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כתובות 15:1

Soncino English Talmud · Berean Standard Bible

The incident  happened at the springs  of Zepphoris, and the ruling followed R. Ammi, for R. Ammi said: and that is when a company of unfit men passed by there,  and also R. Jannai. for R. Jannai said: if she had intercourse at the springs she is fit for the priesthood. — Do you really mean to say at the springs? — But rather [say]: If she had intercourse at the time of [the people visiting] the springs she is fit for the priesthood. But if someone went  from Zepphoris and had intercourse [with her], the child is a shethuki.  This is according to the following: When R. Dimi came  he said that Ze'iri said [in the name of] R. Hanina, and some say: Ze'iri said [in the name of] R. Hanina:  One goes after the majority of [the inhabitants of] the town and one does not go after the majority of the [passing] company. — Just the reverse! These  move about and those  are stationary!  — But [say thus]: One goes after the majority of the [inhabitants of the] town, but only when there is [also] the majority of the [passing] company with it, but one does not go after the majority of the [inhabitants of the] town alone, nor after the majority of the [passing] company alone.  — What is the reason?  — It is prohibited  [to go after] the majority of the [passing] company in order to prevent  [going after] the majority of [the inhabitants of] the town. But even [in the case of] the majority of [the inhabitants of] the town, if he, went  to her, [let us say that] he who separates himself separates himself from the majority?  — It speaks of a case  when she went to him.  so that he was stationary,  and R. Zera said: All that is stationary is considered as half to half.  But do we require two majorities? Has it not been taught: if nine [meat] shops.  all of them, sell ritually killed meat. and one [shop sells] meat not ritually slaughtered and he bought in  one of them and he does not know in which of them he bought. it is prohibited because of the doubt;  but if [meat] was found,  one goes after the majority?  And if you will say that [it speaks of a case] when the gates of the city are not closed,  so that a majority  came [also] from outside,  did not R. Zera say: even when  the gates of the city are closed? — Where purity of descent is concerned they  put up a higher standard. The text says: 'R. Zera said: All that is stationary is considered as half to half.' [This apparently means] whether it is for leniency or for strictness.  Whence does R. Zera take it? Shall I say from [the Baraitha which teaches that] if nine [meat] shops, all of them, sell ritually killed meat and one [shop sells] meat not ritually slaughtered and he bought in one of them  and he does not know in which of them he bought, it is prohibited because of the doubt; but if [meat] was found, one goes after the majority? There it is for strictness!  But [he derives it] from [the following]: If there were [in a certain place] nine frogs and one reptile  and he touches one of them and he does not know which of them he touched he is unclean because of the doubt? — There also it is for strictness!  — But [rather] from [the following]: If there were [in a certain place] nine reptiles and one frog and he touches one of them and he does not know which of them he touched, [if this happened] on private ground he is unclean because of the doubt, [but] if this happened in a public place,  he is clean because of the doubt. And how do we know this  from the Bible? — The verse says: And if he lie in wait for him and rise up against him,  [that is to say that he is not guilty of murder] until he intended [to kill] him. And the Rabbis? — They said in the school of R. Jannai: This excludes one who throws a stone into [a group of people]. What case do you mean? Do you mean a case when there are nine idolators and one Israelite? Let it be sufficient for him  that the majority are idolators, [and] even if [you will say that it is considered as] half to half, [the rule is that] when there is a doubt in capital cases one takes a lenient view! — It speaks of a case when there are nine Israelites and one idolator, so that the idolator is stationary, and whatever is stationary is considered as half to half. It was stated: R. Hiyya b. Ashi [said that] Rab said [that] the law is according to R. Jose.  And R. Hanan b. Raba [said that] Rab said [that] it was [only] a decision for the hour.  R. Jeremiah argued: And for pure descent we do not require two majorities? Have we not learned: