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Babylonian Talmud: Tractate Kethuboththey are two and two.1 [And] if it is a protest regarding family blemish,2 [then all that is required is] merely a revealing of the matter.3 — Indeed, I will tell you, it is a protest regarding robbery, and these say: We know of him that he has repented.4 R. Zera said: This thing I have heard from R. Abba, and if not for R. Abba of Acco, I would have forgotten it: If three sit to confirm a document and one of them dies,5 they must write, 'We were In a session of three, and one is no more.'6 R. Nahman b. Isaac said: And if it is written in it: This document has been produced7 before us [as] a court of law, more is not necessary.8 But perhaps it was an arrogant court, and [that is] according to Samuel, for Samuel said: If two have judged,9 their judgment is a judgment,10 only they are called an arrogant court?11 — When it is written in it, [e.g.] 'The court of our Master Ashi.'12 But perhaps the scholars of the school of R. Ashi hold with Samuel? — When it is written in it, 'And our Master Ashi told us.'13 MISHNAH. IF A WOMAN SAYS. 'I WAS MARRIED14 AND I AM DIVORCED', SHE IS BELIEVED, FOR THE MOUTH THAT FORBADE IS THE MOUTH THAT PERMITS. BUT IF THERE ARE WITNESSES THAT SHE WAS MARRIED, AND SHE SAYS. 'I AM DIVORCED', SHE IS NOT BELIEVED. IF SHE SAYS. 'I WAS TAKEN CAPTIVE BUT I HAVE REMAINED CLEAN.'15 SHE IS BELIEVED, FOR THE MOUTH THAT FORBADE IS THE MOUTH THAT PERMITS. BUT IF THERE ARE WITNESSES THAT SHE WAS TAKEN CAPTIVE AND SHE SAYS, 'I HAVE REMAINED CLEAN,' SHE IS NOT BELIEVED. BUT IF THE WITNESSES CAME AFTER SHE HAD MARRIED, SHE SHALL NOT GO OUT.16 GEMARA. R. Assi said: Whence [do we know] from the Torah [the principle of] 'the mouth that forbade is the mouth that permits'? Because it is said: 'My daughter I gave to this man as a wife.'17 [By saying] 'to man', he made her forbidden,18 [by saying] 'this', he made her permitted.19 Why is a Scriptural verse necessary? It stands to reason: he made her forbidden, and he made her permitted! — The Scriptural verse is required according to what R. Huna [said that] Rab said, for R. Huna said [that] Rab said: Whence [do we know] from the Bible that the father is believed to make his daughter forbidden?20 Because it is said: 'My daughter I gave to [this] man as his wife.'21 Why [is it said] 'this'?22 — It is required for what R. Jonah taught, for R. Jonah taught: 'My daughter I gave to this man': '[To] this [man]', and not to the brother-in-law.23 Our Rabbis taught: If a woman says, I am married', and then she says.24 'I am unmarried', she is believed. But she made herself forbidden!25 — Said Raba the son of R. Huna: When she has given a plausible reason for her words.26 We have also a Baraitha to the same effect. If she says, 'I am married', and then she says, 'I am unmarried', she is not believed, but if she gives a plausible reason for her words, she is believed. And so it once happened with a great woman, who was great in beauty, and men were eager27 to betroth her, and she said to them, 'I am betrothed'. After a time she became betrothed.28 The Sages said to her: Why have you chosen29 to do this?30 She answered them,31 'At first, when unworthy men came to me, I said, "I am betrothed"; now that worthy men come to me, I became betrothed'. And this law R. Aha, the prince of the castle, brought before the Sages32 in Usha, and they said: If she gives a plausible reason for her words she is believed. Samuel asked Rab: If [a woman] says,33 'I am unclean',34 and then she says. 'I am clean',35 what is [the law]?36 He37 answered him:38 Also in this case if she gives
Kethuboth 22ba plausible reason for her words she is believed. He learned it from him forty times, and still Samuel did not act accordingly with regard to himself. Our Rabbis taught: When two [witnesses] say [that the husband of the woman] has died, and two [witnesses] say [that] he has not died, or two [witnesses] say [that] she has been divorced, and two [witnesses] say [that] she has not been divorced, she shall not marry [again], but if she has married [again], she shall not go out. R. Menahem b. Jose says: She shall go out. R. Menahem b. Jose said: When do I say [that] she shall go out? — When witnesses1 came and then she married, but if she married and then came witnesses,1 she shall not go out. Now, they are two and two,2 [and] he who has intercourse with her3 is liable to a doubtful guilt-offering!4 Said R. Shesheth: When she married one of her witnesses.5 Then she herself should bring a doubtful guilt. offering! — When she says. 'I am sure'.6 R. Johanan said: When two [witnesses] say [that the husband of the woman] has died, and two [witnesses] say [that] he has not died, she shall not marry [again], but if she has married [again], she shall not go out. When two [witnesses] say [that] she has been divorced, and two [witnesses] say [that] she has not been divorced, she shall not marry [again]. and if she has married, she shall go out. What is the difference between the first case and the second case? — Abaye said: Explain it7 [that it speaks] of one witness.8 When one witness says [that] he has died, the Rabbis believe him as two [witnesses].9 And [this is] according to 'Ulla, for 'Ulla said: Wherever the Torah makes one witness credible. [it is as if] there are two, whereas he who said that he has not died is one, and the words of one have no validity against two.10 If so, [she should be allowed to marry again] from the beginning? — Because of that [saying] of R. Assi, for R. Assi said: 'Put away from thee a froward mouth, and perverse lips put far from thee'.11 In the second case [however] one witness says [that] she has been divorced, and one witness says [that] she has not been divorced, they [therefore] both testify to a married woman, and he who says [that] she has been divorced is one, and the words of one have no validity against two. Raba said: Indeed, they are two and two, and R. Johanan regards [as right] the words of R. Menahem b. Jose12 in [the case of] divorce, but not in [the case of] death. Why? — In the case of death, she cannot contradict him,13 [but] in the case of divorce, she can contradict him.14 But would she be as impudent as all that?15 Did not R. Hamnuna say: If a woman says to her husband, 'thou hast divorced me,' she is believed, [for] the presumption is [that] a woman is not insolent before her husband?16 — This is the case only when there are no witnesses who support her; but when there are witnesses who support her, she is indeed insolent. R. Assi says: When the witnesses say, 'he has died just now, he has divorced her just now.' Death one cannot prove,17 divorce one can prove, for we say to her, 'if it is so, shew us thy document of divorce'.18 Our Rabbis taught: If two [witnesses] say that she has been betrothed, and two [witnesses] say [that] she has not been betrothed, she shall not marry, and if she has married, she shall not go out. If two [witnesses] say [that] she has been divorced, and two [witnesses] say [that] she has not been divorced, she shall not marry, and if she has married, she shall go out. - To Next Folio -
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