Soncino English Talmud
Ketubot
Daf 16a
FOR THE MOUTH THAT BOUND IS THE MOUTH THAT LOOSENS. BUT IF THERE ARE WITNESSES THAT IT BELONGED TO HIS FATHER AND HE SAYS, 'I BOUGHT IT FROM HIM.' HE IS NOT BELIEVED. GEMARA. The reason is that there are witnesses, but if there are no witnesses the husband is believed. Is it to say that the anonymous and undisputed decision recorded in our Mishnah is not according to Rabban Gamaliel? For if it were according to Rabban Gamaliel, did not he say that she is believed? — You may even say [that it is according to] Rabban Gamaliel; [for] Rabban Gamaliel says [it] only there in [a case of] 'sure' and 'perhaps'. but here where they are both sure [in their statements] he did not say [it] — But he who raised the question, how could he raise it at all? Surely this is a case where they are both 'sure' [in their statements]! — Since most women get married as virgins [you might say that] it is like 'sure and perhaps'. This may also be proved by the following reasoning, since it is stated: AND R. JOSHUA ADMITS [etc.] It is well if you say [that] Rabban Gamaliel admits. But if you say [that] Rabban Gamaliel does not admit. to whom does [then] R. Joshua admit? Do you think [that] R. Joshua refers to this chapter? He refers to miggo in the first chapter. To which? Is it to say [that he refers] to this: If she was pregnant, and they said to her. 'What is the nature of this embryo'. [and she answered, 'it is] from man So-and-so and he is a priest'. Rabban Gamaliel and R. Eliezer say: She is believed, [and] R. Joshua says: We do not live from her mouth? What miggo is there in that case? Behold, her stomach reaches up to her teeth! Again [should it refer] to this: They saw her talking with someone and they said to her: 'what is the character of this man?' [and she answered, 'it is] man So-and-so and he is a priest'. Rabban Gamaliel and R. Eliezer say: She is believed [and] R. Joshua says: We do not live from her mouth? [There too.] what miggo is there? True, there is according to Ze'iri, Who says [that] 'she was talking' means 'she was hiding herself' [with a man]. [in which case she has] a miggo, for if she wished she could say. 'I had no intercourse,' and [still] she said, 'I had intercourse,' [therefore] she is believed. But according to R. Assi, who says [that] 'she was talking' means 'she had intercourse, what miggo is there? Or again [should he refer] to this: She says. 'I was injured by [a piece of] wood,' and he says. 'Not so, but thou wast trodden by a man.' Rabban Gamaliel and R. Eliezer say: She is believed, and R. Joshua says: We do not live from her mouth? [There too] what miggo is there? True, there is according to R. Eliezer, who says that [the dispute between the husband and the wife is] with regard to a maneh and nothing. [In which case she has] a miggo, for if she wished she could say. 'I was injured by a piece of wood under thee,' and she would get two hundred [zuz.], and [still] she said [that she was injured] earlier, [therefore] she is believed. But according to R. Johanan who says that [the dispute between the husband and the wife is] with regard to two hundred [zuz] and a maneh, what miggo is there? — But [he refers] to this: If one has married a woman and has not found in her virginity [and] she says. 'After thou hadst betrothed me [to thyself] I was violated and thy field has been inundated,' and he says, 'Not so, but [it happened] before I betrothed thee [to myself]'. Rabban Gamaliel and R. Eliezer say: She is believed, and R. Joshua says: We do not live from her mouth, For [here there is] a miggo, because if she wished she could say. 'I was injured by a piece of wood under thee,' and [by saying this] she would not make herself unfit for the priesthood. and [still] she said, 'l have been violated', and [by saying this] she made herself unfit for the priesthood; therefore Rabban Gamaliel said that she is believed. And R. Joshua said to Rabban Gamaliel: With regard to this miggo here, I agree with you, but with regard to that miggo there, I differ from you. Now, this is a miggo and that is a miggo, what difference is there between this miggo and that miggo.? Here there is no slaughtered ox before you, there there is a slaughtered ox before you. But since most women get married as virgins. [even] if no witnesses came, what of it? — Rabina said: Because one can say: most women marry as maidens and a minority as widows. And whenever a maiden gets married, it is spoken about,
Sefaria
Ketubot 17b · Niddah 15a · Yevamot 44a · Kiddushin 75a · Kiddushin 74a
Mesoret HaShas
Ketubot 17b · Niddah 15a · Yevamot 44a · Kiddushin 75a · Kiddushin 74a