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KESUVOS 15

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SUMMARY

If a woman was raped at a time that caravans of Kosher men are passing through the city, the woman is fit to marry a Kohen. (1)
 
If a woman was raped in Tzipori, the woman and the child are Pesulah for Kehunah. (2)
 
If nine out of ten stores in the city sell Kosher meat and one bought meat from one of the stores and he does not know from which one, the meat he bought is forbidden to eat. (3)
 
If one finds a piece of meat in the street, he follows the majority. (4)
 
If the object of a Safek is stationary, the two sides of the Safek are regarded as equally balanced.
 
If there are nine frogs and one Sheretz and a person does not know which one he touched, he is Tamei.
 
If there are nine Sheratzim and one frog and a person does not know which one he touched, if the Safek is in a public domain he is Tahor. (5)
 
The Tana'im disagree about whether one is Chayav if he intended to murder one person and instead killed a different person.
 
A Safek about whether one is Chayav Misah is judged leniently.
 
If someone throws a stone into a crowd of people comprised of nine Jews and one Nochri, he is Patur. (6)
 
If a child is found in a city with a Jewish majority, we regard her as a Yisrael for the purpose of providing for her, but she is Pesulah to marry a Kohen. (7)
 
7. Shmuel: If a child is found in a city with a Nochri majority, we regard the him as a Jew for the purpose of being Mechalel Shabbos in order to save his life. (8)
 
If a child is found in a city with a Nochri majority, we may feed him non-Kosher food.
 
If a child is found in a city with a Jewish majority, we must return to him his lost object.
 
If a child is found in a city that is half Jewish, he must pay only half of the damages if his ox gores the ox of a Jew.
 
A woman claims that she married as a Besulah and her husband says that she was a widow. If she has witnesses that she went to the Chupah with uncovered hair, she receives 200 Zuz for her Kesuvah. (9)
 
If someone tells his friend, This field belonged to your father and I bought it from him," he is believed.

A BIT MORE

1. In a place where the majority of people are Kosher and a caravan of Kosher men are passing through the city, since there are two majorities of people that are Kosher, the woman who was raped is permitted to marry a Kohen.
 
2. Even though the majority of people in Tzipori are Kosher for Kehunah, since there is only one majority the woman and the child are Pesulah to Kehunah. Even though the Bo'el left his house when he went to have relations with the woman -- and there is a rule that anytime one separates himself from the majority, he has the status of the majority, and the majority of Tzipori is Kosher to Kehunah -- the Rabanan decreed that she is Pasul. They made this decree because of the possibility that she was raped when she went to the man's house, and in such a case she is Pesulah to Kehunah even if the majority of the people are Kosher to Kehunah. This is based on the logic of "Kavu'a": if the object of the Safek is stationary, we do not follow the majority.
 
3. Even though the majority of the stores are Kosher, when the object of the Safek (the store) is stationary, we do not follow the majority.
 
4. If most of the stores in the city are Kosher, one may assume that it came from a Kosher store and it is Kosher.
 
5. This is because a Safek Tum'ah in a public domain is deemed Tahor. Even though the majority are Sheratzim, and thus it should not even be regarded as a Safek Tum'ah, since the object of the Safek is stationary it is regarded as an equally balanced Safek, and since it is a Safek in a public domain he is Tahor.
 
6. This is because they are "Kavu'a," and therefore we do not follow the majority.
 
7. This is because with regard to Yuchsin, a simple majority is not enough, and two majorities are required.
 
8. This is because with respect to Piku'ach Nefesh, we do not follow the majority.
 
9. Rebbi Yochanan ben Nuri says that if they distributed toasted wheat, it is a proof that she was married as a Besulah.

BRIEF INSIGHT

TWO MAJORITIES
 
The Gemara says that in a case of two majorities, a woman who was raped is fit for Kehunah. The Ritva says that even if the woman is unsure who the rapist was, according to Rebbi Yehoshua she is fit for Kehunah since there are two majorities, but according to Raban Gamliel the woman is Pesulah to Kehunah even though there are two majorities. Just as Raban Gamliel does not give credence to a Sfek Sfeika, he does not give credence to two majorities unless the woman's claim is Bari (certain).

QUICK HALACHAH

A CHILD FOUND IN THE STREET
 
If a child is found in a city that has both Jewish and Nochri residents, whether the city has a majority of Jewish residents or a majority of Nochri residents, the child is regarded as a Safek with respect to marriage. If he is Mekadesh a woman, she needs a Get mi'Safek. (Shulchan Aruch EH 4:32)

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