Kiddushin - Daf 80
- מלקין על החזקות, סוקלין ושורפין על החזקות
Rebbe Yochanan says: מלקין על החזקות – We administer malkos based on legal presumptions, סוקלין ושורפין על החזקות – we execute by stoning and burning based on legal presumptions. The first ruling is based on Rav Yehudah’s statement: הוחזקה נדה בשכינותיה – If [a woman] became established as a niddah with her neighbors (who saw her that day wearing the clothing she wears as a niddah), בעלה לוקה עליה משום נדה – her husband would incur malkos for relations with her because of the niddah prohibition, although her niddah status was not factually known. The second ruling is based on Rabbah bar Rav Huna’s statement: איש ואשה תינוק ותינוקת שהגדילו בתוך הבית – In a case where a man, a woman, a young boy, and a young girl all grew up in the same house, creating the unproven presumption that they are parents and their children, נסקלין זה על זה – they are stoned to death because of each other (i.e., if the boy has relations with the woman, presumed to be his mother), ונשרפין זה על זה – and they are burned to death because of each other (i.e., if the girl has relations with the man, presumed to be her father).
- Machlokes if שורפין תרומה על החזקות
Reish Lakish said: שורפין על החזקות – We burn [terumah] based on legal presumptions indicating it became tamei, but Rebbe Yochanan said: אין שורפין על החזקות – we do not burn [terumah] based on legal presumptions. This parallels another machlokes they have: A Mishnah teaches that if a child is found near a dough, and dough is in his hand, Rebbe Meir rules the dough tahor, and the Chachomim say it is tamei, מפני שדרכו של תינוק לטפח – because it is the way of a child to play with sheratzim in garbage heaps, rendering him tamei, and (by extension) the dough he appears to have touched. Rebbe Meir holds that although most children play with sheratzim, a minority do not, and since the dough was tahor until now, we say: סמוך מיעוטא לחזקה – join the minority of children who are not tamei to the chazakah of the dough’s taharah, איתרע ליה רובא – and the majority position becomes weakened and does not indicate tumah. The Rabbonon hold: מיעוטא כמאן דליתא דמי – the minority is as if it does not exist, and cannot be joined with the dough’s chazakah, רובא וחזקה רובא עדיף – and where a majority position and a chazakah are in conflict, the majority prevails. Reish Lakish says that the terumah is burned according to the Rabbonon, whereas Rebbe Yochanan says it is not (because its tumah is uncertain).
- Yichud: A man with two women, and a woman with two men
The next Mishnah teaches the laws of yichud: לא יתייחד אדם עם שתי נשים – A man may not be secluded with two women, אבל אשה אחת מתייחדת עם שני אנשים – but a woman may be secluded with two men. Rebbe Shimon permits seclusion with two women, or spending the night with them, if his wife is present, מפני שאשתו משמרתו – because his wife watches him. Yichud is permitted with one’s mother or daughter. A Baraisa explains the distinction between two men and two women: הואיל ונשים דעתן קלות עליהן – because women’s minds are light to be persuaded, and both may agree to sin. Although Abba Shaul permits a burial performed by a man and two women, that is because בשעת אנינות תביר יצריה – during mourning, one’s desire is broken, and he will not have relations with them (the Rabbonon disagree). Rav says the permit for yichud with two men is only for morally upright people, אבל בפרוצים– but regarding immoral people, אפילו בי עשרה נמי לא – even with ten people, yichud is not permitted.
