Todos los que tienen prohibido ingresar a la congregación pueden casarse entre sí. [Aunque ya se enseñó que los mamzerim, los nethinim, etc., pueden casarse, estamos siendo informados aquí de que uno como un prosélito moavita o amonita puede casarse con un mamzer, un shetuki o un asufi. R. Yehudah prohíbe. [La gemara explica: Incluso R. Yehudah, que prohíbe un mamely a un prosélito, lo prohíbe solo a un prosélito de otras naciones gentiles, a quienes se les permite ingresar a la congregación (R. Yehudah sostiene que la congregación de prosélitos se llama " congregación "), pero reconoce que un prosélito moavita o amonita, a quien se le prohíbe ingresar a la congregación, puede casarse con un mamzereth.] R. Eliezer dice: Un confirmado con uno confirmado [como un mamzer con un Nathin ] esta permitido. Uno confirmado con uno dudoso [un mamzer o un Nathin con un shetuki o un asufi] y uno dudoso con uno dudoso [un shetuki masculino con un shetuki femenino, o un asufi masculino con un asufi femenino, o un asufi con un shetuki] están prohibidos [a pesar de que ambos son dudosos; porque uno podría ser kasher y el otro, pasul. La halajá está de acuerdo con R. Eliezer.] Estos son los dudosos: shetuki, asufi y Cuthi. [Los cuthitas son "dudosos" porque no están versados en las leyes de gittin y esponsales. Y hoy se consideran gentiles confirmados en todos los aspectos.]
Bartenura on Mishnah Kiddushin
כל האסורים לבא בקהל – even though we have taught in the beginning (Mishnah 1), that illegitimate children and Gibeonites who were circumcised at the time of Joshua are permitted to marry each other, it comes to tell us, for example, that an Ammonite or Moabite convert may marry an illegitimate child, an illegitimate child of unknown fatherhood and a foundling whose mother and father are unknown.
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English Explanation of Mishnah Kiddushin
Introduction
This mishnah continues to deal with the question of who can marry whom.
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Bartenura on Mishnah Kiddushin
ר"י אוסר – It explains in the Gemara (Kiddushin 74a-b) that this is how it should understood. Rabbi Yehuda who prohibits a convert [marrying] an illegitimately-born woman, that these words refer to a convert of all the other heathens who is permitted to enter the congregation [of Israel], he is the one who is prohibited to marry an illegitimately-born woman, according to Rabbi Yehuda who holds that a congregation of converts is a congregation. But an Ammonite or Moabite convert who is prohibited from entering the congregation [of the LORD], Rabbi Yehuda would admit that he is permitted to [marry] an illegitimately-born woman.
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English Explanation of Mishnah Kiddushin
All who are forbidden to enter into the assembly may intermarry with each other. According to this opinion, any person who cannot marry into the assembly (see Deuteronomy 23:1-9), meaning mamzerim, natinim, the shtuki and asufi (see yesterday’s mishnah for a definition of these terms) can marry each other. A mamzer, for example, could marry an asufi.
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Bartenura on Mishnah Kiddushin
ודאן בודאן מותר – such as an illegitimately-born child with a Gibeonite.
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English Explanation of Mishnah Kiddushin
Rabbi Judah forbids it. Seemingly Rabbi Judah says that every person from a class forbidden to enter into the assembly must marry another person from the same class. A mamzer would have to marry a mamzer, a shtuki would marry a shtuki, etc. The problem with this interpretation of his words is that there is no inherent logic to it. The Talmud explains that Rabbi Judah prohibits converts from marrying mamzerim. The Torah states that a mamzer should not come into the assembly of the Lord (Deuteronomy 23:3). The question is: are converts considered part of the “assembly of the Lord”? According to Rabbi Judah the convert is part of the assembly of the Lord, and therefore they cannot marry mamzerim.
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Bartenura on Mishnah Kiddushin
ודאן בספיקן – An illegitimately born child and a Gibeonite with an illegitimate child of unknown fatherhood and a foundling whose mother and father are unknown.
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English Explanation of Mishnah Kiddushin
Rabbi Elazar says: those who are certain [may marry] those who are certain, but those who are certain with those who are doubtful and those who are doubtful with those who are certain and those who are doubtful with others who are doubtful this is prohibited. Rabbi Elazar says that those who are certainly prohibited from marrying into the assembly may marry others who are certainly prohibited. However, those who are doubtfully prohibited cannot marry anyone. The problem is that they don’t really know whether or not they are prohibited. If they are prohibited than they can’t marry priests, Levites or Israelites, but if they are not prohibited they can’t marry mamzerim, natinim, shtukim and asufim. A shtuki, for instance, couldn’t even marry another shtuki, lest one is “fit” and the other not “fit.” Therefore, they can’t marry anyone.
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Bartenura on Mishnah Kiddushin
ספיקן בספיקן – an illegitimate male child of unknown fatherhood with an illegitimate female child of unknown fatherhood and a male foundling whose mother and father are unknown with a female foundling whose mother and father are unknown and [the case of] a male foundling whose mother and father are unknown with an illegitimate female child of unknown fatherhood. Even though each of these contains a doubt, it is prohibited, lest one was really “kosher/fit” and the other was unfit. And the Halakha is according to Rabbi Eliezer.
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English Explanation of Mishnah Kiddushin
Who are “those who are doubtful”? The shtuki, the asufi and the Samaritan. A shtuki and an asufi are in the category of “doubtful” because they don’t even know who their parents are. The Samaritans are “doubtful” because the very halakhic status of the Samaritans is questionable. Without delving into the history of the Samaritans (see the Encyclopedia Judaica for more details), they were (and still are) a group in the northern part of Israel that separated from those Jews living in Judea at an early period. They observed some of the same laws as did other Jews, but not in the same way. Marriage laws, namely kiddushin and gittin, were not observed in the same way that the rabbis prescribed and therefore any Samaritan is by definition of doubtful lineage.
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Bartenura on Mishnah Kiddushin
וכותי – this is its doubt, since they are not expert in the laws of Jewish divorce and betrothal. And nowadays, they (i.e., the Rabbis) made them to be like complete heathens for all their matters.
