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Week 60 - Tuesday - 16 January 2001

KETUBOT: CHAPTER 1: MISHNAH 9

If she was pregnant, and they said to her, "What is the nature of this fetus?" "By so-and-so, and he is a kohen" -- Rabban Gamliel and Rabbi Eliezer say, She is believed. But Rabbi Yehoshua says, We do not live from her mouth! Rather she is presumed to be pregnant by a natin or a mamzer, until she brings proof for her words.

Kehati

Our mishnah teaches that, according to Rabban Gamliel and Rabbi Eliezer, a woman is believed regarding her eligibility to marry a kohen, not only in a case in which "they saw her talking," as was taught in the preceding mishnah, but even if she is pregnant, and we do not know by whom she is pregnant. It also teaches that if she gives birth to a daughter, the daughter is eligible to marry a kohen. The law in all these mishnayot is in accordance with Rabban Gamliel and Rabbi Eliezer.

If she -- a woman, was pregnant -- and they do not know the identity of her husband, and they said to her, "What is the nature of this fetus" -- who is the father of this fetus? And she said: "By so-and-so, and he is a kohen" -- i.e., he is of good lineage (and not necessarily a kohen).

Rabban Gamliel and Rabbi Eliezer say, She -- the woman, is believed -- regarding her statement that she had sexual relations with one of good lineage, and she is eligible to marry a kohen, and if the child is a female, she too can marry a kohen.

But Rabbi Yehoshua says, We do not live from her mouth -- she is not believed when she says that she had sexual relations with one of good lineage, she rather is presumed to be pregnant by -- a person who disqualified her to marry a kohen, such as -- a natin or -- a mamzer, until she brings a proof for her words -- that she became pregnant by one of good lineage. According to Rabbi Yehoshua, both the mother and the daughter are disqualified from marrying a kohen.

KETUBOT: CHAPTER 1: MISHNAH 10

Rabbi Yose said, It once happened that a girl went down to fill water from the spring, and she was violated -- Rabbi Yohanan ben Nuri said, If the majority of the people of the city marry into the priesthood, then this one may marry into the priesthood.

Kehati

Our mishnah is brought incidental to the two preceding mishnayot, which deal with a woman's eligibility to marry a kohen. This mishnah cites an incident in which a minor was violated and Rabbi Yohanan ben Nuri ruled that the majority be followed in determining her eligibility for marriage into the priesthood.

Rabbi Yose said, It once happened that a girl went down to fill -- draw -- water from the spring, and she was violated -- by a passerby, Rabbi Yohanan ben Nuri said -- he ruled:

If the majority of the people of the city marry into the priesthood -- if sexual relations with a majority of the men in the city does not disqualify a woman from marrying a kohen, and their daughters and their widows may marry kohanim, then this one -- this girl who was violated near the spring may marry into the priesthood -- is eligible to wed a kohen, for we say that her violator came from the majority of the people of the city.

The Gemara explains: "This incident took place at the wagon-station of Tzippori," -- the incident in our mishnah took place in the city of Tzippori on a market day, when caravans come there from other places and "a group of people of good lineage were passing there," i.e., Rabbi Yohanan ben Nuri did not permit her to marry into the priesthood solely on the basis of "majority of the people of the city," but required an additional "majority" -- a "majority group," i.e., the violator came from a caravan the majority of whose members were of good lineage. Although, as a general rule, one "majority" is sufficient, in this case a higher standard was set because of "lineage," and the Sages required "two majorities". Rabban Gamliel, in the two previous mishnayot, however, does not require a majority, since the woman claims, "An eligible person had sexual relations with me," which is not so in the case of the girl who was violated, since the girl does not know how to make a claim on her own behalf, and in such a case Rabban Gamliel agrees with Rabbi Yohanan ben Nuri (Rabbeinu Asher; Rabbeinu Nissim; see also Tosefot Yom Tov).

The law is in accordance with Rabban Gamliel, in the previous two mishnayot, only bedi'avad, i.e., if she is already wed to a kohen, she need not leave him; le-hat'hilah, however, she is permitted to wed a kohen only if "the majority" are "eligible"; and according to Rambam, on the basis of two majorities, as explained above (Hil. Isurei Bii'ah 18:14).

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