Soncino English Talmud
Ketubot
Daf 12b
When they saw that they treated them lightly. they ordained for them two hundred [zuz]. When they saw [again] that they kept away from them, for they said, 'Instead of marrying a priestly widow, we shall rather marry the virgin-daughter of an Israelite,' they restored their [former] ordinance. THE COURT OF OUR PRIESTS, etc. R. Judah said [that] Samuel said: They did not say it only [regarding] the court of the priests. but even the noble families in Israel, if they want to do as the priests do, may do [so]. An objection was raised: If one wants to do as the priests do, for instance [if] the daughter of an Israelite [gets] married to a priest. or the daughter of a priest [gets married] to an Israelite, one may do [so]. [We would infer from this that only if] the daughter of an Israelite [gets married] to a priest, or the daughter of a priest [gets married] to an Israelite, [it is allowed to do as the priests do], because there is [then] one side of priesthood. but if the daughter of an Israelite [gets married] to an Israelite, it is not [allowed to do as the priests do]! — The Mishnah states here a case of 'not only'; not only [is it allowed in the case of] the daughter of an Israelite [getting married] to an Israelite, who cannot say to her 'I raise thee' [to a higher position]; but [in the case of] the daughter of an Israelite [getting married] to a priest. who can say to her, 'I raise thee [to a higher position].' I might think that it is not allowed; [hence] he lets us hear [that this is not so]. MISHNAH. IF A MAN MARRIES A WOMAN AND DOES NOT FIND IN HER VIRGINITY [AND] SHE SAYS, AFTER THOU HADST BETROTHED ME [UNTO THEE] WAS FORCED AND [SO] THY FIELD HAS BEEN INUNDATED' AND HE SAYS, 'NO, BUT [IT OCCURRED] BEFORE I BETROTHED THEE [TO ME] AND MY BARGAIN WAS A MISTAKEN BARGAIN' — RABBAN GAMALIEL AND R. ELIEZER SAY [THAT] SHE IS BELIEVED. [BUT] R. JOSHUA SAYS: WE DO NOT LIVE FROM HER MOUTH, BUT SHE IS IN THE PRESUMPTION OF HAVING HAD INTERCOURSE BEFORE SHE WAS BETROTHED AND HAVING DECEIVED HIM, UNTIL SHE BRINGS PROOF FOR HER STATEMENT. GEMARA. It was stated: [If one person says to another person]. 'l have a maneh in your hand,' and the latter says. 'I do not know — Rab Judah and R. Huna Say: [He is] bound [to pay]. and R. Nahman and R. Johanan Say: [he is] free [from the obligation to pay]. R. Huna and R. Judah say: [he is] bound [to pay]. [because they hold that] in the case of 'sure', and 'perhaps'. 'sure' has it. R. Nahman and R. Johanan say: [he is] free [from the obligation to pay] [because they hold the view]: leave the money in the possession of its present owner. Abaye said to R. Joseph: The opinion of R. Huna and Rab Judah corresponds with the view of Samuel, for we have learned: [If] she was pregnant, and they said to her, 'What is the nature of this embryo?' [and she answered]. 'It is from the man So-and-So, and he is a priest.' Rabban Gamaliel and R. Eliezer say [that] she is believed. And Rab Judah said [that] Samuel said [that] the halachah is according to Rabban Gamaliel. And R. Samuel b. Judah said to Rab Judah: Sharpwitted one! You said to us in the name of Samuel [that] the halachah is according to Rabban Gamaliel also in the first [Mishnah]. [Now what means]: 'also in the first [Mishnah]'? [Assuredly it must mean]. although one could say 'leave the money in the possession of its [present] owner.' [still] Rabban Gamaliel said: 'sure' has it. Is it [then] to say that R. Judah and R. Huna follow the opinion of Rabban Gamaliel, and R. Nahman and R. Johanan follow the opinion of R. Joshua? — R. Nahman can answer you: I even follow the opinion of Rabban Gamaliel; only Rabban Gamaliel says it there because there is miggo. but what miggo is there here? Or [again]: Rabban Gamaliel says it only there, because we Say: leave her in her presumptive state, but here what presumptive state has he got? It is also evident that [it is right] as we have answered, that R. Nahman follows the opinion of Rabban Gamaliel,
Sefaria
Ketubot 36a · Kiddushin 74a · Ketubot 16a · Ketubot 16a · Ketubot 13a
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