Kiddushin, Daf Samekh Tet, Part 5

 

Introduction

To recall, Abaye reads the mishnah as saying they went up to Eretz Yisrael, which, according to the Talmudic reading, means that Ezra did not first sort them into proper lineages. Rava reads the mishnah as saying, he forced them to go which means that he did sort them into proper lineage before they went. The Talmud continues this discussion.

 

בשלמא למאן דאמר עלו היינו דאמר רב יהודה אמר שמואל כל ארצות עיסה לארץ ישראל וארץ ישראל עיסה לבבל אלא למ"ד העלום מידע ידעינהו נהי דידעי לההוא דרא לדרא אחריני לא ידעי

 

Now, on the view that they went up [voluntarily], that is what Rav Yehudah said in the name of Shmuel: All countries are as dough in comparison with Eretz Yisrael, and Eretz Yisrael is as dough in comparison with Babylonia.

But on the view that he [forcibly] led them up, they knew their lineage?

Granted that they were known to that generation, they were not known to another generation.

 

Rav Yehudah said that the lineage of most countries is dough in comparison with Israel, meaning it is all muddled. But Israel s lineage is more muddled than Babylonia. This works well with Abaye who said that they went up to Israel voluntarily and that Ezra did not sort their lineages out before they went up. There was no oversight as to who could marry whom. But to Rava who said that Ezra forced them to go, Ezra sorted their lineage out. So why is Israel like dough in comparison to Babylonia?

The answer is that while that generation knew its lineage, subsequent ones did not.

 

בשלמא למאן דאמר עלו היינו דכתיב (עזרא ח, טו) ואקבצם אל הנהר הבא על אחוה ונחנה שם ימים שלשה ואבינה בעם ובכהנים ומבני לוי לא מצאתי שם אלא למאן דאמר העלום הא מיזהר זהירי נהי דאיזהור בפסולים בכשירים לא איזדהור

 

It goes well for the one who said that they went up, that is what is written: And I gathered them together to the river that runs to Ahava, and we camped there for three days; and I viewed the people and the priests, and found there none of the sons of Levi (Ezra 8:15). But according to the one who says he brought them up, surely he was most careful with them!

Granted that he had been careful with the unfit, yet he had not been careful with the fit.

 

According to Abaye, after leaving for Eretz Yisrael, Moshe still had to clarify people s lineages, as we see in the verse. But according to Rava, he should have sorted them all out from the beginning.

The answer is that Ezra was careful to sort out those unfit to marry into Israel. He knew who the mamzerim and netinim were. But he did not know who were priests, Levites and Israelites. He was less cautious with these groups because they can all marry each other. Therefore, he had to figure this out at a later stage.

 

כהני לויי וישראלי מנלן דסליקו דכתיב (עזרא ב, ע) וישבו הכהנים והלוים ומן העם והמשוררים והשוערים והנתינים בעריהם וכל ישראל בעריהם

 

Priests, Levites, and Israelites. How do we know that they came up? Because it is written, So the priests, and the Levites, and some of the people, and the singers, and the porters, and the netinim, dwelt in their cities, and all Israel in their cities (Ezra 2:70).

 

The Talmud now cites support for the fact that priests, Levites and Israelites came back to Eretz Yisrael.

 

חללי גירי וחרורי חללי מנלן דתניא ר’ יוסי אומר גדולה חזקה שנא’ (עזרא ב, סא) ומבני הכהנים בני חביה בני הקוץ בני ברזילי אשר לקח מבנות ברזילי הגלעדי אשה ויקרא על שמם אלה בקשו כתבם המתייחשים ולא נמצאו ויגואלו מן הכהונה ויאמר התרשתא להם אשר לא יאכלו מקדש הקדשים עד עמוד כהן לאורים ותומים ואמר להם הרי אתם בחזקתכם במה הייתם אוכלים בגולה בקדשי הגבול אף כאן נמי בקדשי הגבול

 

Halalim, converts and freed slaves. How do we know halalim? For it was taught: R. Yose said: Presumptive status [hazakah] is great, as it is said: And of the children of the priests: The children of Habaiah, the children of Hakkoz, the children of Barzillai, who took a wife of the daughters of Barzillai the Gileadite, and was called after their name. These sought the registry of their genealogy, but it was not found. Therefore, they were deemed polluted and put out from the priesthood. And the Tirshatha said to them that they should not eat of the offerings of the most sacred order until there arose a priest with the Urim VeTummim (Ezra 2:61 63). Now he said to them, Behold, you remain in your presumptive status as far as what your ate in Exile? Of the sacred food [eaten] outside of Jerusalem. So too here [you may eat] sacred food [eaten] outside of Jerusalem.

 

The verse and accompanying baraita quoted here proves that halalim, disqualified priests ( they were deemed polluted ), came with Ezra. The Tirshata, understood to be Nehemiah, allowed these disqualified priests to continue to eat the same food they ate while in the Diaspora. This is sacred food eaten outside of Jerusalem, namely terumah but not sacrifices. This proves that one is not removed from one s presumed status without proof. Thus presumptive status (hazakah) is great.