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כתובות 15
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:
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[If] one found in it an abandoned child — if the majority [of the inhabitants of the town consist of] non-Israelites [the child is] a non-Israelite, if the majority [of the inhabitants of the town consist of] Israelites [the child is] an Israelite, [and if the inhabitants of the town are] half to half, [the child is] an Israelite. And Rab said: They have taught this only with regard to sustaining it, but not with regard to pure descent. And Samuel said: [They have taught this only] with regard to removing debris for its sake? — That which Rab Judah said in the name of Rab [namely, that] the incident happened at the springs of Zepphoris, escaped his attention. But according to R. Hanan b. Raba who said [that] it was a decision for the hour, it is difficult! He who taught this did not teach that. The [above] text [says]: '[If] one found in it an abandoned child — if the majorlty [of the inhabitants of the town consist of] non-Israelites [the child is] a non-Israelite. if the majority [of the inhabitants of the town consist of] Israelites [the child is] an Israelite, [and if the inhabitants of the town are) half to half [the child is] an Israelite. Rab said: They have taught this only with regard to sustaining it, but not with regard to pure descent. But Samuel said: [They have taught this only] with regard to removing debris for its sake.' But did Samuel say so? Did not R. Joseph say that R. Judah said in the name of Samuel: We do not go with regard to saving life after the majority? — But the saying of Samuel referred to the first clause: 'If the majority [of the inhabitants of the town consist of] non-Israelites [the child is] a non-Israelite.' [Upon this] Samuel said: And with regard to removing debris it is not so, 'If the majority [of the inhabitants of the town consist of] non-Israelites [the child is] a non-Israelite' — for what practical purpose [is this taught]? — R. Papa said: To allow him to eat [meat of] animals not ritually slaughtered. — 'If the majority [of the inhabitants of the town consists of] Israelites [the child is] an Israelite,' — for what practical purpose [is this taught]? — R. Papa said: That one returns to him a lost object. If [the inhabitants of the town are] half to half [the child is] an Israelite' — for what practical purpose [is this taught]? Resh Lakish said: With regard to damages. How shall we imagine this case? Shall we say that an ox of ours gored an ox of his? [In this case] let him say to him. 'Bring evidence that you are an Israelite — and take! It speaks of a case when an ox of his gored an ox of ours — one half he pays, and with regard to the other half he says to them, 'Bring evidence that I am not an Israelite and I will pay you. MISHNAH. IF A WOMAN BECAME A WIDOW OR WAS DIVORCED [AND] SHE SAYS, 'THOU DIDST MARRY ME [AS] A VIRGIN,' AND HE SAYS, 'NOT SO, BUT I MARRIED THEE [AS] A WIDOW,'34-35 — IF THERE ARE WITNESSES THAT SHE WENT OUT WITH A HINUMA AND HER HEAD UNCOVERED, HER KETHUBAH IS TWO HUNDRED [ZUZ.] R. JOHANAN THE SON OF BEROKA SAYS: ALSO THE DISTRIBUTION OF ROASTED EARS OF CORN IS EVIDENCE. AND R. JOSHUA ADMITS THAT, IF ONE SAYS TO HIS FELLOW, THIS FIELD BELONGED TO YOUR FATHER AND I BOUGHT IT FROM HIM. HE IS BELIEVED,
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