Soncino English Talmud
Kiddushin
Daf 74a
Then let us see whose money he holds? — This arises only when he holds [money] from both, and states: ‘one [paid me] with my consent, and the other against my will,’ and it is not known1 which was with his consent and which against his will. A judge is believed when he says: ‘I have ruled in favour of this one; I have ruled against that one.’ When is that? Only if the litigants are [yet] standing before him; but if they are no longer standing before him, he is not believed. Then let us see who holds the judgment writ in favour?2 — This arises only if their judgment writ was torn. Then let us rejudge them? — [It is a case of] the judges’ discretion.3 R. Nahman said: Three are believed with respect to a first-born. These are they: The midwife, the father and the mother. The midwife, [only] immediately. The mother, the first seven days;4 the father, for all time. As it was taught: He shall acknowledge [the firstborn]:5 [i.e.,] he shall acknowledge him before others. Hence R. Judah said: A man is believed when he says: ‘This son is my first — born. And just as he is believed when he says: ‘This son is my firstborn,’ so is he believed when he says: ‘This is the son of a divorced woman’, ‘this is the son of a haluzah’.6 But the Sages say: He is not believed.7 ABBA SAUL USED TO CALL THE SHETHUKI ‘BEDUKI’. What is [implied by] BEDUKI?8 Shall we say that we examine his mother, and if she maintains, ‘I cohabited with a fit person,’ she is believed? Then with whom [does this agree]? with R. Gamaliel! But we learnt it once. For we learnt: If she [an unmarried woman] is pregnant and is asked: ‘What is the nature of this child?’ and she replies, ‘He is from So-and-so, who is a priest’: R. Gamaliel and R. Eliezer said: She is believed; R. Joshua said: We do not live by her words.9 Now, Rab Judah said in Samuel's name: The halachah agrees with R. Gamaliel!10 — One is to declare her [the mother] fit; the other is to declare her daughter fit.11 Now, that is well on the view that he who declares her [the mother] fit, declares the daughter unfit.12 But on the view that he who declares her fit declares her daughter fit [too], what does Abba Saul come to teach us? — Abba Saul's [ruling] is more remarkable than R. Gamaliel's. For if from there,13 I might argue, [It is only] there, where most [men] are fit for her;14 but here, that most [men] are unfit for her,15 I might say, [she is] not [believed].16 Hence it is necessary. Said Raba: The halachah agrees with Abba Saul. MISHNAH. ALL WHO ARE FORBIDDEN TO ENTER INTO THE ASSEMBLY17 MAY INTERMARRY WITH EACH OTHER; R. JUDAH FORBIDS IT. R. ELEAZAR SAID: CERTAIN [UNFITS] ARE PERMITTED [TO INTERMARRY] WITH CERTAIN [UNFITS].18 CERTAIN [UNFITS] WITH DOUBTFUL [UNFITS], DOUBTFUL WITH CERTAIN, OR DOUBTFUL WITH DOUBTFUL, ARE FORBIDDEN. NOW, THESE ARE THE DOUBTFUL: SHETHUKI, FOUNDLINGS AND CUTHEANS.19 GEMARA. What is meant by ‘ALL WHO ARE FORBIDDEN TO ENTER INTO THE ASSEMBLY’? Shall we say: Mamzerim and Nethinim, Shethuki and Foundlings? Surely that is taught in the first clause:20 Mamzerim and Nethinim, Shethuki and Foundlings, are permitted to intermarry! Again, [when it states] ‘R. JUDAH FORBIDS IT’, to what does this refer? Shall we say, to certain with doubtful — but since the last clause states: R. ELEAZAR SAID: CERTAIN [UNFITS] ARE PERMITTED [TO INTERMARRY] WITH CERTAIN [UNFITS]; DOUBTFUL WITH CERTAIN, OR DOUBTFUL WITH DOUBTFUL, ARE FORBIDDEN, this proves that R. Judah does not hold thus. And should you answer: R. JUDAH FORBIDS IT refers to [the marriage of] a proselyte and a mamzereth, is it then taught, a proselyte with a mamzereth: ALL ARE FORBIDDEN TO ENTER INTO THE ASSEMBLY is taught!21 — Said Rab Judah, In such a case we cannot be certain that a re-trial will give the same verdict. is entertained, and the daughter may not marry a priest since there is no such presumption in her favour. But Abba Saul rules that the daughter too is fit. As this Mishnah shews, they were still regarded as Jews, though falling within the category of ‘doubtful’ in respect of genealogy. In later times they were declared non-Jews absolutely.
Sefaria
Mesoret HaShas