The Daf Yomi Set edition, an audio series of the Talmud Bavli, Masechet Kiddushin, has been generously sponsored by our good friend Mr. Chaimy Dana, may he be safeguarded and live long, in honor of his wife Bina Bat Rivka. We wish her many years of Shalom Bayit, Masechet Kiddushin, Hatzlacha, Parnassah, and all good things: health, happiness, Nachas from the children, and all the Berachot. Amen. Today’s Daf is being studied for the elevation of the soul of Benzion ben Yosef and Sarah, Miriam Zakon bat Yafa bat Sarah, for the elevation of the soul of Avraham ben Esther, and may Hashem comfort them in Gan Eden. Amen. Today’s Daf is also being studied for a complete recovery for Moshe ben Dina and Sarah bat Rachel. Please, God, heal them swiftly and soon, and we will say Amen.
We begin today’s Daf on Samech-Vav Amud Bet, starting from the Mishnah at the bottom of the Amud. This Mishnah will discuss the ramifications of different types of marriage and what happens to the children of these marriages. There are four basic principles that the Mishnah teaches us.
Firstly, the Mishnah states: “Any place where there is Kiddushin and no sin, the child follows the father.” This principle applies when there is a legal marriage, meaning that the Kiddushin is valid and no transgression has occurred. An example of this is when a Kohen marries a Yisraelit, or a Levi marries a Yisraelit; in these cases, the child’s status follows the father. Rashi bases this on the verse: “For their families, according to their fathers’ houses.” This indicates that, with respect to family lineage, we follow the father’s house.
The second case presented in the Mishnah is: “Any place where there is Kiddushin and there is a sin, the Kiddushin is valid, but the child follows the blemished one.” For instance, if a widow marries a Kohen Gadol, this is a case of prohibition. The child born from this union becomes a Chalalah, meaning she is restricted from marrying a Kohen. In contrast, the male child, known as a Chalal, has no restrictions on whom he may marry.
The third case involves a Mamzeret or a Netinah marrying a Yisrael. The Kiddushin is valid, but the children will be Mamzerim, as these unions are prohibited. Conversely, if a Yisraelit marries a Mamzer or a Netin, the same rule applies. The children will inherit the status of Mamzerim or Netin, which are not permitted to marry into the Jewish community.
The fourth principle states: “Any individual who has no Kiddushin with him, but has Kiddushin with others, the child is a Mamzer.” An example of this is when a person has relations with one of the forbidden relations listed in the Torah, such as a sister. In this case, there are no valid Kiddushin for this union, yet the sister can marry someone else, making the child a Mamzer due to the forbidden union.
Lastly, when there are no Kiddushin either for the individual or for others, the child follows the mother. An example of this is a Jewish man who has relations with a non-Jewish woman; the child inherits the status of the mother and is considered a non-Jew.
Let’s review the first category because it will be the focus of the Gemara’s discussion. The Gemara begins with the question: “Is this a rule, Rabbi Shimon asks Rabbi Yochanan?” The Gemara seeks to clarify the principle that wherever there is Kiddushin without sin, the child follows the father. However, an exception arises when a Ger marries a Mamzeret. This presents a debate regarding whether a Ger can marry a Mamzeret, as the Torah states: “A Mamzer shall not enter the assembly of Hashem.” The discussion hinges on whether a Ger is considered part of the assembly.
According to Rabbi Yossi, a Ger is not considered part of the assembly, which means that a Ger can marry a Mamzeret. Thus, if a Ger marries a Mamzeret, the Kiddushin is valid, and the child follows the father. However, Rabbi Yehuda argues that a Ger is part of the assembly, and therefore the marriage is prohibited, resulting in the child being a Mamzer due to the union being a sin.
The Gemara continues to explore this debate, providing various examples and counterexamples to illustrate the principles at play. It examines cases of Kiddushin that are valid yet involve prohibitions, and how these affect the status of the offspring. The discussions reveal the complexities of Jewish law regarding marriage and lineage, emphasizing the importance of understanding the nuances of Kiddushin and its implications.
In conclusion, the principles outlined in the Mishnah guide us in understanding how different types of marriages impact the status of children and their lineage. The Gemara’s analysis of these cases highlights the intricate nature of halachic rulings, reminding us of the significance of adhering to these laws in our daily lives.