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1) THE GIRL THAT WAS RAPED

(a) (Mishnah - R. Yosi): It happened that a girl went to the spring and was raped. R. Yochanan Ben Nuri ruled that if most men of the city have proper lineage, she may marry a Kohen.
(b) (Gemara - Question (Rava)): Who does R. Yochanan Ben Nuri hold like?

1. If he holds as R. Gamliel - a majority is not needed!
2. If he holds as R. Yehoshua - even if a majority is Kosher, she is disqualified!

(c) Answer (Rav Nachman): He holds as R. Yehoshua; he was lenient for the following reasons.

1. (Rav Yehudah): The episode happened on the market day in Tzipori.
2. (Rav Asi): Many Kosher people passed by.
3. (R. Yanai): If relations took place in the wagons, she may marry a Kohen.

i. Correction: He cannot mean, in the wagons! Rather, if relations were at the time of the wagons, she may marry a Kohen.

(d) But if a man of Tzipori separated and had relations, the child would be a Shtuki.
(e) This is as Ze'iri: We follow the majority of the city, but not the majority of passers-by.
(f) Question: It is more reasonable to say the opposite - passers-by are transient (so we may assume one came from the majority), but people of the city are fixed!
(g) Retraction: We follow the majority of the city, if the majority of passers-by are also Kosher.

1. A single majority is insufficient; if we would rely on a majority of passers-by, we would come to rely on a majority of city people.

(h) Objection: A majority of city dwellers is enough, if he separated and went to her!
(i) Answer: Sometimes, she goes to him, and he is fixed.

1. (R. Zeira): Any case where the prohibition is fixed, we consider it to be an even doubt.

(j) Question: Are 2 majorities really required?

1. (Beraisa): 9 stores sell Kosher meat, 1 sells un-Kosher meat. If one bought from one of the stores, and does not know from which, the meat is forbidden.
2. If the meat is found, we follow the majority.

(k) Suggestion: Perhaps the doors of the city are open, and a majority of passers-by sell Kosher meat.
(l) Rejection: R. Zeira said, found meat is permitted, even if the city doors are locked!
(m) Answer: It was a stringency of lineage to require 2 majorities.

(a) (R. Zeira): A fixed prohibition is always considered an even doubt, to be lenient or stringent.
(b) Question: What it his source for this law?

1. Suggestion#1 (Beraisa): 9 stores sell Kosher meat, 1 sells un-Kosher meat. If one bought from one of the stores, and does not know from which, the meat is forbidden; if the meat is found, we follow the majority.
2. Rejection: There we are stringent.
3. Suggestion#2 (Beraisa): 1 impure reptile is among 9 frogs (which are pure). Someone touched 1 of the 10, and does not know which; he is impure.
4. Rejection: There, also, we are stringent.
5. Answer: (Beraisa): 1 frog is among 9 reptiles. Someone touched 1 of the 10, and does not know which. If this happened in a private place, he is impure; in a public place, he is pure.

(c) Question: What is the source from the Torah?
(d) Answer: "He waits in hiding" - a murderer is killed only if he intended to kill his victim; Chachamim say, this excludes one who throws a rock into a crowd.
(e) Question: Who is in the crowd?

1. If there are 9 Kana'anim and 1 Jew - even if we follow the majority, we cannot kill him!
2. If half of them are Jews - we are always lenient when in doubt on capital cases (so we should not need a verse to teach the law).

(f) Answer: There are 9 Jews and 1 Kana'ani.

1. Since they are fixed, we view it as an even doubt.

(a) (R. Chiya Bar Ashi): The law is as R. Yosi (in our Mishnah).
(b) (Rav Chanan Bar Rava): The case of our Mishnah was a special ruling for its time.
(c) Question (R. Yirmiyah): Do we not always require 2 majorities for lineage?

(d) (Mishnah): A baby is found deserted. If the majority of the city are Nachrim, the child is a Nachri; if most are Jewish, he is Jewish; if the city is half-Jewish, he is Jewish.

1. (Rav): We follow the majority to support him, but not for lineage.
2. Shmuel: To toil to save his life on Shabbos.

(e) Answer: Rav Yirmiyah had not heard that Rav established our Mishnah on the market day, and there were 2 majorities.
(f) Question: According to Rav Chanan, we have a difficulty (he said that our Mishnah, in which 2 majorities were required, was a special enactment, but here Rav says that (normally) 1 majority is not enough for lineage)!
(g) Answer: He does not learn that Rav established our Mishnah in a case of 2 majorities.

(a) (Mishnah): When a baby is found, we assume he is as the majority of the city. If the city is half-Jewish, he is Jewish.

1. (Rav): We follow the majority to support him, but not for lineage.
2. Shmuel: To toil to save his life on Shabbos.

(b) Question: But Shmuel said elsewhere, we do not follow the majority when there is a threat to life!
(c) Correction: Shmuel was referring to the beginning of the Mishnah - if the majority are Nachrim, the child is a Nachri, but *not* regarding saving his life.
(d) Question: Where does Shmuel apply, 'if most are Nachrim, he is a Nachri'?
(e) Answer (Rav Papa): We may feed him un-Kosher food.
(f) Question: Where do we apply, if most are Jews, he is Jewish?
(g) Answer (Rav Papa): To return a lost item to him.
(h) Question: Where do we apply, if half are Jews, he is Jewish?
(i) Answer (Reish Lakish): For damages.

1. Objection: If the ox of a Jew gored his ox - we should not pay him until he can prove that he is Jewish!
2. Rather, the case is that his ox gored the ox of a Jew. He pays half damage, as a Jew.
3. He is exempt from paying the other half, unless we can prove he is not Jewish.

(a) (Mishnah): A woman was widowed or divorced. She claims that she was a virgin when she was married; he says that she was a widow. If witnesses say that she had a veil and uncovered hair at the Chupah, her Kesuvah is 200;
(b) R. Yochanan Ben Brokah says, even if they distributed nuts, that also proves that she was a virgin;
(c) R. Yehoshua admits, if Reuven says to Shimon, 'this field belonged to your father and I bought it from him', Reuven is believed - the mouth that prohibited is the mouth that permits.