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Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kesuvos 24
KESUVOS 24 (18 Nisan) - Dedicated by Rabbi Yisrael Shaw in memory of his
grandfather, Mr. Bernie Slotin (Dov Ber ben Moshe Mordechai z'l), of
Savannah, Georgia, on his first Yahrzeit.
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1) WHAT WE LEARN FROM EACH MISHNAH OF OUR CHAPTER
1. If we taught only these 2 Mishnayos, I would say
that they are believed only in monetary cases, but
not in the case of prohibitions, such as a married
woman (who claims that she was divorced - 22A).
2. Question: Why must we teach the case(22A), 'I was
captured but not defiled'?
3. Answer: Because we want to teach that if witnesses
come after they were (permitted to be) married, they
do not leave (the permission).
i. This answer fits Rabah Bar Avin (23A) who says
that this clause only applies to the case of a
captive.
ii. Question: How will R. Oshiya (who says that
this clause also applies to the woman who
claims that she was divorced) answer?
iii. Answer: Because we want to teach the case of 2
women that were captured(23B).
4. Question: Why must we teach the case of 2 women that
were captured?
5. Answer: One might have thought, we should suspect
that they are conspiring to falsely testify to help
each other - we learn that this is not so.
6. Why must we teach the case of 2 men (our Mishnah)?
7. Answer: To teach the argument of R. Yehudah and
Chachamim.
2) THE CONCERN THAT 2 SCHEME TO HELP EACH OTHER
(a) (Beraisa): 'I am a Kohen, and so is my friend' - he is
believed regarding Trumah, but not regarding lineage (to
get married);
(b) If a 3rd man is with them, so each Kohen has 2 other men
testifying that he is a Kohen, this establishes that they
have proper lineage;
(c) R. Yehudah says, even regarding Trumah, a 3rd man is
required.
(d) Suggestion: We see, R. Yehudah is concerned that 2 will
lie to help each other, and Chachamim are not concerned
for this.
(e) Question: Elsewhere, they hold contrary to this!
1. (Mishnah): Merchants entered a city. One said, 'My
produce is new, my friend's is old; mine is
untithed, my friend's is tithed' - he is not
believed; R. Yehudah says, he is believed.
(f) Answer #1 (Rav Ada Bar Ahavah): The opinions (in the
Beraisa are incorrect and) must be switched.
(g) Answer #2 (Abaye): (R. Yehudah) is lenient by doubtfully
tithed produce, since most commoners do tithe.
(h) Objection (Rava): Was there not also a contradiction in
the reasoning of Chachamim that needed resolution?!
(i) Answer #3 (Rava): We resolve R. Yehudah as Abaye. We
resolve Chachamim with an answer Rav Chama Bar Ukva once
gave, 'he is holding tools of the trade'.
24b---------------------------------------24b
(j) Here also, when he is holding tools of the trade
(commerce) we are concerned that he is lying to help his
friend.
1. Rav Chama Bar Ukva gave his answer to resolve the
following question.
2. (Mishnah): A potter left his pots and went to drink.
The inner ones are pure, the outer ones are impure.
3. Question: But a Beraisa teaches, both are impure!
4. Answer (R. Chama Bar Ukva): (The Beraisa speaks
when) he has his work vessels, and everyone touches
the pots (since they know that they are for sale).
5. Question: But another Beraisa teaches, both are
pure!
6. Answer (R. Chama Bar Ukva): (This Beraisa speaks
when) he does not have his work vessels.
7. Question: What is the case of the Mishnah, that only
the outer pots are impure?
8. Answer: The pots are close to a major road, where
obstacles force people to the sides, and their
clothing render the pots impure.
(k) Answer #4: The dispute between R. Yehudah and Chachamim
is based on whether we establish a person as having
proper lineage if we see that he eats Trumah. (Since R.
Yehudah says that we do, he always requires 2 witnesses
to establish a person as a Kohen to eat Trumah; where 1
witness suffices, he is not concerned that 2 people will
conspire to testify falsely for each other.)
3) WHAT PROVES THAT A PERSON HAS PROPER LINEAGE?
(a) Question: Can we establish that a person has proper
lineage based on what it says in a document?
1. Question: What is the case?
i. If it says, 'I, Ploni the Kohen sign as a
witness' - no one testifies about him!
ii. Rather, it says 'I, Ploni the Kohen borrowed
... ' and witnesses signed below.
(b) Do we say, witnesses only testify to the loan; or, to
everything in the document?
(c) Answer: Rav Huna and Rav Chisda argued; one said that
documents do establish lineage, the other said it does
not.
(d) Question: If we see a man Duchan (bless Birkas Kohanim),
does this establish that he has proper lineage?
1. This question is not dependent on the debate whether
we establish lineage based on seeing someone eat
Trumah.
2. The opinion that says that we *do* establish lineage
based on seeing someone eat Trumah - perhaps that is
only because a non-Kohen who eats Trumah is liable
to death at the hands of Heaven (so we may assume
that he must be a proper Kohen); but for a non-Kohen
to Duchan is only a prohibition inferred from a
positive Mitzvah, perhaps this is no proof of proper
lineage - or perhaps, we make no distinction.
3. The opinion that says that we do *not* establish
lineage based on seeing someone eat Trumah - perhaps
that is only because Trumah is eaten in private; but
Duchaning is done in public, if he was not a proper
Kohen he would not be so bold to Duchan - or
perhaps, we make no distinction.
(e) Answer: Rav Chisda and R. Avina argued; one said that
Duchaning does establish lineage, the other said it does
not.
(f) Question (Rav Nachman Bar Yitzchak): May we establish
lineage based on Duchaning?
(g) Answer (Rava): Rav Chisda and R. Avina argued on this.
(h) Question (Rav Nachman Bar Yitzchak): What is the final
ruling?
(i) Answer (Rava): I know a Beraisa (which says that we do
not).
1. (Beraisa - R. Yosi): Great is Chazakah - "Among the
Kohanim ... they could not find their documents of
lineage, and were disqualified from Kehunah".
2. "haTarshasa said to them, you will not eat Kadshim".
i. Trumah, which they ate in Bavel, they can also
eat in Eretz Yisrael.
3. If we establish lineage based on Duchaning - people
will come to approve of the lineage of these
disqualified Kohanim!
4. Objection (Rav Nachman Bar Yitzchak): There it is
different, since people see a weakness in their
Chazakah (they cannot eat Kadshim).
i. Support: We must say this - if not, how will
the opinion that we do establish lineage from
eating Trumah address this concern?!
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