Babylonian Talmud: Tractate Kethuboth

Folio 15a

The incident¹  happened at the springs²  of Zepphoris, and the ruling followed R. Ammi, for R. Ammi said: and that is when a company of unfit men passed by there,³  and also R. Jannai. for R. Jannai said: if she had intercourse at the springs she is fit for the priesthood. — Do you really mean to say at the springs? — But rather [say]: If she had intercourse at the time of [the people visiting] the springs she is fit for the priesthood. But if someone went⁴  from Zepphoris and had intercourse [with her], the child is a shethuki.⁵  This is according to the following: When R. Dimi came⁶  he said that Ze'iri said [in the name of] R. Hanina, and some say: Ze'iri said [in the name of] R. Hanina:⁷  One goes after the majority of [the inhabitants of] the town and one does not go after the majority of the [passing] company. — Just the reverse! These⁸  move about and those⁹  are stationary!¹⁰  — But [say thus]: One goes after the majority of the [inhabitants of the] town, but only when there is [also] the majority of the [passing] company with it, but one does not go after the majority of the [inhabitants of the] town alone, nor after the majority of the [passing] company alone.¹¹  — What is the reason?¹²  — It is prohibited¹³  [to go after] the majority of the [passing] company in order to prevent¹⁴  [going after] the majority of [the inhabitants of] the town. But even [in the case of] the majority of [the inhabitants of] the town, if he, went¹⁵  to her, [let us say that] he who separates himself separates himself from the majority?¹⁶  — It speaks of a case¹⁷  when she went to him.¹⁸  so that he was stationary,¹⁹  and R. Zera said: All that is stationary is considered as half to half.²⁰  But do we require two majorities? Has it not been taught: if nine [meat] shops.²¹  all of them, sell ritually killed meat. and one [shop sells] meat not ritually slaughtered and he bought in²²  one of them and he does not know in which of them he bought. it is prohibited because of the doubt;²³  but if [meat] was found,²⁴  one goes after the majority?²⁵  And if you will say that [it speaks of a case] when the gates of the city are not closed,²⁶  so that a majority²⁷  came [also] from outside,²⁸  did not R. Zera say: even when²⁹  the gates of the city are closed? — Where purity of descent is concerned they³⁰  put up a higher standard.³¹

The text says: 'R. Zera said: All that is stationary is considered as half to half.' [This apparently means] whether it is for leniency or for strictness.³²  Whence does R. Zera take it? Shall I say from [the Baraitha which teaches that] if nine [meat] shops, all of them, sell ritually killed meat and one [shop sells] meat not ritually slaughtered and he bought in one of them³³  and he does not know in which of them he bought, it is prohibited because of the doubt; but if [meat] was found, one goes after the majority? There it is for strictness!³⁴  But [he derives it] from [the following]: If there were [in a certain place] nine frogs and one reptile³⁵  and he touches one of them and he does not know which of them he touched he is unclean because of the doubt? — There also it is for strictness!³⁶  — But [rather] from [the following]: If there were [in a certain place] nine reptiles and one frog and he touches one of them and he does not know which of them he touched, [if this happened] on private ground he is unclean because of the doubt, [but] if this happened in a public place,³⁷  he is clean because of the doubt.³⁸

And how do we know this³⁹  from the Bible? — The verse says: And if he lie in wait for him and rise up against him,⁴⁰  [that is to say that he is not guilty of murder] until he intended [to kill] him. And the Rabbis? — They said in the school of R. Jannai: This excludes one who throws a stone into [a group of people]. What case do you mean? Do you mean a case when there are nine idolators and one Israelite? Let it be sufficient for him⁴¹  that the majority are idolators, [and] even if [you will say that it is considered as] half to half, [the rule is that] when there is a doubt in capital cases one takes a lenient view! — It speaks of a case when there are nine Israelites and one idolator, so that the idolator is stationary, and whatever is stationary is considered as half to half.⁴²

It was stated: R. Hiyya b. Ashi [said that] Rab said [that] the law is according to R. Jose.⁴³  And R. Hanan b. Raba [said that] Rab said [that] it was [only] a decision for the hour.⁴⁴  R. Jeremiah argued: And for pure descent we do not require two majorities? Have we not learned:

1. Related in our Mishnah.
2. [H] var. lec. ([H]) 'spring', so Levy. V. also Krauss, TA. I 212. Jast.: 'Caravan', 'Station'.
3. [So that there were two majorities of fit persons — the majority of local inhabitants and the majority of visitors from outside].
4. Lit., 'separated himself'.
5. V. supra 13b and Glos.
6. To Palestine.]
7. Leaving out R. Dimi.
8. The people of the passing company.
9. The inhabitants of the town.
10. Lit., 'and these are fixed and stand'. — As to the point of the question, v. infra.
11. I.e., there must be two majorities.
12. That we do not go after the majority of the (passing) company.
13. Lit., 'a prohibition'
14. Lit., 'on account of'.
15. Lit., 'if they went', that is to say one of the inhabitants of the town.
16. I.e., he who comes away from a crowd, or a community is regarded as having come away from those who constitute the majority of the crowd or community. And if the majority of the town consists of fit people, we ought to assume that the man who had intercourse with the woman was one of the majority and did not disqualify her from marrying a priest, and that no blemish attaches to the child.
17. Lit., 'no, necessarily'.
18. Lit., 'to them'.
19. I.e., fixed in one place.
20. The rule of majority does not apply, v. infra.
21. Out of the ten meat-shops that are in the market
22. Lit., 'from'.
23. Lit., 'its doubt is prohibited'. [Because the prohibited minority is in a fixed, settled place (kabu'a), v. infra.]
24. In the market-place, in which the ten shops are situated.
25. And the majority of the shops sell ritually killed meat. Thus we see that one single majority is sufficient.
26. [And meat is admitted from the outside.]
27. Of butchers selling ritually killed meal.
28. Lit., 'from the world'. [So that there are two majorities — the majority of local Jewish butchers and the majority of Jewish butchers from outside.]
29. Lit., 'although'.
30. The Sages.
31. And therefore two majorities are required, cf. supra 13a.
32. I.e., whether the result of this rule is lenient or strict, that is, to allow or to prohibit (whichever it may be).
33. This illustrates the principle of kabu'a, a fixed, stationary prohibition.
34. And you cannot derive from this for leniency.
35. Dead reptiles make ritually unclean, but not frogs, v. Lev, XI, 29.
36. And you cannot derive from this for leniency.
37. [On the principle that a doubtful ease of uncleanness is clean if it arises in a public place but unclean if in private ground v. Sot. p. 140.]
38. From this Baraitha you can derive both for strictness and for leniency.
39. The rule: what is stationary is considered half to half.
40. V. Deut. XIX, 11.
41. Lit., 'let it be deduced by him'.
42. For full notes on this passage v. Sanh. (Sonc. ed.) p. 531, n. 4 and B.K. (Sonc. ed.) p. 253.
43. In our Mishnah.
44. A special decision for the occasion, regard having been had to certain circumstances, which is not to be taken as a precedent, for elsewhere two majorities are required.

[If] one found in it¹  an abandoned²  child — if the majority [of the inhabitants of the town consist of] non-Israelites [the child is] a non-Israelite, if the majority [of the inhabitants of the town consist of] Israelites [the child is] an Israelite, [and if the inhabitants of the town are] half to half, [the child is] an Israelite.³  And Rab said: They have taught this only with regard to sustaining it,⁴  but not with regard to pure descent. And Samuel said: [They have taught this only] with regard to removing debris⁵  for its sake?⁶  — That which Rab Judah said in the name of Rab⁷  [namely, that] the incident happened at the springs of Zepphoris,⁸  escaped his⁹  attention.¹⁰  But according to R. Hanan b. Raba who said [that] it was a decision for the hour,¹¹  it is difficult!¹²  He who taught this¹³  did not teach that.¹⁴

The [above] text [says]: '[If] one found in it an abandoned child — if the majorlty [of the inhabitants of the town consist of] non-Israelites [the child is] a non-Israelite. if the majority [of the inhabitants of the town consist of] Israelites [the child is] an Israelite, [and if the inhabitants of the town are) half to half [the child is] an Israelite. Rab said: They have taught this only with regard to sustaining it, but not with regard to pure descent. But Samuel said: [They have taught this only] with regard to removing debris for its sake.' But did Samuel say so? Did not R. Joseph say that R. Judah said in the name of Samuel: We do not go with regard to saving life after the majority?¹⁵  — But the saying of Samuel referred¹⁶  to the first clause: 'If the majority [of the inhabitants of the town consist of] non-Israelites [the child is] a non-Israelite.' [Upon this] Samuel said: And with regard to removing debris it is not so,¹⁷  'If the majority [of the inhabitants of the town consist of] non-Israelites [the child is] a non-Israelite' — for what practical purpose [is this taught]? — R. Papa said: To allow him to eat [meat of] animals not ritually slaughtered. — 'If the majority [of the inhabitants of the town consists of] Israelites [the child is] an Israelite,' — for what practical purpose [is this taught]? — R. Papa said: That one returns to him a lost object.¹⁸  If [the inhabitants of the town are] half to half [the child is] an Israelite' — for what practical purpose [is this taught]? Resh Lakish said: With regard to damages.¹⁹  How shall we imagine this case? Shall we say that an ox of ours²⁰  gored²¹  an ox of his?²²  [In this case] let him²³  say to him.²⁴  'Bring evidence that you are an Israelite — and take!²⁵  It speaks of a case when an ox of his²⁶  gored an ox of ours²⁷  — one half he²⁸  pays, and with regard to the other half he says to them,²⁹  'Bring evidence that I am not an Israelite and I will pay³⁰  you.³¹

CHAPTER II

MISHNAH. IF A WOMAN BECAME A WIDOW OR WAS DIVORCED³²  [AND] SHE SAYS, 'THOU DIDST MARRY ME [AS] A VIRGIN,'³³  AND HE SAYS, 'NOT SO, BUT I MARRIED THEE [AS] A WIDOW,'^34-35 — IF THERE ARE WITNESSES THAT SHE WENT OUT³⁶  WITH A HINUMA³⁷  AND HER HEAD UNCOVERED,³⁸  HER KETHUBAH IS TWO HUNDRED [ZUZ.]³⁹  R. JOHANAN THE SON OF BEROKA SAYS: ALSO THE DISTRIBUTION OF ROASTED EARS OF CORN IS EVIDENCE.⁴⁰  AND R. JOSHUA ADMITS THAT, IF ONE SAYS⁴¹  TO HIS FELLOW,⁴²  THIS FIELD BELONGED TO YOUR FATHER AND I BOUGHT IT FROM HIM. HE IS BELIEVED,

1. In a town in which Israelites and non-Israelites live.
2. Lit., 'thrown away'.
3. Mak. VII, 2.
4. [Jews are in duty bound to support their own poor.]
5. On Sabbath.
6. It would appear from this text with regard to pure descent that one majority' is not sufficient.
7. Lit., '(that) Rab said'.
8. So that there were two majorities, v. supra p. 81, n. 3.
9. R. Jeremiah.
10. Had R. Jeremiah not overlooked this he would not have asked his question, for indeed two majorities were required for pure descent.
11. It is now being assumed that R. Hanan also accepted the explanation that it occurred at the springs of Zepphoris, so that there were two majorities and he regards this ruling of R. Johanan b. Nuri only as a special decision, but elsewhere, two majorities are not required.
12. Why does Rab say in the case of the abandoned child 'but nor with regard to pure descent', which would shew that Rab requires two majorities also in other cases?
13. That Rab said here 'but not with regard to pure descent'.
14. That R. Judah said in the name of Rab that the incident happened at the springs of Zepphoris. Indeed there was only one majority there, and therefore R. Hanan said, 'it was a decision for the hour', v. supra, p 83, n. 10 In all other cases two majorities are required.
15. Where it is a question of saving life the minority had to be equally taken into considerations.
16. Lit., but when that of Samuel was said, it was said with regard'.
17. One must remove the debris from the child in any case.
18. V. B.M. (Sonc. ed.) p. 149, n. 6.
19. V. B.K. (Sonc. ed ) p. 211, n. 6.
20. Belonging to Israelites.
21. Cf. Ex. XXI, 35, 36.
22. Belonging to the erstwhile abandoned child.
23. The Israelite,
24. To him who was an abandoned child.
25. The damages due to you.
26. Belonging to the erstwhile abandoned child.
27. Belonging to Israelites.
28. The erstwhile abandoned child.
29. To the Israelites.
30. Lit., 'give.'
31. The other half as well, that is full damages, v. B.K. loc. cit.
32. Lit., 'the woman who became a widow or was divorced.'
33. And the kethubah is two hundred zuz.
34. And the kethubah is one hundred sins.
35. If the woman became a widow the dispute is between her and the heir (or heirs) of the husband.
36. On her wedding day, from the house of her father to the house of her husband.
37. For the meaning of this word v. infra p. 95.
38. That is, her hair loosened; for the meaning of [H] cf. Num. V, 18.
39. Because only virgin-brides went out on their wedding day with a hinuma and with the hair of the head loosened.
40. That she was a virgin. They used to distribute roasted ears of corn to little children at the weddings of maidens, but not of widows or divorcees.
41. Lit., 'in (the case of) one (who) says.'
42. I.e., to another man.