Ketubot

'why should she lie,'  or do we not say it? But why should this be different from the following case? Once someone hired out an ass to a person, and he said to him, 'Do not go the way of Nehar Pekod. where there is water,  go the way of Naresh, where there is no water. But he  went the way of Nehar Pekod and the ass died.  He  [then] came before Raba  and said to him. 'Indeed, I went the way of Nehar Pekod, but there was no water. Said Raba: 'Why should he lie?' If he wished he could say 'l went the way of Naresh.' And Abaye said to him: we do not say 'Why should he lie?' where there are witnesses.  — Now is this so? There there were witnesses that there certainly was water on the way of Nehar Pekod. but here has she certainly been defiled? It is [only] a fear,  and in the case of a fear we say ['why should he lie?'] IF THERE ARE WITNESSES, EVEN A SLAVE, EVEN A HAND' MAID, THEY ARE BELIEVED. And even her own handmaid is believed. But there is a contradiction against this:  She  must not be alone with him  unless there are witnesses, even a slave, even a handmaid  except her own handmaid,  because she  is familiar with her own handmaid!  — R. Papi said: In [the case of] a woman captive  they  have made it lenient. R. Papa said: In the one case  [it speaks of] her handmaid, in the other case  [it speaks of] his handmaid. But her handmaid is not believed? Does he not teach [that] no one may testify as to himself? [This would imply that] her handmaid is believed!  Her handmaid is like herself.  R. Ashi said: In both cases [it speaks of] her handmaid, but [what we maintain is that] the handmaid sees and is silent.  [Consequently] there,  where her silence makes her permitted.  she is not believed, but here,  where her silence makes her forbidden.  she is believed. Now also, she may come and tell a falsehood?  Two [things] she would not do  as in the case of Mari b. Isak [or as some say of Hana b. Isak]: To him there came a brother from Be-Hozae and said to him: Give me a share in the property of our father. He answered him: I do not know you. He  [then] came to R. Hisda, and he  said to him: I he  answered you well, for it is written:  'And Joseph knew his brethren, and they knew not him.' This teaches that he went away before he had grown a beard and he came back after growing a beard.  [Then] he  said to him: I Go and bring witnesses that you are his brother. He  answered him:  I have witnesses, but they are afraid of him,  because he is a powerful man. He  [then] said to the other man: Go you and bring witnesses that he  is not thy brother. He  answered him:  Is this the law? [Surely] he who claims must produce evidence!  He  said to him.  So I rule for you and all who are powerful like you!  But they  may also come and lie?  Two things they  will not do.  May we say that this difference  is like that between [these] Tannaim? [For it was taught in a Baraitha:] This testimony  a man and a woman, a boy and a girl, her father and her mother, her brother and her sister [may give], but not her son and her daughter, nor her slave and her handmaid. And [in] another [Baraitha] it was taught. All are believed to testify [for her] except herself and her husband.  Now the views of R. Papa and R. Ashi are [certainly] according to the difference of the Tannaim.  But is the view of R. Papa according to the Tannaim?  R. Papa can answer you: That Baraitha  [speaks of a case] when she  talked in her simplicity.  As that which R. Dimi said when he came: R. Hanan of Carthagene told a story: A case came before R. Joshua b. Levi (or as some say R. Joshua b. Levi told a Story: A case came before Rabbi): Someone was talking in his simplicity and said: I and my mother were taken captives among heathens. When I went out to draw my water, my mind was on my mother.  [When I was out] to gather wood, my mind was on my mother. And Rabbi allowed her to marry  a priest  by [the words of] his mouth. MISHNAH. R. ZECHARIAH B. HA-KAZZAB  SAID: BY THIS TEMPLE  HER HAND  DID NOT MOVE OUT OF MY HAND  FROM THE TIME THAT THE HEATHENS ENTERED JERUSALEM UNTIL THEY DEPARTED. THEY  ANSWERED HIM: NO ONE MAY TESTIFY CONCERNING HIMSELF. GEMARA. It has been taught: And notwithstanding this  he appointed for her a dwelling place  in his court-yard. and when she was out, she went out at the head of her children,  and when she came in, she came in at the head other children.  Abaye asked: May one do so with regard to one's' divorced wife?  [Do I say:] There  it was allowed because in [the case of] a captive woman  they  made it lenient, but not here.  or is there no difference? — Come and hear: It has been taught: If someone has divorced his wife, she shall not get married [and live] in his neighbourhood.