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KESUVOS 13

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SUMMARY

When the wife claims that she was a Mukas Etz and the husband claims that she was Mezanah, the Tana'im disagree about who is believed. (1)
 
Rebbi Yochanan: A man who thinks he is marrying a Besulah and discovers that she is a Be'ulah must give her a Kesuvah of a 100 Zuz. (2)
 
Rebbi Yehoshua: If the wife claims that she was raped after the Kidushin, she is not believed even though she has a Migu that she could have said that she was a Mukas Etz. (3)
 
According to Rebbi Yochanan, Raban Gamliel maintains that the woman is believed when she says that she was a Mukas Etz even though she does not have a Migu. (4)
 
If a single woman is pregnant and she claims that the father is a Kohen, the Tana'im disagree about whether she is believed. (5)
 
Zeiri: "Medaberes" means seclusion. Rebbi Asi: It means relations.
 
Rav: A woman who secludes herself with a man is punished with Malkus, but if she is married she is permitted to her husband.
 
Raban Gamliel: A single woman who is pregnant is fit for Kehunah, even in a place where the majority of people are Pasul.
 
If witnesses testify that a woman was captured, she is Pasul for Kehunah, even according to Raban Gamliel. (6)
 
Raban Gamliel: A woman who is pregnant is fit for Kehunah even if the majority of people are Pasul. Rebbi Yehoshua: She is Pasul, even if the majority of people are not Pasul.
 
The Amora'im disagree about whether, according to Raban Gamliel, the daughter is also fit for Kehunah. (7)
 
If one of ten Kohanim has relations with a single woman and she gives birth and we do not know who the father is, the child is invalid for Kehunah.

A BIT MORE

1. Raban Gamliel and Rebbi Eliezer: She is believed. Rebbi Yehoshua: The husband is believed, and it is regarded as a Mekach Ta'us.
 
2. Rebbi Elazar: She gets nothing because it is a Mekach Ta'us.
 
3. She has a Migu that she could have said that she was a Mukas Etz, and she would have been fit to Kehunah. Instead she says that she was raped and is no longer fit for Kehunah.
 
4. She has no Migu because the Tana of the Mishnah follows Rebbi Meir, who says that a Mukas Etz receives her full Kesuvah, and thus there is no better claim that she could have made. However, according to the Rabanan -- who say that a Mukas Etz receives only 100 Zuz -- she has a Migu because she could have made a better claim and said that she became a Mukas Etz after the Kidushin, in which case she would have received 200 Zuz for her Kesuvah.
 
5. Raban Gamliel and Rebbi Eliezer: She is believed, and she is fit for Kehunah. Rebbi Yehoshua: She is not believed, and we suspect that she had a relationship with a Nasin or Mamzer and is Pasul to Kehunah unless she proves otherwise.
 
6. The reason is that she was captured by the Nochrim who are Pasul.
 
7. Even though the daughter does not have a Chazakah of Kashrus, she is fit for Kehunah.

BRIEF INSIGHT

BARI AND SHEMA
 
If the wife claims that she was a Mukas Etz and the husband claims that she was Mezanah, Raban Gamliel and Rebbi Eliezer say that she is believed. Rebbi Yehoshua says that the husband is believed and it is regarded as a Mekach Ta'us. Even according to Rebbi Yehoshua, the husband is believed only if his claim is Bari (definite) and he claims that he is certain that she was not a Besulah. However, if the wife claims that she was a Mukas Etz and the husband claims only that perhaps she was Mezanah, since his claim is uncertain he is not believed and the woman is regarded as a Mukas Etz, and she is permitted to her husband even if he is a Kohen. (Shiltei Giborim)

QUICK HALACHAH

MUKAS ETZ
 
If we witness a single girl have relations and the Bo'el is no longer present, and we ask her who the Bo'el is and she says that he is a Kosher man, she is believed. Moreover, even if we see that she is pregnant and we ask her who the father is and she says that he is a Kosher man, she is believed, and both she and her daughter are permitted to a Kohen. (Shulchan Aruch EH 6:7)

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