The Mishna had stated: The Nesinim are prohibited from marrying into the congregation.
Rav Chana bar Adda said: Dovid decreed that the Nesinim may not marry into the congregation (this Gemora is following Rava’s initial understanding on Daf 76a that the Torah prohibits the Nesinim while they are idolaters, but after they convert, they are permitted to marry a Jew; Dovid issued a Rabbinic ordinance against marrying the Nesinim even after they converted) at it is written [Shmuel II, 21:2]: And the king called the Gibeonites and said to them - now the Gibeonites were not of the children of Israel. This alludes to the fact that they were not permitted to marry into the congregation.
The Gemora asks: Why did Dovid issue this decree?
The Gemora answers: For it is written [ibid. v.1]: And there was a famine in the days of David for three years, year after year. During the first year, Dovid said to the Jewish people: “Perhaps there are idol worshippers among you? For it is written [Devarim 11: 16-17]: And worship strange gods and prostrate yourselves before them….and He will close off the heavens, and there will be no rain etc.” They checked, but they could not find anyone worshipping idols. During the second year, Dovid said to the Jewish people: “Perhaps there are sinners who engage in promiscuous behavior among you? For it is written [Yirmiyahu 3:3]: And the rains were withheld, and there has been no latter rain, and you had a harlot's forehead; you refused to be ashamed.” They checked, but they could not find anyone engaging in promiscuous behavior. During the third year, Dovid said to the Jewish people: “Perhaps there are men who announce specified sums for charity in public but do not give them? For it is written [Mishlei 25:14]: Clouds and wind, but no rain-so is a man who boasts with a false gift.” They checked, but they could not find any such people. Dovid said: “It must be my fault.” Immediately, And David sought the face of Hashem [Shmuel II, 21:1]. What is the meaning of this? Rish Lakish said: He asked the Urim Vetumim.
Hashem answers Dovid: [ibid.]: And Hashem said: “It is for Shaul, and also for his bloody house, because he put to death the Gibeonites.” The Gemora explains: “It is for Shaul” is referring to the fact that Shaul was not eulogized in a manner befitting him; and “for his bloody house” is referring to Shaul’s sin, “because he put to death the Gibeonites.”
The Gemora asks: Where do we find that Shaul killed the Gibeonites?
The Gemora answers: Since he killed the residents of Nov the city of Kohanim who supplied the Gibeonites with water and food, it was considered as if Shaul killed them.
The Gemora asks: Hashem demanded justice for Shaul because he was not properly mourned for, and simultaneously demanded justice because he put to death the Gibeonites?
The Gemora answers: Yes! For Rish Lakish said: What is the meaning of that which is written [Tzephaniah 2:3]: Seek Hashem all you humble of the land, who have fulfilled his law? When there is judgment, there can also be found his righteous deeds. (78b)
Dovid said: “In regards to fixing the sin of not eulogizing Shaul properly, twelve months have already lapsed since Shaul died, and it is no longer fitting to eulogize him. However, in regards to the Nesinim, let us summon them and appease them. Immediately they were called, as it is written [Shmuel II, 21, 2-3]: And the king called the Gibeonites and said to them … “What shall I do for you, and with what shall I make atonement so that you shall bless the inheritance of Hashem?” The passage continues [ibid. v.4-6]: And the Gibeonites said to him: “We have no matters of silver and gold with Shaul, or with his house, and we don’t care to put to death any man in Israel … Let there be delivered to us seven men from among his sons, and we will hang them for the sake of Hashem etc.” Dovid tried to pacify them, but they were not appeased. Dovid said: “There are three distinguishing characteristics of the Jewish people; they are merciful, bashful and benevolent. Whoever has these three characteristics are fitting to cleave to this nation (as the Gibeonites displayed a spirit of revenge and vindictiveness they were excluded from, and forbidden even to enter, the assembly of Israel).”
The passage continues: It is written [ibid. v.8-9]: And the king took the two sons of Rizpah the daughter of Ayah, whom she bore to Saul, Armoni and Mephibosheth; and the five sons of Michal the daughter of Saul, whom she bore to Adriel the son of Barzilai the Meholathite. And he delivered them into the hands of the Gibeonites, and they hanged them in the mountain before the Lord, and they fell all seven together. And they were put to death in the days of the harvest, in the first days, at the beginning of the barley harvest.
The Gemora asks: Why were these seven men chosen?
Rav Huna answers: Dovid passed Shaul’s descendants before the Holy Ark. He whom the Ark detained was condemned to death, and he whom the Ark did not detain was spared for life.
Rav Chana bar Katina asked him from the following verse [ibid. v.7]: But the king took pity on Mephibosheth, the son of Jonathan the son of Shaul. How could Dovid have mercy on him if it was determined by the Holy Ark?
The Gemora answers: Dovid did not pass him before the Ark.
The Gemora asks: It would seem that Dovid is showing favoritism by holding him back?
The Gemora answers: He did pass him before the Ark, and the Ark detained him. Dovid begged for mercy on his behalf, and the Ark released him.
The Gemora asks: It would seem that Dovid is still showing favoritism?
The Gemora answers: Dovid begged that the Ark should not detain him.
The Gemora asks: But is it not surely written [Devarim 24:16]: The fathers shall not be put to death for the children and sons shall not be put to death because of fathers?
Rabbi Chiya bar Abba said in the name of Rabbi Yochanan: It is better that a letter be uprooted out of the Torah than that the Divine Name shall be publicly profaned. (78b – 79a)
The passage continues: It is written [Shmuel II, 21:10]: And Rizpah the daughter of Aiah took the sackcloth and she spread it for her upon the rock, from the beginning of the harvest until water was poured upon them from heaven; and she allowed not the birds of the heaven to rest on them by day, nor the beasts of the field by night.
The Gemora asks: But is it not written [Devarim 21:23]: His body shall not remain for the night on the gallows?
Rabbi Yochanan said in the name of Rabbi Shimon ben Yehotzadak: It is better that a letter be uprooted out of the Torah and the Divine Name shall be publicly sanctified. For passersby would inquire, “What kind of men are these?” They would be told, “These are royal princes.” The passersby would then ask, “And what have they done?” They would be told, “They laid their hands upon unaccepted converts.” Then they exclaimed: “There is no nation in existence which one ought to join as much as this one. If the punishment of royal princes was so great, how much more so of that of common people; and if such was the justice done for unattached converts, how much more so for accepted converts.” Immediately, one hundred and fifty thousand converts joined the Jewish people. (79a)
The Gemora asks: Was it Dovid who issued the decree against the Nesinim? Didn’t Moshe already decree against them?
The Gemora answers: Moshe only decreed for his generation; Dovid decreed for all future generations.
The Gemora asks: Didn’t Yehoshua decree against them for all future generations?
The Gemora answers: Yehoshua’s decree was only applicable during the time that the Beis Hamikdosh was standing; Dovid’s decree was for afterwards as well.
The Gemora records: In the times of Rebbe, they wished to release the Nesinim from their slave status, and thereby permitting them to marry into the congregation. Rebbe said to them: “Our portion we can release, but we cannot release the Mizbeach’s portion (they were designated as slaves for the people and for the Mizbeach).”
Rabbi Chiya bar Abba disagrees: He said in the name of Rabbi Yochanan: The portion of the people is forbidden forever (unless the Beis Din would renounce their ownership), but the portion belonging to the Mizbeach is only forbidden during the time that the Beis Hamikdosh is standing. (79a – 79b)
The Mishna states: Rabbi Yehoshua said: I heard that a saris (a man who is sterile) submits to chalitzah, and they submit to chalitzah from his wife. I also heard that a saris does not submit to chalitzah, and they do not submit to chalitzah from his wife, and I cannot explain it (the two contradictory rulings). Rabbi Akiva said: I will explain. A saris-adam (one who became sterile after birth) submits to chalitzah, and they submit to chalitzah from his wife, because he had a time of fitness. A saris-chamah (one who was born sterile) does not submit to chalitzah, and they do not submit to chalitzah from his wife, because he did not have a time of fitness. Rabbi Eliezer said: Not so, but rather a saris-chamah submits to chalitzah, and they submit to chalitzah from his wife, because he has a cure. A saris-adam does not submit to chalitzah, and they do not submit to chalitzah from his wife, because he does not have a cure. Rabbi Yehoshua ben Beseira testified about ben Megusas, a saris-adam who was in Yerushalayim, and his wife was married by yibum, thus confirming the opinion of Rabbi Akiva.
A saris does not submit to chalitzah, and he does not perform yibum. And similarly, an aylonis does not perform chalitzah, and she is not married by yibum. If a saris submitted to chalitzah from his yevamah, he does not disqualify her. If he cohabited with her, he disqualifies her, because it is an illicit cohabitation. And similarly, if brothers submitted to chalitzah from an aylonis, they have not disqualified her; if they cohabited with her, they disqualify her, because cohabitation with her is an illicit cohabitation. (79b)
[END]
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