Kiddushin - Daf 66
- אשתו זינתה בעד אחד ושותק
The Gemara brings the following question: אשתו זינתה בעד אחד – If a single witness tells a man that his wife committed adultery, ושותק – and the husband is silent, does she become prohibited to her husband? Abaye says: נאמן – he is believed, and she is prohibited to him, and Rava says he is not believed: הוי דבר שבערוה – it is a matter concerning ervah (forbidden relations), ואין דבר שבערוה פחות משנים – and a matter concerning ervah cannot be established by fewer than two witnesses. Abaye seeks support for his position from an incident involving a blind man who was told by a single witness that his wife committed adultery. He came to Shmuel, who told him: אי מהימן לך זיל אפקה – If you trust him, go divorce her, ואי לא לא תפיק – but if not, do not divorce her. Presumably, he meant that if the witness is valid, he would have to divorce his wife!? Rava answered that Shmuel meant that if he especially trusts this witness כבי תרי – like two witnesses, then he should divorce her.
- King Yannai’s lineage is challenged, and his murderous reaction
A Baraisa relates that when King Yannai returned from a successful conquest, he made a celebratory feast, inviting the Sages of Israel. A wicked man present, Elazar ben Po’irah, claimed that they were opposed to him, and suggested that he wear the tzitz to see their reaction. He did so, and an elder named Yehudah ben Gedidyah said, “King Yannai! רב לך כתר מלכות – The crown of kingship is enough for you. הנח כתר כהונה לזרעו של אהרן – Leave the crown of Kehunah to Aharon’s descendants!” This was based on information that Yannai’s mother was captured and disqualified from Kehunah, but it was investigated and found without merit (this point is later discussed). Elazar told Yannai that as king and Kohen Gadol, he should not suffer such indignity, and advised him to kill the Sages. Yannai asked: ותורה מה תהא עליה – But what will be with the Torah if the Sages are killed? Elazar responded: הרי כרוכה ומונחת בקרן זוית – It is rolled and resting in a corner; כל הרוצה ללמוד יבוא וילמוד – anyone who wishes to study it, let him come and study it! Yannai’s acceptance of this argument was an allowance of heretical ideas, since it did not account for Torah she’Ba’al peh which would be forgotten. He killed all the Sages, and the world was desolate until Shimon ben Shetach came and restored the Torah to its former position. Rashi explains that Shimon ben Shetach was the king’s brother-in-law and his sister had saved him by hiding him.
- Machlokes about the mikveh which was found deficient, inferring from בעל מום or חלל
A Baraisa discusses a mikveh used under the presumption that it contained forty se’ah and was later found deficient. Rebbe Tarfon ruled all the taharos previously prepared based on this mikveh to be tahor (by assuming it was full until found deficient), and Rebbe Akiva ruled them tamei. Rebbe Tarfon explained: מקוה זה בחזקת שלם הוא עומד –this mikveh was presumed to be full and should not be ruled deficient earlier out of doubt. Rebbe Akiva responded that the people (or utensils) who were tovel in this mikveh were previously tamei and should not be ruled tahor (based on the questionable mikveh) out of doubt. Rebbe Tarfon continued that it is analogous to a Kohen performing avodah, who was discovered to be a son of a divorcee or chalutzah (rendering him a chalal, and unfit for avodah), that his previously performed avodah is valid (based on a derashah brought later). Here, too, those who previously immersed in this mikveh should be ruled tahor. Rebbe Akiva responded that it is analogous to a Kohen discovered to be a בעל מום, whose previous avodah is invalid. He explained it is more similar to a בעל מום, both of which can come about through the testimony of a single witness, and both are disqualifications in the mikveh and Kohen themselves. Rebbe Tarfon replied: עקיבא כל הפורש ממך כפורש מן החיים – Akiva, whoever separates from you, is like one who separates from life itself!
