Yevamos 44b

יבמות מ״ד ע״ב

Yevamot 44b

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Topic

When a child of a forbidden union is פגום for כהונה or a ממזר: a remarried divorcée, unions forbidden under כרת, and an עבד or גוי with a Jewish woman.

Overview

This amud discusses when a child born from a forbidden union is פגום, meaning unfit for כהונה, even if he is not a ממזר. First the גמרא says that 'all agree', even שמעון התימני, that the child of a man who remarries his divorcée after she married someone else is פגום. It learns this with a קל וחומר from an אלמנה married to a כהן גדול. Three objections are raised: a logical one (the widow herself becomes a חללה), the פסוק 'היא תועבה', and a ברייתא where חכמים call the child 'fit'. The גמרא answers the ברייתא and the פסוק, but the widow objection stands, so that version of the statement falls. The statement is then reworded: everyone, even רבי יהושע, agrees that a child from a union forbidden under כרת is פגום. Here the widow objection does not apply, because such a union makes the woman a זונה. Finally, רבי יוחנן rules that everyone, even שמעון התימני, agrees that the child of an עבד or a גוי with a Jewish woman is a ממזר, and the explanation continues on the next amud.

Opening lines

The steps (25)

1. StatementThe child is flawed for the priesthood
2. QuestionWho is included in 'all agree'?
3. ResponseIt includes שמעון התימני
4. ProofA קל וחומר from a widow married to a כהן גדול
5. RejectionThe widow case is different: she herself becomes disqualified
6. Challenge'She is an abomination', not her children
7. ChallengeA third objection: a ברייתא where the child is called fit
8. ProofReading 'her child is fit' as fit for כהונה
9. RejectionNo, the child is only called fit to marry into the קהל
10. ChallengeThen 'she is fit' must also mean the קהל, which is too obvious
11. ResolutionThe two halves can be about different things
12. ProofSupport from רבי עקיבא's half of the same ברייתא
13. ProofIn רבי עקיבא's case, the child is unfit even for the Jewish people
14. ConclusionEach half of the clause is read on its own terms
15. Resolution'She is an abomination' excludes her rival wife, not her children
16. ConclusionThe widow comparison remains a problem
17. StatementThe statement is reworded to be about unions forbidden under כרת
18. QuestionWho is included in 'everyone agrees'?
19. ResponseEven רבי יהושע agrees the child is flawed
20. ProofThe source: a קל וחומר from a widow married to a כהן גדול
21. ChallengeThe expected objection: a widow becomes disqualified herself
22. ResolutionHere too, his act makes her a זונה
23. Statementרבי יוחנן: the child of an עבד or גוי with a בת ישראל is a ממזר
24. QuestionWhose opinion does 'everyone agrees' include?
25. ResponseIt includes שמעון התימני, even though he limits which unions produce a ממזר