37b----------------------------------------37b
6)
(a) Abaye proves from another statement of Rebbi Eliezer ben Yakov, that he considers a Safek Mamzer like a Vadai Mamzer. What does Rebbi Eliezer ben Yakov say about a man who had relations with many women or vice-versa? From which Pasuk in Kedoshim does he derive this?
(b) How does Rava explain the word "Zimah"?
(c) What did Rebbi Eliezer ben Yakov say over and above this, regarding marrying two wives in two countries?
(d) How do we reconcile this with Rav and Rav Nachman, who would marry a woman for a short time when they traveled to distant towns (to Dardeshir and Shechintziv, respectively, despite the fact that they had wives where they lived)?
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7)
(a) We query Rav and Rav Nachman's practice from a ruling of Rava. What did Rava say about a woman who accepts a man's proposal for marriage?
(b) How do we reconcile Rav and Rav Nachman's practice with Rava's ruling?
(c) Alternatively, the Rabanan did not actually marry the women in question, but only designated them, in case they wanted to live with them. What was the point of doing that?
(d) But surely, if they intended to live with them, they would not be able to, because of Nidus, and if they did not, then what they did was pointless (see Tosfos DH 'Yichudi')?
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8)
What does Rebbi Eliezer ben Yakov in a Beraisa learn from the Pasuk in Mishlei "Al Tachresh al Re'echa Ra'ah, v'Hu Yoshev la'Vetach Itcha"?
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9)
(a) We now discuss a case where the Safek (son of the first [deceased] husband or of the second one) and the Yavam both claim the inheritance of the first husband. What is each one's argument?
(b) What is the Halachah?
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10)
(a) What does each side argue in a case where the Safek and the sons of the Yavam both claim the inheritance of the first husband?
(b) The Rabanan suggested to Rav Mesharshaya that this was similar to the Mishnah in Nos'in al ha'Anusah, which talks about the Safek (seventh-month first husband, ninth-month second one) against the sons of the two husbands. What does the Mishnah rule there?
(c) What would the equivalent Din be here?
(d) Rav Mesharshaya told them that the cases were not even similar. Why not? What will the Din therefore be in our case?
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11)
(a) Rav Mesharshaya therefore compares the Mishnah in Nos'in al ha'Anusah to the Safek and the sons of the Yavam who are both claiming the inheritance of the Yavam. Having already received a half of the first brother's property, what is the Safek now claiming?
(b) Under what circumstances would he be interested in doing this?
(c) Rebbi Aba says 'Kam Dina'. What does 'Kam Dina' mean?
(d) What does Rav Yirmeyahu say?
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12)
(a) And we query their Machlokes in that it appears to mimic a Machlokes in Kesuvos between Admon and the Rabanan, who argue over a case where someone who owned a field that was surrounded by four other fields, goes overseas, and when he returns nobody remembers through whose field his path led. According to Admon, he may take the shortest route (which will be explained shortly). What do the Rabanan say?
(b) Why do we initially think that Admon is right?
(c) What does Rav Yehudah Amar Rav say that makes us wonder how Admon could ever have said such a thing?
(d) What does Rava mean when he says that if four came on the strength of four or on the strength of one, even Admon will agree?
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13)
(a) And the Machlokes is in a case when one man comes on the strength of four. Admon maintains that the owner of the single field can claim a path 'mi'Mah Nafshach' (seeing as the four fields are owned by a sole owner, who cannot deny that, originally, he [the owner of the middle field] had a path leading to his field). What do the Rabanan say?
(b) Why do we try to establish Rebbi Aba (whom we just quoted) like the Rabanan, and Rav Yirmeyahu like Admon?
(c) Why will ...
1. ... Rebbi Aba nevertheless maintain that even Admon agrees with him?
2. ... Rav Yirmeyahu say maintain even the Rabanan agree with him?
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