Kiddushin - Daf 73
- Machlokes if גר נושא ממזרת
It was taught in a Baraisa: Rebbe Yose said: גר נושא ממזרת – A convert may marry a mamzeres, but Rebbe Yehudah says he cannot. The Gemara explains that the word "קהל" – congregation is written five times regarding those prohibited to marry into “Hashem’s congregation.” Rebbe Yose holds all five are needed: one prohibits a mamzer, etc. from marrying into a family (“congregation”) of Kohanim, one for Leviim, and one for Yisraelim. The fourth permits a mamzer to marry a “shetuki” (i.e., an uncertain mamzer), and the fifth permits a shetuki (Biblically) to marry a legitimate Yisroel. Since no "קהל" remains to include converts as a "קהל", it emerges that קהל גרים לא איקרי קהל – the congregation of converts is not considered a congregation regarding the prohibition to marry a mamzer. Three explanations are given why Rebbe Yehudah has an extra קהל to include converts.
- The prohibition of שתוקי
The Mishnah taught that a shetuki (one whose father is unknown) may not marry a legitimate Yisroel. Rava says that Biblically, a shetuki is permitted to a legitimate Yisroel (without concern for mamzerus). Only a minority of people who may have had relations with this unmarried woman are relatives who would render the child a mamzer, so if the man went to her, we rule כל דפירש מרובא פריש – whatever departs, we assume it departs from the majority( Even if the woman went to him, considering him "קבוע" – fixed in place, which is ruled כמחצה על מחצה – fifty-fifty, the child is still permitted to a legitimate Yisroel, because the Torah says: לא יבא ממזר – A mamzer may not enter into the congregation of Hashem, teaching: ממזר ודאי הוא דלא יבא הא ממזר ספק יבא – only a definite mamzer cannot enter, but an uncertain mamzer may enter. Rava initially explains that a shetuki is Rabbinically forbidden from marrying a legitimate Yisroel to avoid possibly marrying one’s paternal sister (since his father is unknown). The Gemara proves this is considered unlikely and concludes: מעלה עשו ביוחסין – they set a high standard regarding genealogy. A similar discussion and conclusion follow regarding an אסופי – foundling, whose father and mother are both unknown.
- Three people who are believed only when they testify immediately: אסופי חיה ופוטרת חברותיה
Rav Chisda said: שלשה נאמנים לאלתר אלו הן – Three people are believed only when they testify immediately, and they are: אסופי חיה ופוטרת חברותיה – one who testifies about an asufi, a midwife, and one releasing her fellow [women] from niddah concerns. The first was explained above by Rav: כל זמן שבשוק – as long as he is in the street, אביו ואמו נאמנים עליו – his father and mother are believed to claim he is their child. But once he was gathered in from the street, he is considered an asufi and requires full testimony. A Baraisa teaches that a midwife is believed about newborn twins to identify which emerged first, but only if she had not left the room. Rebbe Eliezer says that even if she merely turned her face away, she is no longer believed. In the final case, a Mishnah teaches that three women who slept in one bed, and blood is found under one of them, all are tamei (niddah) out of doubt. However, if one checked herself and found herself to be a niddah, we assume the blood came from her, and the others are tahor. Rav Chisda says this is only so if she checked herself immediately.
