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Week 60 - Shabbat - 20 January 2001

KETUBOT: CHAPTER 2: MISHNAH 7

And similarly, two men: one says, "I am a kohen," and the other says, "I am a kohen" -- they are not believed. But when they testify about each other, then they are believed.

Kehati

The previous two mishnayot, and the last three mishnayot in the first chapter (8-10) discussed the eligibility of certain women to marry a kohen and we mentioned in the commentary on 1:10 (above) that "a higher standard was set (by the Sages) concerning lineage"; they required that both "a majority of the inhabitants of the city," and "a majority of the travelling party" be of good lineage before they would allow a violated woman to marry a kohen. These laws are based on the special Torah laws which kohanim were commanded, in order to maintain their lineage, purity, and sanctity (see Lev. 21). We learned (in the preceding mishnah) that a woman may marry a kohen with the testimony of a single witness even where favourable testimony is suspect. This and the following mishnah teach the law of "one witness" with regard to kohanic status: Tannaim disagree as to whether "they elevate to the kehuna by one witness," i.e., whether a single witness may testify that someone is a kohen. The Gemara explains that the Tanna of our mishnah also holds, that one witness is not believed to confirm the lineage of a kohen (i.e., marriage to a woman of good lineage) but is believed to permit him to eat the terumah.

And similarly, two men -- who come and testify about themselves, that they are kohanim: one says, "I am a kohen," and the other says, "I am a kohen" -- and each testifies only about himself, and not about the other, they are not believed -- and may not eat terumah.

But when they testify about each other -- each one says, "I am a kohen, and my friend is also a kohen," then they are believed -- and may eat terumah, since regarding terumah we "elevate to the kehuna" by the testimony of one witness.

KETUBOT: CHAPTER 2: MISHNAH 8

Rabbi Yehudah says, They do not elevate to the priesthood on word of one witness. Rabbi Eleazar said, When? In a place where there are contesters; in a place where there are no contesters, they elevate to the priesthood on the word of one witness. Rabban Shimon ben Gamliel said in the name of Rabbi Shimon ben haSegan, They elevate to the priesthood on the word of one witness.

Kehati

Rabbi Yehudah says, They do not elevate to the priesthood on the word of one witness -- Rabbi Yehudah disagrees with the preceding mishnah, and holds that one witness is not believed to establish a person as a kohen even when favourable testimony is not suspect and certainly not where they testify about each other, and there is reason to suspect a deal, "You testify about me, and I shall testify about you." The Gemara explains that, according to Rabbi Yehudah, "they elevate from terumah to lineage," i.e., people who see a person served terumah on the presumption that he is a kohen, may testify that he is a kohen, and "elevate to lineage," i.e., they even enable him to marry a woman of good lineage; and it is therefore that they may not elevate a person to the kehuna, even concerning terumah, through one witness. The Tanna in the previous mishnah, however, holds that they do not elevate from terumah to lineage, and therefore we believe one witness regarding terumah.

Rabbi Eleazar said, When -- do we not elevate to the kehuna on the testimony of one witness? In a place where there are contesters -- who say that he is unfit for the priesthood, but in a place where there are no contesters -- and, the possibility of a deal also does not exist, they elevate to the kehuna on the word of one witness -- however, Rabbi Eleazar disagrees with the Tanna of the preceding mishnah, and holds that since we suspect a deal when they testify about each other, they are not believed.

Rabban Shimon ben Gamliel said in the name of Rabbi Shimon ben HaSegan, They elevate to the priesthood on the word of one witness -- even where there are contestants, e.g., in the case of one whose father was accepted as a kohen, and it was rumoured that he (the son) was born of a divorced woman, and thus is unfit for the kehuna. A witness then testified that he was a kohen, whereupon he was declared fit, since "a witness cancels a rumour." Two witnesses then came and testified that he was the son of a divorced woman, and he was declared unfit. Afterwards, another single witness testified that he was a legitimate kohen. Rabban Gamliel holds that they elevate him to the kehuna with one witness, i.e., the last witness, whose testimony joins that of the first witness -- Thus since two witnesses testify that he is the son of a divorced woman, and two that he is a legitimate kohen, we reinstate his presumed legitimacy. Rabbi Eleazar, however, holds that their testimony is not joined together, and we raise him up to the kehuna only if the two witnesses testified together that he is a legitimate kohen (Ket. 26b).

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