Kesubos - Daf 15
- Two majorities required when permitting a safek case to the Kehunah
The Mishnah on the bottom of Daf 14b stated: Rebbe Yose said: There was an incident involving a young girl who went to draw water from a spring and was violated by an unknown man. Rebbe Yochanan ben Nuri said: אם רוב אנשי העיר משיאין לכהונה הרי זו תינשא לכהונה – If rov of the townspeople are fit to have their daughters and widows marry into the Kehunah, then this girl may be married into the Kehunah. Rav Nachman told Rava that this is what Rav Yehudah said in the name of Rav: This Mishnah follows the view of Rebbe Yehoshua, and he rules leniently for the following reason: בקרונות של ציפורי היה מעשה – This incident in the Mishnah occurred among the wagons of Tzippori. Rashi explains that it took place during the market day when caravans come from outside the city. Therefore, there are תרי רובי – two majorities. Since the majority of the men in the city and the majority of the visitors have good yichus, she remains permitted to the Kehunah. Rebbe Yehoshua rules that the woman is passul when there is only a simple majority. But when there are two majorities, he rules that she is fit to marry a Kohen. The Gemara concludes that, מעלה עשו ביוחסין – the Rabbis set a high standard in yichus cases regarding a Kohen, and in a case of a safek whether someone is fit for the Kehunah, two majorities are required.
- The source for כל קבוע כמחצה על מחצה דמי and the case of nine Jews and one Canaani
Rebbe Zeira said: כל קבוע כמחצה על מחצה דמי בין לקולא בין לחומרא – Any safek relating to something stationed in its place is treated as having the probability of fifty-fifty, whether this leads to a kula or a chumra. The Gemara asks what is the d’Oraysa source for this ruling and answers that the passuk states regarding a murderer: וארב לו וקם עליו – and ambushes him and rises up against him. It was taught in the Beis Midrash of Rebbe Yannai פרט לזורק אבן לגו – that the passuk is coming to exclude from capital punishment one who throws a stone into a group of people consisting of Jews and Canaanim, and he kills a Jew. The Gemara asks what the case is that requires this teaching. If the group consisted of nine Canaanim and one Jew, the person would be exempt since the majority were Canaanim. If the group was half Jews and half Canaanim, it is a safek and the rule is ספק נפשות להקל – in a safek capital case we rule leniently. Rather, the Gemara clarifies, that the passuk is needed in a case where there are nine Jews in the group and one Canaani. The person who threw the rock is not killed because דהוה ליה כנעני קבוע וכל קבוע כמחצה על מחצה דמי – the Canaani is considered stationed in place, and any safek relating to something stationed in place is treated as having a probability of fifty-fifty.
- מצא בה תינוק מושלך
The Gemara brings a Mishnah in Machshirin that stated: מצא בה תינוק מושלך – If one found an abandoned child in a city, if rov of the residents are nochrim, he is a nochri. If rov of the residents are Jews, he is a Jew. מחצה על מחצה ישראל – If half of the residents are Jews and half are nochrim, he is treated as a Jew. Rav Pappa said that when the Mishnah stated that if the majority of the residents are nochrim, he is treated as a nochri, it means that we are permitted to feed him neveilos. When the Mishnah stated that if the majority of the residents are Jews he is treated as a Jew, it is with regard to hashavas aveidah, returning his lost property to him. When the Mishnah stated that if half the city are Jews, and half are nochrim he is treated as a Jew, Reish Lakish said it is לנזקין – referring to damages. This would be a case where the child’s ox gored a Jew’s ox. If the ox is a tam, as a Jew he pays half, and he can say to the claimants, “Bring proof that I am not a Jew and then I will pay you the full price.”
