Yevamos - Daf 66
- The difference between עבדי מלוג ועבדי צאן ברזל regarding eating terumah
The opening Mishnah of the seventh perek states: In the case of an almanah who married a Kohen Gadol, or a gerushah or a chalutzah who married an ordinary Kohen, הכניסה לו עבדי מלוג ועבדי צאן ברזל – if she brings him slaves that are either נכסי מלוג or נכסי צאן ברזל, the melog slaves do not eat terumah and the tzon-barzel slaves may eat terumah. The Mishnah brings the rules that define the different types of slaves. Melog slaves, if they die during the marriage, the death is her loss, and if they increase in value, the increase accrues to her. אף על פי שהוא חייב באחריותן הרי אלו לא יאכלו בתרומה – and even though the husband is responsible to feed them, they may not eat the Kohen’s terumah. The rules for tzon-barzel slaves are that if they die during the marriage, the death is his loss, and if they increase in value, the increase goes to him. And since he is completely responsible for their value, they may eat terumah. In a proper marriage of a Bas Yisroel to a Kohen, both types of slaves may eat his terumah, and when a Bas Kohen marries a Yisroel, both types may not eat terumah.
- Three explanations why עבדי מלוג brought into a prohibited marriage may not eat terumah
The Gemara brings three explanations for why the עבדי מלוג brought into a prohibited marriage to a Kohen may not eat terumah. Ravina said: קנין אוכל מאכיל שאינו אוכל אינו מאכיל – Any kinyan of a Kohen who eats terumah himself, entitles another to eat terumah, but any kinyan of a Kohen who does not eat terumah himself, may not entitle another to eat terumah. Since the almanah who marries a Kohen Gadol may not eat terumah, since she becomes a challalah, her עבדי מלוג may not eat terumah. Rava said that mid’Oraysa, the slaves may eat terumah, but the Rabbanon were gozeir that they may not eat, so the almanah will say, “I cannot eat terumah and my servants cannot eat terumah. I must be a zonah to my husband.” הלכך אתי לאפוקה – Therefore, this will lead to strife between the almanah and Kohen Gadol and he will come to divorce her. Rav Ashi says it was a gezeirah because of almanah Kohenes, who might think that after her husband’s death, she is permitted to have her servants eat terumah from her father’s home, like they did after her first husband’s death. She will not realize that now that she is a challalah from marrying the Kohen Gadol, they may no longer eat terumah.
- המכנסת שום לבעלה
It was stated: המכנסת שום לבעלה – A woman who brings into her marriage evaluated property, which Rashi clarifies is נכסי צאן ברזל, which was evaluated and written into the kesubah and guaranteed to be returned if they divorce or the husband dies, היא אומרת כלי אני נוטלת והוא אומר דמים אני נותן – If she says, “I want to take my keilim,” and he says “I will give you money in the amount of their value,” who gets to keep the belongings? Rav Yehudah said the din is with her, but Rebbe Ami said the din is with him. Rav Yehudah said the din is with her, משום שבח בית אביה דידה הוי – for since these are the prestige of her father’s household, they are hers. Rebbe Ami said that they are his, for since the Mishnah taught that the husband is completely responsible for the tzon-barzel slaves, we can learn that נכסי צאן ברזל are considered his. Therefore, the husband only has to pay their value if the marriage is terminated. Rava said in the name of Rav Nachman that the halachah is in accordance with Rav Yehudah, and the husband must return the property.
