Kiddushin - Daf 65
- If a man and woman disagree if they married
The next Mishnah states: האומר לאשה קדשתיך – If one says to a woman, “I married you,” והיא אומרת לא קדשתני – and she says, “You did not marry me,” הוא אסור בקרובותיה – he is forbidden to her relatives, והיא מותרת בקרוביו – but she is permitted to his relatives. Although he is not believed insofar as her prohibition to his relatives is concerned, nor for her to require a get, he is believed to prohibit her relatives to himself, through the principle of שוויה אנשפיה חתיכה דאיסורא – he made it a forbidden piece to himself (i.e., a person is believed when declaring something forbidden to himself). If she says he married her, and he denies it, the reverse is true (and she would require a get). Rav says: כופין – we force the man to give the get, and Shmuel says: מבקשין – we request of him, and the Gemara explains that where she claims he married her and he denies it, we request but do not force him to give her a get (since he denies marrying her), but if he voluntarily gave a get (which amounts to an admission of marriage), we force him to pay her kesubah.
- המקדש בעד אחד
Rav Yehudah says: המקדש בעד אחד אין חוששין לקידושיו – One who marries with a single witness, we are not concerned for his kiddushin, and she is permitted to marry someone else. Shmuel added that this is so אפילו שניהם מודים – even if they both admit that they married in his presence, because the single witness is insufficient not only for his testimony, but for the kiddushin itself to take effect. The Gemara deflects challenges to this principle and concludes that Rav Kahana said we are not concerned for such kiddushin, but Rav Pappa said we are. Rav Ashi asked Rav Kahana that if the reason to require two witnesses is a gezeirah shavah (דבר דבר) from ממון – monetary matters, then we should accept the admission of the man and woman as valid testimony, just like the rule in monetary matters, that הודאת בעל דין כמאה עדים דמי – the admission of the litigant is like one hundred witnesses!? He answered: התם לא קא חייב לאחריני – There, in monetary matters, [his admission] does not disadvantage anyone else, so he is believed to his own detriment, whereas הכא קא חייב לאחריני – here, regarding admission to kiddushin, [their admission] does disadvantage someone else (namely, their relatives, in becoming prohibited through their marriage), so they cannot be believed, and kiddushin does not take effect without two witnesses present.
- A single witness’s testimony, and the litigant’s silence, re: korban, tumah, and disqualifying a korban
Abaye said: אמר לו עד אחד אכלת חלב – If a single witness tells someone, “You inadvertently ate forbidden fats,” והלה שותק – and that [person] was silent, נאמן – [the witness] is believed, and the person must bring a korban chatas. Similarly, Abaye said that if a single witness tells someone, נטמאו טהרותיך – Your tahor foods became tamei,” and that person is silent, the witness is believed. Finally, Abaye said that if a single witness told someone, שורך נרבע – your cow was sodomized, and is disqualified from being used as a korban, and the owner is silent, the witness is believed. Abaye brings support from Tannaim for these rulings, and the Gemara explains the novelty of all three.
