to such a case: If one set aside two sin-offerings as a guarantee, so that if one is lost he may gain atonement with the other, he gains atonement with one of them, and the second is left to graze until it develops a blemish and can be redeemed.
אלא אי אמרת עובר ירך אמו הוא הוה ליה ולד חטאת וולד חטאת למיתה אזיל
But if you say that a fetus is considered the thigh of its mother and is regarded as part of her, it is the young of a sin-offering, and the young of a sin-offering goes to its death. Such an animal is not left to graze. Rather, it is put into isolation and caused to die, as it has been sanctified as a sin-offering through its mother but cannot be sacrificed on the altar and used to gain atonement. In summary, it would appear that Rabbi Yoḥanan himself maintains that a fetus is not considered a part of its mother. Why, then, in the case of the Egyptian convert is the child assigned to the mother and not to the father?
אישתיק אמר ליה דלמא שאני התם דכתיב אשר יולדו הכתוב תלאו בלידה אמר ליה קרקפנא חזיתיה לרישך ביני עמודי כי אמר רבי יוחנן להא שמעתא
Rav Dimi was silent, momentarily unable to find an answer. Abaye said to him: Perhaps it is different there, with regard to Egyptian converts, as it is written with regard to them: “The sons of the third generation that are born to them may enter to them, the congregation of the Lord” (Deuteronomy 23:9), indicating that the verse made their prohibition dependent on birth, and therefore the child of Egyptian converts is assigned to the mother. Rav Dimi said to him: Man of great skull, i.e., man of distinction, I saw your head between the pillars of the study hall when Rabbi Yoḥanan taught this halakha. In other words, you grasped the meaning as though you were actually present in the study hall and heard the statement from Rabbi Yoḥanan himself.
טעמא דכתיב אשר יולדו הא בעלמא בתר אבוה שדינן ליה אלא הא דאמר רבא גויה מעוברת שנתגיירה בנה אין צריך טבילה אמאי אין צריך טבילה
The Gemara draws an inference: The reason that the child is assigned to its Egyptian mother is that it is written: “That are born to them.” But generally, with regard to others for whom it is prohibited to enter into the congregation, we assign the child to the father. The Gemara asks: But what about that which Rava said: If a pregnant gentile woman converted, then her son, who was a fetus at the time of the conversion, does not require immersion after he is born. But if the child is not assigned to its mother, why should he not require immersion?
וכי תימא משום דרבי יצחק דאמר רבי יצחק דבר תורה רובו ומקפיד עליו חוצץ רובו שאינו מקפיד עליו אינו חוצץ
And if you would say that this is because of a statement of Rabbi Yitzḥak, there is still a difficulty. As Rabbi Yitzḥak said: By Torah law, if some substance is found on a person’s body during immersion, and it covers the majority of his body, and he is particular and wants the substance removed, only then is it considered an interposition that invalidates immersion in a ritual bath. If, however, the substance covers the majority of his body, but he is not particular about that substance, it is not considered an interposition. Accordingly, it may be argued that although the fetus is covered by its mother, since it is not particular about this necessary covering, the fetus itself is regarded as having undergone valid immersion.
והא אמר רב כהנא לא שנו אלא רובו אבל כולו חוצץ שאני עובר דהיינו רביתיה
However, this is difficult, as didn’t Rav Kahana say that they taught this halakha that if one is not particular about the substance it is not considered an interposition only when the substance covers just a majority of his body; but if it covers all of it, it is considered an interposition by Torah law, even if he is not particular about it. The Gemara answers: A fetus is different, as this is its natural manner of growth. Its mother’s womb cannot be considered an interposition, as it is the fetus’ natural place of development, and therefore the fetus itself is regarded as having undergone immersion.
כי אתא רבינא אמר רבי יוחנן באומות הלך אחר הזכר נתגיירו הלך אחר פגום שבשניהם באומות הלך אחר הזכר כדתניא מנין לאחד מן האומות שבא על הכנענית והוליד בן שאתה רשאי לקנותו בעבד שנאמר וגם מבני התושבים הגרים עמכם מהם תקנו
When Ravina came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: With respect to lineage, among the other nations of the world, i.e., while they are still gentiles, follow the male, but if they married after they converted, follow the more flawed in lineage of the two. The Gemara explains: Among the nations, follow the male, as it is taught in a baraita: From where is it derived that if one from the other nations had relations with a Canaanite woman and had a son from her, you are permitted to purchase him as a slave, and he is not considered a Canaanite who may not be allowed to remain in Eretz Yisrael? As it is stated: “And also from the children of the strangers that dwell among you, of them may you buy, and of their families that are with you, which they have begotten in your land; and they may be your possession” (Leviticus 25:45).
יכול אפילו אחד מן הכנענים שבא על אחת מן האומות והוליד בן שאתה רשאי לקנותו בעבד תלמוד לומר אשר הולידו בארצכם מן הנולדים בארצכם ולא מן הגרים בארצכם:
One might have thought that even if one from the Canaanite nations had relations with a woman from one of the other nations and had a son from her, you are permitted to purchase him as a slave. Therefore, the same verse states: “Which they have begotten in your land,” which indicates that slaves may be bought only from those begotten in your land, i.e., from those whose father was a non-Canaanite and whose mother was a Canaanite. It is the way of women to remain in their own land, and so a child born in Eretz Yisrael was certainly born to a Canaanite mother. But slaves may not be bought from those dwelling in your land. If a child is born to a Canaanite man and a non-Canaanite woman outside of Eretz Yisrael, and that offspring later returns to dwell in Eretz Yisrael, the offspring may not be acquired as a slave, because his lineage follows his father. He is regarded as a Canaanite, who may not be allowed to remain in Eretz Yisrael.
נתגיירו הלך אחר פגום שבשניהם: במאי אילימא במצרי שנשא עמונית מאי פגום שבשניהם אית בה עמוני ולא עמונית אלא בעמוני שנשא מצרית אי זכר הוי שדייה בתר עמוני אי נקבה הוי שדייה בתר מצרית:
It was taught above in the name of Rabbi Yoḥanan that if they married after they converted, follow the more flawed in lineage of the two. The Gemara asks: To what circumstances is this referring? If we say it is referring to a male Egyptian convert who married a female Ammonite convert, what is the meaning of: More flawed in lineage of the two, in this case? The halakha is that an Ammonite man is barred from entering into the congregation, but not an Ammonite woman, and so she is not flawed at all. Rather, it must be referring to a male Ammonite convert who married a female Egyptian convert. If the child is male, assign him to his Ammonite father, so that he is permanently barred from entering the congregation. If it is a female, assign her to her Egyptian mother, so that she is treated like a second-generation Egyptian convert.
מתני׳ ממזרין ונתינין אסורין ואיסורן איסור עולם אחד זכרים ואחד נקבות:
MISHNA: Mamzerim and the Gibeonites who converted to Judaism in the days of Joshua are prohibited from entering into the congregation and marrying a woman who was born Jewish. Their prohibition is eternal, for all generations, and it applies to both males and females.
גמ׳ אמר ריש לקיש ממזרת לאחר עשרה דורות מותרת יליף עשירי עשירי מעמוני ומואבי מה להלן נקבות מותרות אף כאן נקבות מותרות
GEMARA: Reish Lakish said: A mamzeret, a female mamzer, is permitted after ten generations. Why? He derived this halakha by way of a verbal analogy between the word “tenth” stated in relation to an Ammonite and a Moabite in the verse “An Ammonite or a Moabite shall not enter into the congregation of the Lord; even to the tenth generation shall none of them enter into the congregation of the Lord forever” (Deuteronomy 23:4), and the word “tenth” stated in relation to a mamzer in the verse “A mamzer shall not enter into the congregation of the Lord; even to the tenth generation shall none of his enter into the congregation of the Lord” (Deuteronomy 23:3) He explained the analogy as follows: Just as below, with regard to an Ammonite and a Moabite, females are permitted, so too here, with regard to a mamzer, females are permitted.
אי מה להלן מיד אף כאן מיד כי אהני גזירה שוה מעשירי ואילך
The Gemara raises a difficulty: Or perhaps one should say that just as below, with regard to an Ammonite and a Moabite, their females are permitted immediately, so too here, a mamzeret is permitted immediately. The Gemara answers: The verbal analogy is effective only from the tenth generation and onward.
והאנן תנן ממזרים ונתינין אסורין ואיסורן איסור עולם אחד זכרים ואחד נקבות לא קשיא הא כמאן דאמר דון מינה ומינה
The Gemara raises another difficulty: But didn’t we learn in the mishna that mamzerim and Gibeonites are prohibited, and their prohibition is eternal for all generations, and it applies to both males and females? The Gemara answers: This is not difficult for Reish Lakish, as he understands that there is a dispute in this regard: This opinion, that of Reish Lakish, is in accordance with the tanna who said that the application of a verbal analogy is extended by way of the principle: Infer from it, and again from it. In other words, after deducing case B from case A, all of the characteristics of case A are applied to case B. In the case discussed here, although the verbal analogy comes primarily to render a mamzer permanently forbidden, it is extended and understood to mean that a mamzeret is permitted after ten generations.
הא כמאן דאמר דון מינה ואוקי באתרא
That other opinion, i.e., the mishna, is in accordance with the tanna who said that the application of a verbal analogy is limited, according to the principle: Infer from it, and then leave it in its place. That is to say, after the main provision of case A is applied to case B, case B is recognized as having its own character and specific rules that apply to it. Accordingly, in the case discussed here, the verbal analogy teaches one specific halakha that a mamzer is prohibited permanently, but nothing else.
שאלו את רבי אליעזר ממזרת לאחר עשרה דרי מהו אמר להם מי יתן לי דור שלישי ואטהרנו אלמא קסבר ממזרא לא חיי וכן אמר רב הונא ממזרא לא חיי
The Gemara relates that the students asked Rabbi Eliezer: With regard to a mamzeret after ten generations, what is the halakha? He said to them: Who will give me a third-generation mamzer so that I will declare him pure? The Gemara comments: Apparently he maintains that a mamzer does not survive. Mamzerim perish at the hand of Heaven, and therefore this question is not a practical one. And similarly, Rav Huna said that a mamzer does not survive.
והא אנן תנן ממזרין אסורין ואיסורן איסור עולם אמר רבי זירא לדידי מפרשא לי מיניה דרב יהודה דידיע חיי דלא ידיע לא חיי דידיע ולא ידיע עד תלתא דרי חיי טפי לא חיי
The Gemara raises a difficulty: But didn’t we learn in the mishna that mamzerim are prohibited from entering into the congregation, and their prohibition is eternal for all generations? How is this possible if they do not even live long enough to produce three generations? Rabbi Zeira said: This matter was explained to me by Rav Yehuda himself: One who is known to be a mamzer will survive, as there is no concern that there will be any mingling of his seed. On the other hand, one who is not known as a mamzer will not survive, as he will die at the hand of Heaven so that there will be no mingling of his seed. As for one who is known and not known, i.e., one who is under suspicion, but it is unclear whether or not he is actually a mamzer, his descendants will survive for three generations, but more than this they will not survive.
ההוא דהוי בשבבותיה דרבי אמי אכריז עליה דממזרא הוה בכי ואזיל אמר ליה חיים נתתי לך
It is related that a certain person lived in Rabbi Ami’s neighborhood, and following an investigation Rabbi Ami declared him to be a mamzer. The man went about weeping until Rabbi Ami said to him: You should not be upset, as now I have given you life. As explained above, once one is publicly known as a mamzer, he and his descendants may survive.
אמר רב חנא בר אדא נתינים דוד גזר עליהם שנאמר ויקרא המלך לגבעונים ויאמר אליהם והגבעונים לא מבני ישראל המה וגו׳
§ Rav Ḥana bar Adda said: As for the Gibeonites, it was King David who decreed that they may not enter into the congregation, as it is stated: “And the king called the Gibeonites and said to them. Now the Gibeonites are not of the children of Israel, but of the remnant of the Amorites” (II Samuel 21:2). This verse indicates that it was David who ruled that they are not part of the Jewish people and that they are barred from the congregation even though they converted.
מאי טעמא גזר עלייהו דכתיב ויהי רעב בימי דוד שלש שנים שנה אחר שנה שנה ראשונה אמר להם שמא עובדי עבודה זרה יש בכם דכתיב ועבדתם אלהים אחרים והשתחויתם להם ועצר את השמים ולא יהיה מטר וגו׳ בדקו ולא מצאו
The Gemara asks: What is the reason that David decreed that they may not enter into the congregation? In order to answer this question, the Gemara recounts all the relevant background events. As it is written: “And there was a famine in the days of David three years, year after year” (II Samuel 21:1). In the first year David said to the Jewish people: Perhaps there are idol worshippers among you, this being a sin that can lead to drought, as it is written: “Take heed to yourselves, lest your heart be deceived, and you turn aside, and serve other gods, and worship them; and the anger of the Lord be kindled against you, and He shut up the heaven, so that there shall be no rain, and the ground shall not yield her fruit” (Deuteronomy 11:16–17). They examined the matter but did not find sinners of this kind.
שניה אמר להם שמא עוברי עבירה יש בכם דכתיב וימנעו רביבים ומלקוש לא היה ומצח אשה זונה היה לך וגו׳ בדקו ולא מצאו
In the second year of the drought David said to them: Perhaps there are transgressors in sexual matters among you, as this too can lead to drought, as it is written: “Therefore the showers have been withheld, and there has been no latter rain; yet you had a harlot’s forehead, you refused to be ashamed” (Jeremiah 3:3), which indicates that licentious behavior can lead to a cessation of rainfall. Again they examined the matter, but did not find sinners of this kind either.
שלישית אמר להם שמא פוסקי צדקה ברבים יש בכם ואין נותנין דכתיב נשיאים ורוח וגשם אין איש מתהלל במתת שקר בדקו ולא מצאו
In the third year he said to them: Perhaps there are among you those who pledge money to charity in public, but do not actually give any charity. As it is written: “As vapors and wind without rain, so is he that boasts himself of a false gift” (Proverbs 25:14), teaching that one who falsely boasts of making a gift prevents the rain from falling. Once again they examined the matter, but could not find such sinners.
אמר אין הדבר תלוי אלא בי מיד ויבקש דוד את פני ה׳ מאי היא אמר ריש לקיש ששאל באורים ותומים
Having unsuccessfully searched the Jewish people for sins that cause drought, David said: The matter depends on nothing other than myself. Immediately it is stated: “And David sought the presence of the Lord” (II Samuel 21:1). The Gemara asks: What is this? How did David seek God? Reish Lakish said: He inquired through the Urim VeTummim, the stones embedded in the High Priest’s breastplate, which served as a means of communicating with God.
מאי משמע אמר רבי אלעזר אתיא פני פני כתיב הכא ויבקש דוד את פני ה׳ וכתיב התם ושאל לו במשפט האורים לפני ה׳
The Gemara asks: From where may it be inferred that David’s seeking was by way of the Urim VeTummim? Rabbi Elazar said: This is derived by way of a verbal analogy between the word “presence” used here and the word “presence” used elsewhere. It is written here: “And David sought the presence of the Lord,” and it is written there: “And he shall stand before Eleazar the priest, who shall inquire for him by the judgment of the Urim in the presence of the Lord” (Numbers 27:21). Consequently, the “presence of the Lord” sought by David must have involved the Urim VeTummim.
ויאמר ה׳ אל שאול ואל בית הדמים על אשר המית הגבעונים אל שאול שלא נספד כהלכה ואל בית הדמים על אשר המית הגבעונים וכי היכן מצינו בשאול שהמית הגבעונים אלא מתוך שהרג נוב עיר הכהנים שהיו מספיקין להם מים ומזון מעלה עליו הכתוב כאילו הרגן
The verse continues: “And the Lord said: It is for Saul, and for his bloody house, because he put to death the Gibeonites” (II Samuel 21:1). The Gemara explains: “For Saul” means that the Jewish people were punished because he was not eulogized properly. “And for his bloody house” is “because he put to death the Gibeonites.” The Gemara is puzzled by this explanation: Now, where do we find that Saul put to death the Gibeonites? The Gemara clarifies: Rather, because he killed the people of Nob, the city of priests, who would provide the Gibeonites with water and food in exchange for their services, the verse ascribes to him as if he himself had killed them.
קא תבע אל שאול שלא נספד כהלכה וקא תבע על אשר המית הגבעונים אין דאמר ריש לקיש מאי דכתיב בקשו את ה׳ כל ענוי ארץ אשר משפטו פעלו באשר משפטו שם פעלו
The Gemara questions this understanding: On one hand, God demands retribution because Saul was not eulogized properly, while on the other hand, He demands retribution because Saul himself put to death the Gibeonites. The Gemara answers: Yes, this is how it should be. As Reish Lakish said: What is the meaning of that which is written: “Seek the Lord, all the humble of the earth, that have executed [pa’alu] His justice” (Zephaniah 2:3)? Where mention is made of the justice to be carried out against a person, his good deeds [pa’alo] should be mentioned there as well.
אמר דוד שאול נפקו להו
David said: With regard to the eulogy for Saul, there have already passed