Mareh Mekomot 78-80

  • Yeshiva Staff
Kiddushin Bekiyut
Although we promised a shiur - the last shiur - for this week, it appears that there will not be one. The pressures of the new semester in the Yeshiva (the Yeshiva began on Rosh Chodesh Elul, two weeks ago) and a family simcha have combined to terminate the shiurim in Kiddushin slightly earlier than we planned, and for that, we can only express our regrets.
However, there is no need to stop learning.  As promised, mar'eh mekomot will be sent out for the rest of the masechta, so you can continue, on your own, until and over the chagim. The new masechet - Pesachim - will begin after Sukkot. Details will be sent out in a few days.
  1. 78b: Mishna, "HaOmer..."
The veracity of a father concerning his children is called ”yakir." The original case, based on the verse (cited in the gemara) concerns which of the known son's is the bechor (firstborn).
a. Is he believed to declare paternity for a child? Cf. the Rambam (Hilchot Nachalaot 2,14) and the Rashbam (Bava Batra 134b,
s.v. "liyorsho").
b. Mamzer - For the connection between this and the declaration that the son is a bechor, cf.  Tosafot (74a, s.v. "kishem"); Shiltei HaGibborim (32a on the Rif, "lashon Riaz...");Rambam (Hilchot Issurrei Bia 15,15-16).)
c. The age of a child (the latter part of the Shiltei HaGibborim-Riaz in b.) - See Tosafot 64a, s.v. "ne'eman."
  2. 79a: Bogeret lifaneinu
Rav maintains that there is a "chazaka dihashta" - a presently existent situation is assumed to have existed retrospectively up until a previous time when a different situation is known to have been in effect. The usual form of chazaka works in the opposite direction - a previous existent situation is assumed to have continued up until a time when a different situation is known to have come into effect. See Shev Shemaita 3,16. Pay close attention to the disagreement of Rashi and Tosafot (s.v. "Mi ika"), 79b.
   3. 80a: Malkin al hachazakot
This is a different sort of chazaka than elsewhere - it refers neither to a "rov,” nor to a previously exitent situation, but to generally believed fact, common knowledge. Our gemara does not cite a source for this law, but the Yerushalmi (ibid., 4,10 does.)
  4. 80b: Harchakat Arayot 
Mar'eh mekomot to the end of the masechet - next week.