Kiddushin

he is not [forbidden] on account of [the law of] a foundling.1 If his limbs are set, he is not [forbidden] as a foundling. If he has been massaged with oil, fully powdered, has beads hung on him, wears a tablet [with an inscription] or an amulet,2 he is not considered a foundling. If he is suspended on a palm tree, if a wild beast can reach him, he is [forbidden] as a foundling;3 if not, he is not considered a foundling. [If exposed on] a sorb bush: near a town, he is considered a foundling;4 if not, he is not a foundling. [If found in] a synagogue near a town where many congregate, it is not a foundling; otherwise, it is.5 Amemar said: [If found in] a pit of date stones,6 he is considered a foundling; in the swift current of the river, he is not a foundling;7 in shallow water,8 he is a foundling: in the side passages off public thoroughfares, he is not a foundling; in a public thoroughfare, he is a foundling.9 Said Raba: But in famine years he is not considered a foundling. This [dictum] of Raba, to what [does it refer]? Shall we say, to a public thoroughfare? because it is in famine years one [the mother] is to kill him! Again, if it refers to the side passages off a public thoroughfare, why particularly famine years? [It is so] even without famine years! — But Raba's [dictum] was stated in reference to what Rab Judah said in the name of R. Abba in the name of R. Judah b. Zabdi in Rab's name: As long as he [the exposed child] is in the street, his father and mother are believed concerning him;10 but if he has been gathered in from the street, they are not believed concerning him. What is the reason? — Said Raba: Because he has already acquired the name of a foundling. Then Raba also said: But in famine years, even if he has been gathered in from the street: his father and mother are believed concerning him. R. Hisda said: Three are believed there and then,11 and these are they: a foundling, a midwife, and she who frees her companions [from the suspicion of uncleanness]. A foundling, as stated.12 A midwife, as was taught: A midwife is believed when she states: ‘This one issued first and this one issued second.’13 When is that? [Only] if she did not go out [from the chamber of confinement] and return; but if she went out and then returned, she is not believed. R. Eliezer said: If she was known to have been at her post, she is believed; if not, she is not believed. Wherein do they differ? — They differ where she turned her face away.14 What is the reference to her who frees her companions? — For we learnt: If three women were sleeping in one bed, and blood was found under one of them, they are all unclean.15 If one examined herself and was found to be unclean, she is unclean, while the others are clean. Said R. Hisda: [That means] that she examined herself forthwith.16 Our Rabbis taught: A midwife is believed when she affirms, ‘This one is a priest, this one is a Levite, this one a Nathin, this one a mamzer.’17 When is that? Only if no protest is raised: but if a protest is raised, she is not believed. What kind of a protest? Shall we say, a protest by one person? Surely R. Johanan said: A protest is invalid if made by less than two? Hence it means a protest by two. Alternatively, I may say [that] after all that it was a protest by one. Yet when did R. Johanan say: A protest is invalid if made by less than two? Only where we have a presumption of fitness;18 but if there is no presumption of fitness,19 even one is believed. A vendor20 is believed when he says: ‘To this one I sold [it] and to this one I did not sell.’ When is that? Only if his ware is in his hand; but if his ware is no longer in his hand, he is not believed. she left her post.