Ask A Question on the daf

Previous daf

1) WHEN MAY THE SUSPECTED ADULTERER STAY MARRIED?

(a) Shoes are found upside down under the bed - since this is ugly, he must divorce her.
(b) Objection: Let us check whose they are!
(c) Answer: Rather, backwards shoe-prints are found under the bed.
(d) The law is as Rav; the law is as Rebbi.
(e) Objection: This is a contradiction!
(f) Answer: Regarding unceasing rumors and no witnesses (on an ugly matter), the law is as Rebbi; by rumors that cease, and witnesses on an ugly matter, the law is as Rav.
(g) Question: What is considered rumors that do not cease?
(h) Answer (Abaye): A day and a half.

1. If they ceased before, that is already a cessation.
2. If they ceased because people fear the suspected party, this is not considered cessation.
3. This law only applies if the suspected one has no enemies in the city; if he has enemies, we attribute the rumors to his enemies (and he may stay married).

(i) (Mishnah): One who divorced his wife because of bad reports about her, or because of a vow she took, may not remarry her.
(j) Question (Rabah Bar Huna): If he married her - may they stay married?
(k) Answer (Rabah Bar Rav Nachman): No, as our Mishnah teaches - one who is suspected of relations with a married woman, and they made her husband divorce her, even if the suspected man married her, he must divorce her!
(l) Objection (Rabah Bar Huna): That is no proof - there, Beis Din forced the original husband to divorce her - in my case, he chose to divorce her!

1. Rabah Bar Rav Nachman learned that the text of our Mishnah also says 'He (the original husband) divorced her'.
2. Objection: Still, the cases are different - in the Mishnah, we learn that the adulterer must divorce her - the question was if the original husband may keep her!
3. Answer (Rabah): The comparison is valid - in the Mishnah, Chachamim said, he should not marry her; if he did, he must divorce her - here also!
4. Rejection: No - there, by marrying her, he supports the rumors; here, people will think that he investigated and found that the rumors were unfounded.

(a) (Mishnah): One who brings a Get (document of divorce) from overseas, and says, 'It was written and signed in front of me' - he may not marry the woman;
(b) A man says, 'Her husband died; I killed him; or, we killed him, may not marry her;
(c) R. Yehudah says, 'I killed him' - *she* may not marry; 'We killed him' - she may marry.
(d) (Gemara): Because the Get was brought from overseas, and we rely on the bearer (his declaration validates it), he may not marry her;

1. Had he brought it from within Eretz Yisrael, where we need not rely on him, he could marry her.

(e) Question: But when he says that the husband died, he may not marry her, even though we do not rely on him!

1. We rely on the woman to carefully check that he really died.

(f) Answer: There, there is nothing written; here, there is a written Get.

1. (Mishnah): The difference between divorce and death is that the Get proves that he is telling the truth.

(g) (Mishnah): 'He died, I killed him, we killed him' - she may not marry.

1. *He* may not marry her - but others may!

(h) Question: But Rav Yosef taught, 'Peloni forcibly had homosexual relations with me (Shimon)' - Shimon may join a 2nd witness to condemn Peloni to death;

1. 'I willingly had relations with Peloni' - Shimon is evil - "Do not join an evil one to be an extorting witness."

(i) Suggestion: Perhaps testimony to permit a widow to marry is different, there Chachamim were lenient.

(j) Rejection: Rav Menasheh taught, a Rabbinic thief may testify to permit a widow to marry, but not a mid'Oraisa thief!

1. Suggestion: Rav Menasheh holds as R. Yehudah.
2. Rejection: Rav Menasheh can hold as Chachamim; she may marry because of Rava's law.

i. (Rava): A person is his own kin, and cannot make himself evil (to disqualify himself from testifying).

3. Suggestion: Rav Yosef holds as R. Yehudah.
4. Rejection: Rav Yosef can hold as Chachamim.

i. He says that we are more lenient by testimony to permit a widow than in general; Rav Menashe holds as Chachamim!

(k) (Mishnah): 'I killed him' ...
(l) Question: What is different if he says 'I killed him' or 'We killed him'?
(m) Answer (Rav Yehudah): The case is, he said, 'I was with those that killed him'.

1. (Beraisa) Chachamim: There was a case of a bandit that was walking to his execution. He said, tell Shimon's wife that I killed her husband, and they permitted her to marry.
2. R. Yehudah: That is no proof - he said, 'I was with those that killed him'.
3. Question: But it says, he was a bandit!
4. Answer: He was arrested among bandits.
5. Objection: But it says that he was going to be executed!
6. Answer: Courts of Nochrim execute people without being so careful.

(a) (Mishnah): A Chacham that prohibited a woman to her husband because of a vow may not marry her; if she did Mi'un or Chalitzah in front of him, he may marry her, since he was part of a Beis Din.
(b) (Gemara): We infer - had he permitted the vow, he could marry her!
(c) Question: What is the case?

1. Suggestion #1: The Chacham was alone.

i. Rejection: But R. Chiya Bar Avin taught, three judges are needed to permit vows!

2. Suggestion #2: He was among 3.
3. Objection: If so, he is not suspected - the Mishnah says, if she did Mi'un or Chalitzah in front of him, he can marry her, since he was part of Beis Din!

(d) Answer: The case is, he was alone.

1. (Rav Chisda): A professional judge can permit vows alone.

(e) (Mishnah): If she did Mi'un or Chalitzah ...
(f) We infer, he can only marry her because he was part of a Beis Din - if there were only 2, he could not!
(g) Question: Why is this different than the following?

1. (Mishnah): Witnesses signed on the sale of a field, or a Get - Chachamim were not concerned (that they testified falsely).

(h) Answer: This itself is what we learn - that a Beis Din of 3 is required for Mi'un and Chalitzah, unlike the opinion that says that 2 suffice.
(i) Question: If he (a Chacham that prohibited her because of a vow, or the messenger that brought her Get) married her - must he divorce her?
(j) Answer #1 (Rav Kahana): Yes.
(k) Answer #2 (Rav Ashi): No.
(l) Rav Zuti: He need not divorce her.
(m) Chachamim: Did you receive that this is the law, or is this your reasoning?
(n) Rav Zuti: We learn this from the Mishnah!

1. One that is suspected of relations with a slave and she was freed, with a Nochris and she converted, he should not marry her; if he married her, he need not divorce her.