Limud Torah

with Rav Chaim

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A MAMZER

The Rama quotes the Rashba: one is Yoitze P'ru Ur'vu if he has a child that's a Mamzer. Not only when they were from a permitted relation, like a Ger to a Mamzeres, but also if it came from an illicit relation, like a regular Jew with a Mamzeres or with an Ervah. This Halacha has support from a Yerushalmi. However, the Rif, Rambam and Rosh do not mention this Yerushalmi.
 
The Minchas Chinuch asks, why is he Yoitze through a forbidden relations. Isn't it a Mitzvah Habah B'Aveira (a Mitzvah that comes through a sin?) Even to those that say that you are Yoitze MiDoiraisah (from the Torah) still the Rabanan say you're not Yoitze?
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Welcome everyone to this new Site

Hello everyone. My name is Rav Chaim. Some of you might know me as the "Rav Chaim" from Globalyeshiva.com . B'Ezras Hashem we'll start this new Torah website by going through the Minchas Chinuch. We will not review all the Mitzvos, only thiose that are applicable these days and are performed in Chutz L'Aretz. (The rest, I feel, people are not familiar with those topics.)

 

I plan to produce Divrei Torah on a daily basis so that everyone will be able to look forward to a reliable Shtikal Torah every day. I hope you will enjoy these. The Site still has a few bugs to fix, so I hope that you'll forgive us for that (I'm very new to this). So Im Yertzah Hashem, we'll have everything working soon.

 

ANDROIGENUS

 
If someone gives birth to an Androigenus (someone with have organs of both genders,) if he's Yoitze the Mitzvah, firstly, depends if he can reproduce. Tosfos and Tur say that he can reproduce. The Bais Yosef argues. According to him, you cannot be Yoitze with an Androigenus.
 
According to Tosfos that holds it can reproduce, then it depends on the status of the Androigenus. The Rambam says that he's a definite male, so he would be Yoitze.
 
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