Wednesday, July 11, 2007

Yevamos 70a - Patzuah Dakka Not Zar Meikara

The Mishna says that a woman would become passul to Terumah for having bi'ah with their husband who is a patzuah dakka. The question is that there are only 2 ways to make a woman passul to Terumah, either through a pessul kehuna such as gerusha to kohen, or a standard issur so long as it qualifies as "zar meikara" meaning that the issur was present since birth (to the exclusion of the issur of remarrying a divorcee when she married someone else in between). So, why does a petzuah dakka passul his wife from terumah?
Rashash offers 2 possible answers: 1. "zar meikara" means it is an issur that could potentially be applicable even at birth, but even if it does not occur at birth it would passul. Therefore patzuah dakka qualifies since it is potentially applicable at birth. 2. "zar meikara" means from the time that there was a change to the persons body i.e. became patzuah dakka, the issur was present. The Tosafos Yeshanim explicitly writes like the second answer of the Rashash. Rashbah answer a third answer that by pesulei kahal we passul even if it is not "zar meikara", it is only by lower level issur lavin such as machzir gerushaso that we exclude bec. it is not "zar meikara".

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