Yevamos - Daf 45
- The audio shiur will be uploaded later.
- A woman married to a nochri or eved, cannot return to her father’s house to eat terumah
The Gemara has an extensive discussion whether a child born from an eved Canaani or from a nochri who had relations with a Jewish woman, is a mamzer or not. Rebbe Yehoshua ben Levi says הולד מקולקל – the child is impaired, which the Gemara clarifies means that it is pagum regarding the Kehunah. As part of the analysis of this position, the Gemara teaches that this woman who had relations with the eved Cannani or nochri becomes passul to the Kehunah, for Rebbe Yochanan said in the name of Rebbe Shimon: From where do we know that if a nochri or an eved had relations with a Koheness, Leviah, or Yisraelis, that he has made her passul for eating terumah? For it is written: "ובת כהן כי תהיה אלמנה וגרושה" – And if a Kohen’s daughter will become a widow or a divorcee, and does not have any offspring, she returns to her father’s house as in her youth, she may eat of her father’s food, referring to terumah. This teaches מי שיש לו אלמנות וגירושיין בה - that only a marriage to one who has the capacity to cause widowhood or divorce to her, which Rashi explains to mean a marriage where kiddushin takes effect allows her, if her marriage ends, to return to her father’s house to eat terumah. This excludes a marriage to a nochri or eved שאין קידושין תופס - where kiddushin does not take effect.
- A child of an eved or nochri with a Jewish woman is kosher and can be appointed to leadership
After many opinions were brought regarding the status of a child of an eved Canani or nochri, with a Jewish woman, the Gemara states: והלכתא עובד כוכבים ועבד הבא על בת ישראל הולד כשר בין בפנויה בין באשת איש – The halachah is that a nochri or an eved who had relations with a Jewish woman, the offspring is fit both in the case of an unmarried woman or married woman. To illustrate this, the Gemara brings an incident where Rava declared Rav Mari bar Rachel, to be among the officers of Bavel. He was known by his mother’s name since she conceived him while in captivity with a non-Jew. And even though it was taught in a Baraisa: The passuk states: "שום תשים עליך מלך" – and you shall appoint over yourself a king…from amidst your brothers, which implies, כל משימות שאתה משים אל יהו אלא מקרב אחיך – All appointments that you make shall be only of someone who is from the midst of your brothers, האי כיון דאמו מישראל "מקרב אחיך" קרינן ביה – this man, referring to Rav Mari, since his mother was Jewish, qualifies as from the midst of your brothers.
- A tevilah for niddah purposes can effect a conversion for a nochris
The Gemara relates that the slave of Rebbe Chiya bar Ami had a certain nochris immerse in a mikveh in order to take her as his wife, which Rashi explains to mean that he had her immerse to purify herself from being a niddah, and not for the sake of conversion. Rav Yosef said that he could halachically declare both her and her daughter fit, meaning that the woman is a full-fledged convert, and that her daughter could marry a full-fledged Jew. He could declare the woman fit, for Rav Assi said in a similar situation, מי לא טבלה לנדותה – Did she not immerse herself for purification from being a niddah? In this case, the woman converted in front of a Beis Din, and accepted all the mitzvos, but did not do a tevilah. He ruled that her subsequent immersion for niddah purposes suffices for conversion, since non-Jewish woman do not immerse themselves for niddah purposes. The Rishonim explain that her intention to immerse for niddah suffices for conversion, since both are done for the sake of Jewish sanctity. Rav Yosef continued that he could declare her daughter fit because the halachah is that if a nochri or an eved have relations with a Jewish woman, the child is fit.
