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Today's Daf Yomi

February 16, 2015 | ื›ืดื– ื‘ืฉื‘ื˜ ืชืฉืขืดื”

  • Masechet Ketubot is sponsored by Erica and Rob Schwartz in honor of the 50th wedding anniversary of Erica's parents Sheira and Steve Schacter.

  • This month's learning is sponsored by the Kessler, Wolkenfeld and Grossman families in loving memory of Mia Rose bat Matan Yehoshua vโ€™ Elana Malka. "ื” ื ืชืŸ ื•ื” ืœืงื—. ื™ื”ื™ ืฉื ื” ืžื‘ื•ืจืš"

  • This month's shiurim are sponsored by Shoshana Shur for the refuah shleima of Meira Bat Zelda Zahava.

Ketubot 14

ืื™ืŸ ืžื™ื ืื™ ืืžืจ ืจื‘ ื™ื•ืกืฃ ืœืžืื™ ื ื™ื—ื•ืฉ ืœื” ื—ื“ื ื“ื”ื ืงื ืžื•ื“ื” ื•ืขื•ื“ ื”ื ืืžืจ ืจื‘ ื™ื”ื•ื“ื” ืืžืจ ืฉืžื•ืืœ ื”ืœื›ื” ื›ืจื‘ืŸ ื’ืžืœื™ืืœ

Yes, she conceived from relations with me. Rav Yosef said: The ruling here is clear, as with regard to what suspicion need we be concerned? First, he concedes that he is the father. And furthermore, didnโ€™t Rav Yehuda say that Shmuel said: The halakha is in accordance with the opinion of Rabban Gamliel, and even if he didnโ€™t admit that the child was his, the womanโ€™s claim is accorded credibility?

ืืžืจ ืœื™ื” ืื‘ื™ื™ ื•ื‘ื”ื ื›ื™ ืœื ืžื•ื“ื” ืžื›ืฉืจ ืจื‘ืŸ ื’ืžืœื™ืืœ ื•ื”ืืžืจ ืœื™ื” ืฉืžื•ืืœ ืœืจื‘ ื™ื”ื•ื“ื” ืฉื™ื ื ื ื”ืœื›ื” ื›ืจื‘ืŸ ื’ืžืœื™ืืœ ื•ืืช ืœื ืชืขื‘ื™ื“ ืขื•ื‘ื“ื ืขื“ ื“ืื™ื›ื ืจื•ื‘ ื›ืฉืจื™ืŸ ืืฆืœื” ื•ื”ื›ื ืจื•ื‘ ืคืกื•ืœื™ืŸ ืืฆืœื”

Abaye said to him: And in this case, based on the fact that you cited two reasons to deem the child fit, is that to say when he does not admit that he is the father Rabban Gamliel deems the child fit? But didnโ€™t Shmuel say to Rav Yehuda: Big-toothed one, the halakha is in accordance with the opinion of Rabban Gamliel, i.e., that she is accorded credibility, but you should not perform an action based on this ruling unless the majority of the men in her proximity are honorable and of impeccable lineage, corroborating her claim. And here, since she is betrothed, the majority of the men in her proximity are unfit, as a child fathered by any man other than her betrothed is a mamzer. Shmuel should not have ruled that the halakha was in accordance with the opinion of Rabban Gamliel.

ื•ืœื™ื˜ืขืžื™ืš ืชืงืฉื™ ืœืš ื”ื™ื ื’ื•ืคื ื”ืœื›ื” ื•ืืช ืœื ืชืขื‘ื™ื“ ืขื•ื‘ื“ื ืืœื ืžืื™ ืื™ืช ืœืš ืœืžื™ืžืจ ื”ื ืœื›ืชื—ืœื” ื”ื ื“ื™ืขื‘ื“ ื•ื”ื ื ืžื™ ื›ื“ื™ืขื‘ื“ ื“ืžื™

Rav Yosef said to Abaye: And according to your reasoning, the halakha itself should pose a difficulty for you, as on the one hand Shmuel rules that it is the halakha and on the other hand he adds: But you should not perform an action based on this ruling. Rather, what have you to say to explain this contradiction? This statement that one relies on the womanโ€™s claim only if a majority of men in her proximity are of unflawed lineage is ab initio. That statement that one may rely on the womanโ€™s claim regardless of the status on the men in her proximity is after the fact. And this case of the betrothed woman, too, is like a case after the fact, as failure to rely on her claim will render her child a mamzer. Therefore, in this case, Shmuel would rule that the halakha is in accordance with the opinion of Rabban Gamliel.

ืจืžื™ ืœื™ื” ืื‘ื™ื™ ืœืจื‘ื ื•ืžื™ ืืžืจ ืจื‘ื™ ื™ื”ื•ืฉืข ืื™ื ื” ื ืืžื ืช ื•ืจืžื™ื ื”ื• ื”ืขื™ื“ ืจื‘ื™ ื™ื”ื•ืฉืข ื•ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ืชื™ืจื ืขืœ ืืœืžื ืช ืขื™ืกื” ืฉื”ื™ื ื›ืฉืจื” ืœื›ื”ื•ื ื”

ยง Abaye raised a contradiction before Rava from a mishna (Eduyyot 10:3): Did Rabbi Yehoshua say that the woman is not deemed credible and her claim is not accepted? And the Gemara raises a contradiction: Rabbi Yehoshua and Rabbi Yehuda ben Beteira testified concerning the widow whose late husband was a member of a priestly family of questionable lineage [issa], that she is fit to marry into the priesthood. Since the matter is uncertain, the woman retains her presumptive status of fitness and her late husband is presumed to be of unflawed lineage.

ืืžืจ ืœื™ื” ื”ื›ื™ ื”ืฉืชื ื”ืชื ืืฉื” ื ื™ืฉืืช ื‘ื•ื“ืงืช ื•ื ื™ืฉืืช ื”ื›ื ืืฉื” ืžื–ื ื” ื‘ื•ื“ืงืช ื•ืžื–ื ื”

Rava said to him: How can these cases be compared? There, in the case of the widow, one could say: A woman who marries investigates the lineage of her prospective husband before the wedding and only then marries. Therefore, one may rely on her presumptive status of fitness and deem her fit to marry a priest. Here, can it be said that a woman who engages in licentious intercourse investigates the lineage of her partner and only then engages in licentious intercourse?

ืืžืจ ืจื‘ื ื“ืจื‘ื™ ื™ื”ื•ืฉืข ืื“ืจื‘ื™ ื™ื”ื•ืฉืข ืงืฉื™ื ื“ืจื‘ืŸ ื’ืžืœื™ืืœ ืื“ืจื‘ืŸ ื’ืžืœื™ืืœ ืœื ืงืฉื™ื ื•ื”ื ืงืชื ื™ ืกื™ืคื ืืžืจ ืœื”ืŸ ืจื‘ืŸ ื’ืžืœื™ืืœ ืงื‘ืœื ื• ืขื“ื•ืชื›ื ืื‘ืœ ืžื” ื ืขืฉื” ืฉื”ืจื™ ื’ื–ืจ ืจื‘ืŸ ื™ื•ื—ื ืŸ ื‘ืŸ ื–ื›ืื™ ืฉืœื ืœื”ื•ืฉื™ื‘ ื‘ื™ืช ื“ื™ืŸ ืขืœ ื›ืš ืฉื”ื›ื”ื ื™ื ืฉื•ืžืขื™ืŸ ืœื›ื ืœืจื—ืง ืื‘ืœ ืœื ืœืงืจื‘

Rava said with regard to the contradiction that was raised: Is the contradiction between one statement of Rabbi Yehoshua and another statement of Rabbi Yehoshua difficult, and the contradiction between one statement of Rabban Gamliel and another statement of Rabban Gamliel not difficult? But isnโ€™t it taught in the latter clause of that mishna with regard to the widow whose late husband was from a priestly family of questionable lineage that Rabban Gamliel said to them: We accept your testimony that this is the halakha, but what can we do, as Rabban Yoแธฅanan ben Zakkai decreed not to convene a court for this purpose of ruling the woman fit, because the priests obey you when your ruling calls to distance a woman of questionable lineage from marrying them, but not when your ruling calls to bring her near and deem her fit to marry them. Apparently, Rabban Gamliel did not accept the lenient ruling in the case of the widow, contrary to his statement here that she is accorded credibility.

ืืœื ืืžืจ ืจื‘ื ื“ืจื‘ืŸ ื’ืžืœื™ืืœ ืื“ืจื‘ืŸ ื’ืžืœื™ืืœ ืœื ืงืฉื™ื ื”ืชื ื‘ืจื™ ื”ื›ื ืฉืžื

Rather, Rava said: The contradiction between one statement of Rabban Gamliel and another statement of Rabban Gamliel is not difficult. There, in the case of the woman who engaged in intercourse with an unidentified man, her claim that the lineage of the man is unflawed is a certain claim. Here, in the case of the widow, her claim that his lineage is unflawed is an uncertain claim, because there is objective uncertainty with regard to his lineage.

ื“ืจื‘ื™ ื™ื”ื•ืฉืข ืื“ืจื‘ื™ ื™ื”ื•ืฉืข ื ืžื™ ืœื ืงืฉื™ื ื”ืชื ื—ื“ ืกืคื™ืงื ื”ื›ื ืชืจื™ ืกืคื™ืงื™

The contradiction between one statement of Rabbi Yehoshua and another statement of Rabbi Yehoshua is similarly not difficult. There, in the case of the woman who engaged in intercourse with an unidentified man, there is only one uncertainty: Is the lineage of the man with whom she engaged in intercourse flawed or unflawed? In the case of one uncertainty, the ruling is stringent. Here, in the case of the widow, there are two uncertainties with regard to the objective situation. It is established that there is uncertainty with regard to one of the members of the family whether or not he is a แธฅalal. The first uncertainty is whether her late husband is the member of that family with regard to whom the uncertainty exists. Even if it is established that her late husband is indeed the one with regard to whom the uncertainty exists, there remains an uncertainty whether he is in fact a แธฅalal.

ื”ืœื›ืš ืœืจื‘ืŸ ื’ืžืœื™ืืœ ืืœื™ื ืœื™ื” ื‘ืจื™ ื“ืืคื™ืœื• ื‘ื—ื“ ืกืคื™ืงื ื ืžื™ ืžื›ืฉื™ืจ ื•ืงื™ืœ ืœื™ื” ืฉืžื ื“ืืคื™ืœื• ื‘ืกืคืง ืกืคื™ืงื ื ืžื™ ืคืกื™ืœ ืœืจื‘ื™ ื™ื”ื•ืฉืข ืืœื™ื ืœื™ื” ื—ื“ ืกืคื™ืงื ื“ืืคื™ืœื• ื‘ื‘ืจื™ ื ืžื™ ืคืกื™ืœ ื•ืงื™ืœ ืœื™ื” ืกืคืง ืกืคื™ืงื ื“ืืคื™ืœื• ื‘ืฉืžื ื ืžื™ ืžื›ืฉื™ืจ

Therefore, according to Rabban Gamliel, a certain claim is so powerful for him that even in a case where there is one uncertainty, he also deems her fit to marry a priest. And an uncertain claim is so insignificant for him that even in a case where there is a compound uncertainty, he also deems her unfit to marry a priest. According to Rabbi Yehoshua, a case where there is one uncertainty is so powerful for him that even in a case where she makes a certain claim, he also deems her unfit. And the case of a compound uncertainty is so insignificant for him that even if she makes an uncertain claim, he also deems her fit.

ืชื ื• ืจื‘ื ืŸ ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉืื™ืŸ ื‘ื” ืœื ืžืฉื•ื ืžืžื–ืจื•ืช ื•ืœื ืžืฉื•ื ื ืชื™ื ื•ืช ื•ืœื ืžืฉื•ื ืขื‘ื“ื™ ืžืœื›ื™ื ืืžืจ ืจื‘ื™ ืžืื™ืจ

ยง Apropos the widow, the Rabbis taught: Who is the widow whose late husband was a member of a priestly family of questionable lineage and is fit to marry a priest? It is one who married into any family that does not have the status of being unfit, neither due to uncertain mamzer status, nor due to uncertain Gibeonite status, nor due to uncertain status as slaves of kings, who would force Jewish women, even daughters of priests, to marry them. Rabbi Meir said:

ืฉืžืขืชื™ ื›ืœ ืฉืื™ืŸ ื‘ื” ืื—ื“ ืžื›ืœ ืืœื• ืžืฉื™ืื™ืŸ ืœื›ื”ื•ื ื”

I heard that with regard to the widow of any family that has none of these uncertainties associated with it, one allows her to marry members of the priesthood. The only uncertainty where this ruling applies is in the case of uncertain แธฅalal status.

ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืืœืขื–ืจ ืื•ืžืจ ืžืฉื•ื ืจื‘ื™ ืžืื™ืจ ื•ื›ืŸ ื”ื™ื” ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืžื ืกื™ื ืื•ืžืจ ื›ื“ื‘ืจื™ื• ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉื ื˜ืžืข ื‘ื” ืกืคืง ื—ืœืœ

Rabbi Shimon ben Elazar says in the name of Rabbi Meir, and likewise Rabbi Shimon ben Menasya would say in accordance with his statement: Who is the widow whose late husband was a member of a priestly family of questionable lineage? It is a widow who marries into any family in which a person with regard to whom there is uncertainty whether or not he is a แธฅalal was assimilated among its members. Therefore, she is referred to as a widow of dough [issa]. Just as dough is the result of a mixture of several ingredients, this family too has a person with regard to whom there is uncertainty whether he is a แธฅalal mixed within it.

ืžื›ื™ืจื™ืŸ ื™ืฉืจืืœ ืžืžื–ืจื™ื ืฉื‘ื™ื ื™ื”ื ื•ืื™ืŸ ืžื›ื™ืจื™ืŸ ื—ืœืœื™ืŸ ืฉื‘ื™ื ื™ื”ื

The reason for the distinction between uncertain แธฅalal status and uncertain mamzer status is that Jews identify the mamzerim that are among them, and there is no concern lest they assimilate into families of unflawed lineage. But they do not identify the แธฅalalin among them. Therefore, there is concern lest a แธฅalal assimilate into the family.

ืืžืจ ืžืจ ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉืื™ืŸ ื‘ื” ืœื ืžืฉื•ื ืžืžื–ืจื•ืช ื•ืœื ืžืฉื•ื ื ืชื™ื ื•ืช ื•ืœื ืžืฉื•ื ืขื‘ื“ื™ ืžืœื›ื™ื ื”ื ื—ืœืœ ื›ืฉืจ

The Gemara analyzes the baraita. The Master said in the baraita: Who is the widow whose late husband was a member of a priestly family of questionable lineage? It is one who married into any family that does not have the status of being unfit, neither due to uncertain mamzer status, nor due to uncertain Gibeonite status, nor due to uncertain status as slaves of kings. The Gemara infers: However, if it is due to uncertain แธฅalal status, her marriage to a priest is deemed fit.

ืžืื™ ืฉื ื ื”ื ืš ื“ืื•ืจื™ื™ืชื ื—ืœืœ ื ืžื™ ื“ืื•ืจื™ื™ืชื ื•ืชื• ืืžืจ ืจื‘ื™ ืžืื™ืจ ืฉืžืขืชื™ ื›ืœ ืฉืื™ืŸ ื‘ื” ืื—ื“ ืžื›ืœ ืืœื• ืžืฉื™ืื™ืŸ ืœื›ื”ื•ื ื” ื”ื™ื™ื ื• ืชื ื ืงืžื

The Gemara asks: What is different about these flaws in lineage, uncertain mamzer status and Gibeonite status, which render her unfit to marry a priest by Torah law? A แธฅalal also renders her unfit by Torah law. And furthermore, the baraita continues: Rabbi Meir said: I heard that with regard to the widow of any family that has none of these uncertainties associated with it, one marries her to members of the priesthood. That is identical to the opinion of the first tanna. If there is uncertainty with regard to one in the late husbandโ€™s family that he is a mamzer or a Gibeonite, she is unfit to marry a priest; if the uncertainty is with regard to แธฅalal status, she is fit to marry a priest. What novel element does Rabbi Meir introduce?

ื•ืชื• ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืืœืขื–ืจ ืื•ืžืจ ืžืฉื•ื ืจื‘ื™ ืžืื™ืจ ื•ื›ืŸ ื”ื™ื” ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืžื ืกื™ื ืื•ืžืจ ื›ื“ื‘ืจื™ื• ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉื ื˜ืžืข ื‘ื” ืกืคืง ื—ืœืœ ืžื›ื™ืจื™ืŸ ื™ืฉืจืืœ ืžืžื–ืจื™ื ืฉื‘ื™ื ื™ื”ืŸ ื•ืื™ืŸ ืžื›ื™ืจื™ืŸ ื—ืœืœื™ืŸ ืฉื‘ื™ื ื™ื”ืŸ ื•ื”ื ืืžืจืช ืจื™ืฉื ื—ืœืœ ื›ืฉืจ

The baraita continues: And furthermore, Rabbi Shimon ben Elazar says in the name of Rabbi Meir, and likewise, Rabbi Shimon ben Menasya would say in accordance with his statement: Who is the widow whose late husband was a member of a priestly family of questionable lineage? It is a widow who marries into any family in which a person with regard to whom there is uncertainty whether or not he is a แธฅalal was assimilated. Because Jews identify the mamzerim that are among them there is no concern that they will assimilate into families of unflawed lineage, but Jews do not identify the แธฅalalin among them. Due to the concern that a แธฅalal assimilated into the family, the widow is unfit to marry a priest. The Gemara asks: But didnโ€™t you say in the first clause of the baraita that if there is uncertainty whether or not a แธฅalal was assimilated among its members, her marriage to a priest is deemed fit?

ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืžืžื–ืจ ืฆื•ื•ื— ื•ื—ืœืœ ืฉื•ืชืง ืื™ื›ื ื‘ื™ื ื™ื™ื”ื• ืชื ื ืงืžื ืกื‘ืจ ื›ืœ ืคืกื•ืœ ื“ืงืจื• ืœื™ื” ื•ืฉืชื™ืง ืคืกื•ืœ ื•ื”ื›ื™ ืงืืžืจ ืชื ื ืงืžื ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉืื™ืŸ ื‘ื” ืœื ืฉืชื•ืง ืžืžื–ืจื•ืช ื•ืœื ืฉืชื•ืง ื ืชื™ื ื•ืช ื•ืœื ืฉืชื•ืง ืขื‘ื“ื™ ืžืœื›ื™ื ื•ืœื ืฉืชื•ืง ื—ืœืœ

Rabbi Yoแธฅanan said: The case of one who when called mamzer screams and protests that he is being slandered, and when called แธฅalal is silent, is the subject of the dispute between the tannaโ€™im in the baraita. The first tanna holds: Anyone who when others call him unfit and he is silent, is unfit, as his silence confirms the allegation. And this is what the first tanna is saying: Who is the widow whose late husband was a member of a priestly family of questionable lineage, who is fit to marry a priest? It is one who married into any family that has neither unfitness due to silence in response to allegations of mamzer status, nor silence in response to allegations of Gibeonite status, nor silence in response to allegations that they are slaves of kings, nor silence in response to allegations of แธฅalal status. Only a woman who was married into a family that protested in response to all these allegations is fit to marry a priest.

ื•ืงืืžืจ ืœื™ื” ืจื‘ื™ ืžืื™ืจ ื”ื ืš ื”ื•ื ื“ืงื ืคืกื™ืœ ืœื™ื” ื‘ืงื”ืœ ืื‘ืœ ืฉืชื•ืง ื—ืœืœ ื›ืฉืจ ื•ื”ื ื“ืฉืชื™ืง ืžืฉื•ื ื“ืœื ืื™ื›ืคืช ืœื™ื”

And Rabbi Meir is saying to him: Specifically, each of those silent in response to allegations of mamzer or Gibeonite status or allegations that they are slaves of kings are rendered unfit because these allegations render him unfit to marry into the congregation of Israel. However, despite silence in response to allegations of แธฅalal status, her marriage to a priest is deemed fit. And the fact that he is silent is due to his indifference, as even were he deemed a แธฅalal the only restriction would be with regard to marriage to priests.

ื•ืงืืžืจ ืœื™ื” ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืืœืขื–ืจ ืœืชื ื ืงืžื ื“ืจื‘ื™ ืžืื™ืจ ืื™ ืฉืžื™ืข ืœืš ื“ืžื›ืฉืจ ืจื‘ื™ ืžืื™ืจ ื‘ืฉืชื™ืงื” ืœื ื“ืงืจื• ืœื™ื” ื—ืœืœ ื•ืฉืชื™ืง ืืœื ื“ืงืจื• ืœื™ื” ืžืžื–ืจ ื•ืฉืชื™ืง ื•ื”ืื™ ื“ืฉืชื™ืง ืกื‘ืจ ืžืžื–ืจ ืงืœื ืื™ืช ืœื™ื” ืื‘ืœ ืžืžื–ืจ ื•ืฆื•ื•ื— ื—ืœืœ ื•ืฉื•ืชืง ืคืกื•ืœ ื•ื”ืื™ ื“ืืฉืชื™ืง ืกื‘ืจ ืžื™ืกืชื™ื™ื” ื“ืœื ืžืคืงื™ ืœื™ื” ืžืงื”ืœ

And Rabbi Shimon ben Elazar is saying to the first tanna who quoted Rabbi Meir as saying: I heard, etc. If you heard that Rabbi Meir deems her marriage to a priest fit, in a case of silence in response to allegations, it is not in a case where they called him แธฅalal and he is silent; rather, it is in a case where they call him mamzer and he is silent. In that case, the reason he is silent is that he holds: The fact that one is a mamzer generates publicity, and since he is not reputed to be a mamzer, he is indifferent to the allegation. However, in a case where he is called mamzer and he screams in protest, or where he is called แธฅalal and he is silent, he is unfit. And the fact that he is silent and does not protest is because he holds: It is sufficient for him that they do not expel him from the congregation of Israel.

ืชื ื™ ื—ื“ื ืจื‘ื™ ื™ื•ืกื™ ืื•ืžืจ ืฉืชื•ืง ืžืžื–ืจ ื›ืฉืจ ืฉืชื•ืง ื—ืœืœ ืคืกื•ืœ ื•ืชื ื™ื ืื™ื“ืš ืฉืชื•ืง ื—ืœืœ ื›ืฉืจ ืฉืชื•ืง ืžืžื–ืจ ืคืกื•ืœ

The Gemara notes: It is taught in one baraita that Rabbi Yosei says: Despite the fact that with silence in response to allegations of mamzer one is fit; silence in response to allegations of แธฅalal renders one unfit. It is taught in another baraita: Despite the fact that with silence in response to allegations of แธฅalal one is fit; silence in response to allegations of mamzer renders one unfit.

ืœื ืงืฉื™ื ื”ื ืชื ื ืงืžื ืืœื™ื‘ื ื“ืจื‘ื™ ืžืื™ืจ ื”ื ื“ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืืœืขื–ืจ ืืœื™ื‘ื ื“ืจื‘ื™ ืžืื™ืจ

The Gemara explains: The contradiction between the baraitot is not difficult. This second baraita is the opinion of the first tanna in accordance with the opinion of Rabbi Meir, who holds that silence in response to allegations of แธฅalal does not render one unfit. And this first baraita is the opinion of Rabbi Shimon ben Elazar in accordance with the opinion of Rabbi Meir, who holds that silence in response to allegations of mamzer is motivated by indifference and does not render him unfit; however, silence in response to allegations of แธฅalal is an indication that the allegations are true and he is unfit.

ืžืชื ื™ืณ ืืžืจ ืจื‘ื™ ื™ื•ืกื™ ืžืขืฉื” ื‘ืชื™ื ื•ืงืช ืฉื™ืจื“ื” ืœืžืœืื•ืช ืžื™ื ืžืŸ ื”ืขื™ืŸ ื•ื ืื ืกื” ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ื‘ืŸ ื ื•ืจื™ ืื ืจื•ื‘ ืื ืฉื™ ื”ืขื™ืจ ืžืฉื™ืื™ืŸ ืœื›ื”ื•ื ื” ื”ืจื™ ื–ื• ืชื™ื ืฉื ืœื›ื”ื•ื ื”

MISHNA: Rabbi Yosei said: There was an incident involving a young girl who descended to fill her jug with water from the spring, and she was raped, and the identity of the rapist was unknown. Rabbi Yoแธฅanan ben Nuri said: If the majority of the people of the city marry their daughters to members of the priesthood, this young girl may be married to a member of the priesthood.

ื’ืžืณ ืืžืจ ืœื™ื” ืจื‘ื ืœืจื‘ ื ื—ืžืŸ ืจื‘ื™ ื™ื•ื—ื ืŸ ื‘ืŸ ื ื•ืจื™ ื“ืืžืจ ื›ืžืืŸ ืื™ ื›ืจื‘ืŸ ื’ืžืœื™ืืœ ืืคื™ืœื• ื‘ืจื•ื‘ ืคืกื•ืœื™ืŸ ื ืžื™ ืžื›ืฉืจ ืื™ ื›ืจื‘ื™ ื™ื”ื•ืฉืข ืืคื™ืœื• ื‘ืจื•ื‘ ื›ืฉืจื™ื ื ืžื™ ืคืกื™ืœ ืืžืจ ืœื™ื” ื”ื›ื™ ืืžืจ ืจื‘ ื™ื”ื•ื“ื” ืืžืจ ืจื‘

GEMARA: Rava said to Rav Naแธฅman: In accordance with whose opinion is it that Rabbi Yoแธฅanan ben Nuri stated his opinion? If it is in accordance with the opinion of Rabban Gamliel, even in a case where the majority of the people are of flawed lineage as well, he deems her fit to marry into the priesthood. If it is in accordance with the opinion of Rabbi Yehoshua, even in a case where the majority of the people are of unflawed lineage, he deems her unfit to marry into the priesthood. Rav Naแธฅman said to Rava that this is what Rav Yehuda said that Rav said:

  • Masechet Ketubot is sponsored by Erica and Rob Schwartz in honor of the 50th wedding anniversary of Erica's parents Sheira and Steve Schacter.

  • This month's learning is sponsored by the Kessler, Wolkenfeld and Grossman families in loving memory of Mia Rose bat Matan Yehoshua vโ€™ Elana Malka. "ื” ื ืชืŸ ื•ื” ืœืงื—. ื™ื”ื™ ืฉื ื” ืžื‘ื•ืจืš"

  • This month's shiurim are sponsored by Shoshana Shur for the refuah shleima of Meira Bat Zelda Zahava.

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Ketubot 14

ืื™ืŸ ืžื™ื ืื™ ืืžืจ ืจื‘ ื™ื•ืกืฃ ืœืžืื™ ื ื™ื—ื•ืฉ ืœื” ื—ื“ื ื“ื”ื ืงื ืžื•ื“ื” ื•ืขื•ื“ ื”ื ืืžืจ ืจื‘ ื™ื”ื•ื“ื” ืืžืจ ืฉืžื•ืืœ ื”ืœื›ื” ื›ืจื‘ืŸ ื’ืžืœื™ืืœ

Yes, she conceived from relations with me. Rav Yosef said: The ruling here is clear, as with regard to what suspicion need we be concerned? First, he concedes that he is the father. And furthermore, didnโ€™t Rav Yehuda say that Shmuel said: The halakha is in accordance with the opinion of Rabban Gamliel, and even if he didnโ€™t admit that the child was his, the womanโ€™s claim is accorded credibility?

ืืžืจ ืœื™ื” ืื‘ื™ื™ ื•ื‘ื”ื ื›ื™ ืœื ืžื•ื“ื” ืžื›ืฉืจ ืจื‘ืŸ ื’ืžืœื™ืืœ ื•ื”ืืžืจ ืœื™ื” ืฉืžื•ืืœ ืœืจื‘ ื™ื”ื•ื“ื” ืฉื™ื ื ื ื”ืœื›ื” ื›ืจื‘ืŸ ื’ืžืœื™ืืœ ื•ืืช ืœื ืชืขื‘ื™ื“ ืขื•ื‘ื“ื ืขื“ ื“ืื™ื›ื ืจื•ื‘ ื›ืฉืจื™ืŸ ืืฆืœื” ื•ื”ื›ื ืจื•ื‘ ืคืกื•ืœื™ืŸ ืืฆืœื”

Abaye said to him: And in this case, based on the fact that you cited two reasons to deem the child fit, is that to say when he does not admit that he is the father Rabban Gamliel deems the child fit? But didnโ€™t Shmuel say to Rav Yehuda: Big-toothed one, the halakha is in accordance with the opinion of Rabban Gamliel, i.e., that she is accorded credibility, but you should not perform an action based on this ruling unless the majority of the men in her proximity are honorable and of impeccable lineage, corroborating her claim. And here, since she is betrothed, the majority of the men in her proximity are unfit, as a child fathered by any man other than her betrothed is a mamzer. Shmuel should not have ruled that the halakha was in accordance with the opinion of Rabban Gamliel.

ื•ืœื™ื˜ืขืžื™ืš ืชืงืฉื™ ืœืš ื”ื™ื ื’ื•ืคื ื”ืœื›ื” ื•ืืช ืœื ืชืขื‘ื™ื“ ืขื•ื‘ื“ื ืืœื ืžืื™ ืื™ืช ืœืš ืœืžื™ืžืจ ื”ื ืœื›ืชื—ืœื” ื”ื ื“ื™ืขื‘ื“ ื•ื”ื ื ืžื™ ื›ื“ื™ืขื‘ื“ ื“ืžื™

Rav Yosef said to Abaye: And according to your reasoning, the halakha itself should pose a difficulty for you, as on the one hand Shmuel rules that it is the halakha and on the other hand he adds: But you should not perform an action based on this ruling. Rather, what have you to say to explain this contradiction? This statement that one relies on the womanโ€™s claim only if a majority of men in her proximity are of unflawed lineage is ab initio. That statement that one may rely on the womanโ€™s claim regardless of the status on the men in her proximity is after the fact. And this case of the betrothed woman, too, is like a case after the fact, as failure to rely on her claim will render her child a mamzer. Therefore, in this case, Shmuel would rule that the halakha is in accordance with the opinion of Rabban Gamliel.

ืจืžื™ ืœื™ื” ืื‘ื™ื™ ืœืจื‘ื ื•ืžื™ ืืžืจ ืจื‘ื™ ื™ื”ื•ืฉืข ืื™ื ื” ื ืืžื ืช ื•ืจืžื™ื ื”ื• ื”ืขื™ื“ ืจื‘ื™ ื™ื”ื•ืฉืข ื•ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ืชื™ืจื ืขืœ ืืœืžื ืช ืขื™ืกื” ืฉื”ื™ื ื›ืฉืจื” ืœื›ื”ื•ื ื”

ยง Abaye raised a contradiction before Rava from a mishna (Eduyyot 10:3): Did Rabbi Yehoshua say that the woman is not deemed credible and her claim is not accepted? And the Gemara raises a contradiction: Rabbi Yehoshua and Rabbi Yehuda ben Beteira testified concerning the widow whose late husband was a member of a priestly family of questionable lineage [issa], that she is fit to marry into the priesthood. Since the matter is uncertain, the woman retains her presumptive status of fitness and her late husband is presumed to be of unflawed lineage.

ืืžืจ ืœื™ื” ื”ื›ื™ ื”ืฉืชื ื”ืชื ืืฉื” ื ื™ืฉืืช ื‘ื•ื“ืงืช ื•ื ื™ืฉืืช ื”ื›ื ืืฉื” ืžื–ื ื” ื‘ื•ื“ืงืช ื•ืžื–ื ื”

Rava said to him: How can these cases be compared? There, in the case of the widow, one could say: A woman who marries investigates the lineage of her prospective husband before the wedding and only then marries. Therefore, one may rely on her presumptive status of fitness and deem her fit to marry a priest. Here, can it be said that a woman who engages in licentious intercourse investigates the lineage of her partner and only then engages in licentious intercourse?

ืืžืจ ืจื‘ื ื“ืจื‘ื™ ื™ื”ื•ืฉืข ืื“ืจื‘ื™ ื™ื”ื•ืฉืข ืงืฉื™ื ื“ืจื‘ืŸ ื’ืžืœื™ืืœ ืื“ืจื‘ืŸ ื’ืžืœื™ืืœ ืœื ืงืฉื™ื ื•ื”ื ืงืชื ื™ ืกื™ืคื ืืžืจ ืœื”ืŸ ืจื‘ืŸ ื’ืžืœื™ืืœ ืงื‘ืœื ื• ืขื“ื•ืชื›ื ืื‘ืœ ืžื” ื ืขืฉื” ืฉื”ืจื™ ื’ื–ืจ ืจื‘ืŸ ื™ื•ื—ื ืŸ ื‘ืŸ ื–ื›ืื™ ืฉืœื ืœื”ื•ืฉื™ื‘ ื‘ื™ืช ื“ื™ืŸ ืขืœ ื›ืš ืฉื”ื›ื”ื ื™ื ืฉื•ืžืขื™ืŸ ืœื›ื ืœืจื—ืง ืื‘ืœ ืœื ืœืงืจื‘

Rava said with regard to the contradiction that was raised: Is the contradiction between one statement of Rabbi Yehoshua and another statement of Rabbi Yehoshua difficult, and the contradiction between one statement of Rabban Gamliel and another statement of Rabban Gamliel not difficult? But isnโ€™t it taught in the latter clause of that mishna with regard to the widow whose late husband was from a priestly family of questionable lineage that Rabban Gamliel said to them: We accept your testimony that this is the halakha, but what can we do, as Rabban Yoแธฅanan ben Zakkai decreed not to convene a court for this purpose of ruling the woman fit, because the priests obey you when your ruling calls to distance a woman of questionable lineage from marrying them, but not when your ruling calls to bring her near and deem her fit to marry them. Apparently, Rabban Gamliel did not accept the lenient ruling in the case of the widow, contrary to his statement here that she is accorded credibility.

ืืœื ืืžืจ ืจื‘ื ื“ืจื‘ืŸ ื’ืžืœื™ืืœ ืื“ืจื‘ืŸ ื’ืžืœื™ืืœ ืœื ืงืฉื™ื ื”ืชื ื‘ืจื™ ื”ื›ื ืฉืžื

Rather, Rava said: The contradiction between one statement of Rabban Gamliel and another statement of Rabban Gamliel is not difficult. There, in the case of the woman who engaged in intercourse with an unidentified man, her claim that the lineage of the man is unflawed is a certain claim. Here, in the case of the widow, her claim that his lineage is unflawed is an uncertain claim, because there is objective uncertainty with regard to his lineage.

ื“ืจื‘ื™ ื™ื”ื•ืฉืข ืื“ืจื‘ื™ ื™ื”ื•ืฉืข ื ืžื™ ืœื ืงืฉื™ื ื”ืชื ื—ื“ ืกืคื™ืงื ื”ื›ื ืชืจื™ ืกืคื™ืงื™

The contradiction between one statement of Rabbi Yehoshua and another statement of Rabbi Yehoshua is similarly not difficult. There, in the case of the woman who engaged in intercourse with an unidentified man, there is only one uncertainty: Is the lineage of the man with whom she engaged in intercourse flawed or unflawed? In the case of one uncertainty, the ruling is stringent. Here, in the case of the widow, there are two uncertainties with regard to the objective situation. It is established that there is uncertainty with regard to one of the members of the family whether or not he is a แธฅalal. The first uncertainty is whether her late husband is the member of that family with regard to whom the uncertainty exists. Even if it is established that her late husband is indeed the one with regard to whom the uncertainty exists, there remains an uncertainty whether he is in fact a แธฅalal.

ื”ืœื›ืš ืœืจื‘ืŸ ื’ืžืœื™ืืœ ืืœื™ื ืœื™ื” ื‘ืจื™ ื“ืืคื™ืœื• ื‘ื—ื“ ืกืคื™ืงื ื ืžื™ ืžื›ืฉื™ืจ ื•ืงื™ืœ ืœื™ื” ืฉืžื ื“ืืคื™ืœื• ื‘ืกืคืง ืกืคื™ืงื ื ืžื™ ืคืกื™ืœ ืœืจื‘ื™ ื™ื”ื•ืฉืข ืืœื™ื ืœื™ื” ื—ื“ ืกืคื™ืงื ื“ืืคื™ืœื• ื‘ื‘ืจื™ ื ืžื™ ืคืกื™ืœ ื•ืงื™ืœ ืœื™ื” ืกืคืง ืกืคื™ืงื ื“ืืคื™ืœื• ื‘ืฉืžื ื ืžื™ ืžื›ืฉื™ืจ

Therefore, according to Rabban Gamliel, a certain claim is so powerful for him that even in a case where there is one uncertainty, he also deems her fit to marry a priest. And an uncertain claim is so insignificant for him that even in a case where there is a compound uncertainty, he also deems her unfit to marry a priest. According to Rabbi Yehoshua, a case where there is one uncertainty is so powerful for him that even in a case where she makes a certain claim, he also deems her unfit. And the case of a compound uncertainty is so insignificant for him that even if she makes an uncertain claim, he also deems her fit.

ืชื ื• ืจื‘ื ืŸ ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉืื™ืŸ ื‘ื” ืœื ืžืฉื•ื ืžืžื–ืจื•ืช ื•ืœื ืžืฉื•ื ื ืชื™ื ื•ืช ื•ืœื ืžืฉื•ื ืขื‘ื“ื™ ืžืœื›ื™ื ืืžืจ ืจื‘ื™ ืžืื™ืจ

ยง Apropos the widow, the Rabbis taught: Who is the widow whose late husband was a member of a priestly family of questionable lineage and is fit to marry a priest? It is one who married into any family that does not have the status of being unfit, neither due to uncertain mamzer status, nor due to uncertain Gibeonite status, nor due to uncertain status as slaves of kings, who would force Jewish women, even daughters of priests, to marry them. Rabbi Meir said:

ืฉืžืขืชื™ ื›ืœ ืฉืื™ืŸ ื‘ื” ืื—ื“ ืžื›ืœ ืืœื• ืžืฉื™ืื™ืŸ ืœื›ื”ื•ื ื”

I heard that with regard to the widow of any family that has none of these uncertainties associated with it, one allows her to marry members of the priesthood. The only uncertainty where this ruling applies is in the case of uncertain แธฅalal status.

ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืืœืขื–ืจ ืื•ืžืจ ืžืฉื•ื ืจื‘ื™ ืžืื™ืจ ื•ื›ืŸ ื”ื™ื” ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืžื ืกื™ื ืื•ืžืจ ื›ื“ื‘ืจื™ื• ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉื ื˜ืžืข ื‘ื” ืกืคืง ื—ืœืœ

Rabbi Shimon ben Elazar says in the name of Rabbi Meir, and likewise Rabbi Shimon ben Menasya would say in accordance with his statement: Who is the widow whose late husband was a member of a priestly family of questionable lineage? It is a widow who marries into any family in which a person with regard to whom there is uncertainty whether or not he is a แธฅalal was assimilated among its members. Therefore, she is referred to as a widow of dough [issa]. Just as dough is the result of a mixture of several ingredients, this family too has a person with regard to whom there is uncertainty whether he is a แธฅalal mixed within it.

ืžื›ื™ืจื™ืŸ ื™ืฉืจืืœ ืžืžื–ืจื™ื ืฉื‘ื™ื ื™ื”ื ื•ืื™ืŸ ืžื›ื™ืจื™ืŸ ื—ืœืœื™ืŸ ืฉื‘ื™ื ื™ื”ื

The reason for the distinction between uncertain แธฅalal status and uncertain mamzer status is that Jews identify the mamzerim that are among them, and there is no concern lest they assimilate into families of unflawed lineage. But they do not identify the แธฅalalin among them. Therefore, there is concern lest a แธฅalal assimilate into the family.

ืืžืจ ืžืจ ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉืื™ืŸ ื‘ื” ืœื ืžืฉื•ื ืžืžื–ืจื•ืช ื•ืœื ืžืฉื•ื ื ืชื™ื ื•ืช ื•ืœื ืžืฉื•ื ืขื‘ื“ื™ ืžืœื›ื™ื ื”ื ื—ืœืœ ื›ืฉืจ

The Gemara analyzes the baraita. The Master said in the baraita: Who is the widow whose late husband was a member of a priestly family of questionable lineage? It is one who married into any family that does not have the status of being unfit, neither due to uncertain mamzer status, nor due to uncertain Gibeonite status, nor due to uncertain status as slaves of kings. The Gemara infers: However, if it is due to uncertain แธฅalal status, her marriage to a priest is deemed fit.

ืžืื™ ืฉื ื ื”ื ืš ื“ืื•ืจื™ื™ืชื ื—ืœืœ ื ืžื™ ื“ืื•ืจื™ื™ืชื ื•ืชื• ืืžืจ ืจื‘ื™ ืžืื™ืจ ืฉืžืขืชื™ ื›ืœ ืฉืื™ืŸ ื‘ื” ืื—ื“ ืžื›ืœ ืืœื• ืžืฉื™ืื™ืŸ ืœื›ื”ื•ื ื” ื”ื™ื™ื ื• ืชื ื ืงืžื

The Gemara asks: What is different about these flaws in lineage, uncertain mamzer status and Gibeonite status, which render her unfit to marry a priest by Torah law? A แธฅalal also renders her unfit by Torah law. And furthermore, the baraita continues: Rabbi Meir said: I heard that with regard to the widow of any family that has none of these uncertainties associated with it, one marries her to members of the priesthood. That is identical to the opinion of the first tanna. If there is uncertainty with regard to one in the late husbandโ€™s family that he is a mamzer or a Gibeonite, she is unfit to marry a priest; if the uncertainty is with regard to แธฅalal status, she is fit to marry a priest. What novel element does Rabbi Meir introduce?

ื•ืชื• ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืืœืขื–ืจ ืื•ืžืจ ืžืฉื•ื ืจื‘ื™ ืžืื™ืจ ื•ื›ืŸ ื”ื™ื” ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืžื ืกื™ื ืื•ืžืจ ื›ื“ื‘ืจื™ื• ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉื ื˜ืžืข ื‘ื” ืกืคืง ื—ืœืœ ืžื›ื™ืจื™ืŸ ื™ืฉืจืืœ ืžืžื–ืจื™ื ืฉื‘ื™ื ื™ื”ืŸ ื•ืื™ืŸ ืžื›ื™ืจื™ืŸ ื—ืœืœื™ืŸ ืฉื‘ื™ื ื™ื”ืŸ ื•ื”ื ืืžืจืช ืจื™ืฉื ื—ืœืœ ื›ืฉืจ

The baraita continues: And furthermore, Rabbi Shimon ben Elazar says in the name of Rabbi Meir, and likewise, Rabbi Shimon ben Menasya would say in accordance with his statement: Who is the widow whose late husband was a member of a priestly family of questionable lineage? It is a widow who marries into any family in which a person with regard to whom there is uncertainty whether or not he is a แธฅalal was assimilated. Because Jews identify the mamzerim that are among them there is no concern that they will assimilate into families of unflawed lineage, but Jews do not identify the แธฅalalin among them. Due to the concern that a แธฅalal assimilated into the family, the widow is unfit to marry a priest. The Gemara asks: But didnโ€™t you say in the first clause of the baraita that if there is uncertainty whether or not a แธฅalal was assimilated among its members, her marriage to a priest is deemed fit?

ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืžืžื–ืจ ืฆื•ื•ื— ื•ื—ืœืœ ืฉื•ืชืง ืื™ื›ื ื‘ื™ื ื™ื™ื”ื• ืชื ื ืงืžื ืกื‘ืจ ื›ืœ ืคืกื•ืœ ื“ืงืจื• ืœื™ื” ื•ืฉืชื™ืง ืคืกื•ืœ ื•ื”ื›ื™ ืงืืžืจ ืชื ื ืงืžื ืื™ื–ื•ื”ื™ ืืœืžื ืช ืขื™ืกื” ื›ืœ ืฉืื™ืŸ ื‘ื” ืœื ืฉืชื•ืง ืžืžื–ืจื•ืช ื•ืœื ืฉืชื•ืง ื ืชื™ื ื•ืช ื•ืœื ืฉืชื•ืง ืขื‘ื“ื™ ืžืœื›ื™ื ื•ืœื ืฉืชื•ืง ื—ืœืœ

Rabbi Yoแธฅanan said: The case of one who when called mamzer screams and protests that he is being slandered, and when called แธฅalal is silent, is the subject of the dispute between the tannaโ€™im in the baraita. The first tanna holds: Anyone who when others call him unfit and he is silent, is unfit, as his silence confirms the allegation. And this is what the first tanna is saying: Who is the widow whose late husband was a member of a priestly family of questionable lineage, who is fit to marry a priest? It is one who married into any family that has neither unfitness due to silence in response to allegations of mamzer status, nor silence in response to allegations of Gibeonite status, nor silence in response to allegations that they are slaves of kings, nor silence in response to allegations of แธฅalal status. Only a woman who was married into a family that protested in response to all these allegations is fit to marry a priest.

ื•ืงืืžืจ ืœื™ื” ืจื‘ื™ ืžืื™ืจ ื”ื ืš ื”ื•ื ื“ืงื ืคืกื™ืœ ืœื™ื” ื‘ืงื”ืœ ืื‘ืœ ืฉืชื•ืง ื—ืœืœ ื›ืฉืจ ื•ื”ื ื“ืฉืชื™ืง ืžืฉื•ื ื“ืœื ืื™ื›ืคืช ืœื™ื”

And Rabbi Meir is saying to him: Specifically, each of those silent in response to allegations of mamzer or Gibeonite status or allegations that they are slaves of kings are rendered unfit because these allegations render him unfit to marry into the congregation of Israel. However, despite silence in response to allegations of แธฅalal status, her marriage to a priest is deemed fit. And the fact that he is silent is due to his indifference, as even were he deemed a แธฅalal the only restriction would be with regard to marriage to priests.

ื•ืงืืžืจ ืœื™ื” ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืืœืขื–ืจ ืœืชื ื ืงืžื ื“ืจื‘ื™ ืžืื™ืจ ืื™ ืฉืžื™ืข ืœืš ื“ืžื›ืฉืจ ืจื‘ื™ ืžืื™ืจ ื‘ืฉืชื™ืงื” ืœื ื“ืงืจื• ืœื™ื” ื—ืœืœ ื•ืฉืชื™ืง ืืœื ื“ืงืจื• ืœื™ื” ืžืžื–ืจ ื•ืฉืชื™ืง ื•ื”ืื™ ื“ืฉืชื™ืง ืกื‘ืจ ืžืžื–ืจ ืงืœื ืื™ืช ืœื™ื” ืื‘ืœ ืžืžื–ืจ ื•ืฆื•ื•ื— ื—ืœืœ ื•ืฉื•ืชืง ืคืกื•ืœ ื•ื”ืื™ ื“ืืฉืชื™ืง ืกื‘ืจ ืžื™ืกืชื™ื™ื” ื“ืœื ืžืคืงื™ ืœื™ื” ืžืงื”ืœ

And Rabbi Shimon ben Elazar is saying to the first tanna who quoted Rabbi Meir as saying: I heard, etc. If you heard that Rabbi Meir deems her marriage to a priest fit, in a case of silence in response to allegations, it is not in a case where they called him แธฅalal and he is silent; rather, it is in a case where they call him mamzer and he is silent. In that case, the reason he is silent is that he holds: The fact that one is a mamzer generates publicity, and since he is not reputed to be a mamzer, he is indifferent to the allegation. However, in a case where he is called mamzer and he screams in protest, or where he is called แธฅalal and he is silent, he is unfit. And the fact that he is silent and does not protest is because he holds: It is sufficient for him that they do not expel him from the congregation of Israel.

ืชื ื™ ื—ื“ื ืจื‘ื™ ื™ื•ืกื™ ืื•ืžืจ ืฉืชื•ืง ืžืžื–ืจ ื›ืฉืจ ืฉืชื•ืง ื—ืœืœ ืคืกื•ืœ ื•ืชื ื™ื ืื™ื“ืš ืฉืชื•ืง ื—ืœืœ ื›ืฉืจ ืฉืชื•ืง ืžืžื–ืจ ืคืกื•ืœ

The Gemara notes: It is taught in one baraita that Rabbi Yosei says: Despite the fact that with silence in response to allegations of mamzer one is fit; silence in response to allegations of แธฅalal renders one unfit. It is taught in another baraita: Despite the fact that with silence in response to allegations of แธฅalal one is fit; silence in response to allegations of mamzer renders one unfit.

ืœื ืงืฉื™ื ื”ื ืชื ื ืงืžื ืืœื™ื‘ื ื“ืจื‘ื™ ืžืื™ืจ ื”ื ื“ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ืืœืขื–ืจ ืืœื™ื‘ื ื“ืจื‘ื™ ืžืื™ืจ

The Gemara explains: The contradiction between the baraitot is not difficult. This second baraita is the opinion of the first tanna in accordance with the opinion of Rabbi Meir, who holds that silence in response to allegations of แธฅalal does not render one unfit. And this first baraita is the opinion of Rabbi Shimon ben Elazar in accordance with the opinion of Rabbi Meir, who holds that silence in response to allegations of mamzer is motivated by indifference and does not render him unfit; however, silence in response to allegations of แธฅalal is an indication that the allegations are true and he is unfit.

ืžืชื ื™ืณ ืืžืจ ืจื‘ื™ ื™ื•ืกื™ ืžืขืฉื” ื‘ืชื™ื ื•ืงืช ืฉื™ืจื“ื” ืœืžืœืื•ืช ืžื™ื ืžืŸ ื”ืขื™ืŸ ื•ื ืื ืกื” ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ื‘ืŸ ื ื•ืจื™ ืื ืจื•ื‘ ืื ืฉื™ ื”ืขื™ืจ ืžืฉื™ืื™ืŸ ืœื›ื”ื•ื ื” ื”ืจื™ ื–ื• ืชื™ื ืฉื ืœื›ื”ื•ื ื”

MISHNA: Rabbi Yosei said: There was an incident involving a young girl who descended to fill her jug with water from the spring, and she was raped, and the identity of the rapist was unknown. Rabbi Yoแธฅanan ben Nuri said: If the majority of the people of the city marry their daughters to members of the priesthood, this young girl may be married to a member of the priesthood.

ื’ืžืณ ืืžืจ ืœื™ื” ืจื‘ื ืœืจื‘ ื ื—ืžืŸ ืจื‘ื™ ื™ื•ื—ื ืŸ ื‘ืŸ ื ื•ืจื™ ื“ืืžืจ ื›ืžืืŸ ืื™ ื›ืจื‘ืŸ ื’ืžืœื™ืืœ ืืคื™ืœื• ื‘ืจื•ื‘ ืคืกื•ืœื™ืŸ ื ืžื™ ืžื›ืฉืจ ืื™ ื›ืจื‘ื™ ื™ื”ื•ืฉืข ืืคื™ืœื• ื‘ืจื•ื‘ ื›ืฉืจื™ื ื ืžื™ ืคืกื™ืœ ืืžืจ ืœื™ื” ื”ื›ื™ ืืžืจ ืจื‘ ื™ื”ื•ื“ื” ืืžืจ ืจื‘

GEMARA: Rava said to Rav Naแธฅman: In accordance with whose opinion is it that Rabbi Yoแธฅanan ben Nuri stated his opinion? If it is in accordance with the opinion of Rabban Gamliel, even in a case where the majority of the people are of flawed lineage as well, he deems her fit to marry into the priesthood. If it is in accordance with the opinion of Rabbi Yehoshua, even in a case where the majority of the people are of unflawed lineage, he deems her unfit to marry into the priesthood. Rav Naแธฅman said to Rava that this is what Rav Yehuda said that Rav said:

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