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Week 90 - Shabbat - 18 August 2001

KIDDUSHIN: CHAPTER 4: MISHNAH 1

Ten lineages ascended from Babylon: priestly, Levite, Israelite, halali, convert, haruri, mamzeri, netini, shetuki, and asufi. Priestly, Levite, and Israelite are permitted to marry each other. Levite, Israelite, halali, convert, and haruri are permitted to marry each other. Convert, and haruri, mamzeri, and netini, shetuki and asufi are all permitted to marry each other.

Kehati

After the two preceding mishnayot taught about the lineage of offspring, our chapter continues with an examination of classes of lineage and permitted marriages.

Ten lineages - Ten types of families whose lineage is known, ascended from Babylon - with Ezra the Scribe. The Gemara explains that when Ezra ascended from Babylon to Eretz Israel he brought with him all the leading scholars of his generation and did not leave any authorities in Babylon who were competent to deal with the examination of lineage. Fearing that those of blemished lineage would intermarry with those of unblemished lineage, Ezra set apart all the families of blemished lineage and took them with him, since in Eretz Israel the Sanhedrin and leading scholars of the period could examine matters of lineage, and prevent any problems from arising.

These are the ten classes of lineage that ascended from Babylon: priestly - the priests, Levite - the Levites; the statement in Tractate Sotah (9:10) that Ezra fined the Levites because they did not ascend with him is interpreted to mean that they did not ascend of their own will, but only after he sent messengers to bring them (see Rashi and Tosafot, who give another reason; see also Tosefot Yom Tov); Israelite - Israelites, halali - halals, priests who were born to women whom a priest is forbidden to wed, such as from the union of a widow and a High Priest or from that of a divorced woman and a common priest; convert - haruri - freed servants, mamzeri - mamzerim, the offspring of unions in which kiddushin is not valid, as was taught above (3:12); netini - netins, who were descended from the Gibeonites who converted during the time of Joshua, and are called "netin" after the wording of the verse, "And Joshua 'made them' (va-yitnem) that day hewers of wood and drawers of water" (Josh. 9:27). Joshua, and David afterwards, decreed that they could not enter the assembly of Israel, (i.e., that it was forbidden to wed them) (Gemara, Yev. 79a); shetuki and asufi - possible mamzerim as will be explained below (mishnah 2).

Priestly, Levite, and Israelite - priests, Levites, and Israelites, are permitted to marry each other. Levite, Israelite, halali, convert, and haruri are permitted to marry each other - Levites have the same legal status as Israelites regarding lineages which they are permitted to marry, but priests are prohibited from marrying a halal, a convert, or a freed servant. Convert, and haruri, mamzer and netini, shetuki and asufi are all permitted to marry each other - Converts, freed servants, mamzerim, netins, shetukim and asufim are permitted to marry each other but Levites and Israelites, and certainly priests, are prohibited from marrying mamzerim, netins, shetukim and asufim.

KIDDUSHIN: CHAPTER 4: MISHNAH 2

And which are shetuki? Whoever knows his mother and does not know his father. Asufi? Whoever was gathered from the marketplace and knows neither his father nor his mother. Abba Shaul would call a shetuki a bedukei.

Kehati

And which are shetuki? Whoever knows his mother and does not know his father - he was born to an unmarried woman, but we do not know who impregnated her. There is a possibility that he is a mamzer since we fear that the mother might have been impregnated by a mamzer or by someone to whom she is prohibited. He is called a shetuki because if the child asks about his father, his mother silences (mashtikah) him.

Asufi? Whoever was gathered from the marketplace and knows neither his father nor his mother - there is a possibility that he, too, is a mamzer, since he could have been born as a result of one of the prohibited sexual unions. The Gemara explains that according to Torah law, a shetuki and an asufi are permitted to wed an Israelite, as it is written, "A mamzer shall not enter the assembly of the Lord" (Deut. 23:3), from which it was learned, a certain mamzer may not enter the assembly of the Lord, but a possible mamzer may enter; the Rabbis decreed however, that they be included among the lineage groups whom an Israelite may not wed. We also derive from this verse that a certain mamzer may wed a shetuki or an asufi, as was taught in the preceding mishnah, for we learn that a mamzer may not enter the assembly of those of certain lineage, but he may enter the assembly of those of possible lineage.

Abba Shaul would call a shetuki a bedukei - because we examine (bodkim) the mother and ask her who impregnated her. If she replies, "I had relations with an unblemished man," the offspring is unblemished. The Gemara teaches, (Ket. 1:9), "Jf she is pregnant, and they say to her: 'What kind of embryo is this?' 'From a certain person and he is a priest,' Rabban Gamliel and Rabbi Eliezer say, 'She is believed,' and Rabbi Yehoshua says, 'We do not live by her words' "and it is explained there (Ket. 12b) that the law is in accordance with Rabban Gamliel, and both the mother and her daughter (if one is born to her) may wed priests. The Gemara on our mishnah (Kidd. 74a) explains that Abba Shaul's statement teaches that even if most of the men with whom she might have had relations could cause the offspring to be of blemished lineage (e.g., she is unmarried, and most of the men in the city are of lineages which are forbidden to priests), and she says, "I had relations with a person of unblemished lineage," the offspring is considered of unblemished lineage, and permitted to priests. The law in our mishnah is according to Abba Shaul.

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