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KESUVOS 23

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SUMMARY

When one witness says that a woman accepted Kidushin and another witness denies it, if she gets married she may stay with her husband.
 
When one witness says that a woman was divorced and another witness denies it, if she gets married she may not stay with her husband.
 
If two witnesses say that they saw a woman accept Kidushin, and two other witnesses say that they did not see it, if she gets married she may not stay with her husband. (1)
 
Two witnesses say that they saw a woman receive a Get, and two other witnesses say that they did not see it. If she gets married, she may stay with her husband. (2)
 
The Amora'im disagree about whether a woman is believed when she claims, not in the presence of her husband, that she is divorced.
 
If a woman claims that she was married but now she is divorced, once Beis Din permits her to remarry, she remains permitted even if witness come and say that she was married.
 
If a woman says that she was captured but that she has witnesses that she is Tahor, we permit her to marry a Kohen.
 
If a woman who spent time in captivity marries a Kohen and subsequently witnesses come and testify that she is Tamei, she must get divorced from the Kohen, even if she has a lot of children from him.
 
If there are witnesses that a woman was captured, she is not believed to claim that she is Tahor.
 
If there are witnesses that a woman was captured, even one witness who testifies that she is Tahor is believed, even if it is a woman.
 
When a woman who was captured admits that she is Tamei, even if a witness testifies that she is Tahor she is forbidden to marry a Kohen. (3)

A BIT MORE

1. Even though the witnesses who say that they did not see her accept Kidushin live in the same courtyard as she, the fact that they did not see her accept Kidushin is no proof because it is usual for a woman to accept Kidushin in private.
 
2. Even though the witnesses who say that they did not see her get divorced live in the same courtyard as she, the fact that they did not see her get divorced is no proof because it is normal for a woman to get divorced in private.
 
3. This is because of the concept of "Shavya a'Nafshah Chatichah d'Isura" -- she created her own Isur upon herself.

BRIEF INSIGHT

A CHAZAKAH THAT A WOMAN IS UNMARRIED
 
Abaye rules that when one witness says that a woman accepted Kidushin and another witness contradicts him, she may not get married, but if she does she may stay with her husband. Tosfos says that even if no witness contradicts the witness who says that she accepted Kidushin, she may stay with her husband, since one witness is not believed. Tosfos asks, why may she not get married even l'Chatchilah? Since there is only one witness who says that she accepted Kidushin, she should remain with her Chazakah that she is unmarried. Tosfos answers that in this case the man threw her the Kidushin, and the witnesses contradict each other about whether it landed closer to him or to her. Since he definitely threw her the Kidushin, the Chazakah does not apply.

QUICK HALACHAH

A CAPTURED WOMAN
 
If a woman says that she was captured but that she is Tahor and that she has witnesses that can testify that she is Tahor, we do not wait for those witnesses to arrive, and she is permitted immediately to marry a Kohen. Moreover, even if there is a Kol that there are witnesses that can testify that she is Tamei, we immediately permit her to a Kohen until the witnesses come to Beis Din. (Shulchan Aruch EH 7:6)

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