FOR WHICH RUMORS ARE WE CONCERNED?
(Rava): If there are rumors that she had Bi'as Zenus, we are not concerned for this.
This is because we assume that the rumors started due to mere lewdness, not Bi'ah.
Tana'im argue about this.
(Beraisa - R. Meir): If a woman ate, walked haughtily, or nursed a baby in the market, her husband must divorce her (lest she had or will have Bi'as Zenus);
R. Akiva says, he need not divorce her until she becomes the subject of gossiping women.
R. Yochanan ben Nuri: If so, anyone who hates a woman can break up her marriage by starting rumors. The Torah said that one must divorce only due to Ervas Davar (infidelity)!
We learn a Gezeirah Shavah between "Ervas Davar" and "according to two or three witnesses a Davar (matter) will be established." In both cases, solid evidence is required.
(Beraisa): We are not concerned for the following rumors:
Leah is not a virgin;
She was fully married or Mekudeshes (a while ago);
She was Mekudeshes today, but the rumor omits the name of the husband;
She was Mekudeshes today in another city;
She is a Mamzeres or slave;
Reuven made his property Hekdesh or Hefker.
(Ula): We are not concerned for mere hearsay (that Leah was Mekudeshes), unless there were lamps burning, spread beds, and people were going in and out saying 'Leah will be Mekudeshes today.'
Question: Why should we be concerned? They said she will be Mekudeshes. Perhaps she did not become Mekudeshes!
Correction: Rather, they said she became Mekudeshes today.
(Levi - Beraisa): We are concerned only if there were spread beds and women happily weaving by burning lamps and saying 'Leah will be Mekudeshes today.'
Question: Why should we be concerned? Perhaps she did not become Mekudeshes!
Correction (Rav Papa): Rather, they said that she became Mekudeshes today.
(Rabah bar bar Chanah): We are concerned only if lamps were burning, beds were spread and people were going in and out;
If they said something, we are concerned. If not, this is an excuse.
Question: If they didn't say anything, this is not an excuse. There is no concern!
Answer: This clause teaches unlike Rabah bar Rav Huna, who says that an excuse can come even 10 days later;
Rabah bar bar Chanah holds that if there was talk about Kidushin, an excuse will not help later.
(R. Aba): We are not concerned for mere hearsay, unless two bearers of the rumor say from whom they heard, and also their sources, and we can trace the rumors until we reach clarity.
Question: If we reach clarity, that is testimony (not mere rumors)!
Correction (Rav Shmuel bar Yehudah citing R. Aba): The bearers of the rumor must name their sources, who are now overseas.
Question (Abaye): Does Beis Din silence unsubstantiated rumors?
Answer (Rav Yosef): Rav Chisda said that the bearers must name sources who are valid witnesses. Since we are concerned only for solid rumors, it follows that we silence unsubstantiated rumors.
Objection (Abaye): Just the opposite! Rav Sheshes said that we are concerned even for rumors from women - it follows, we do not silence rumors.
Answer (Rav Yosef): Different places conduct differently. In Sura, they silence rumors. In Neharde'a, they do not.
There was a rumor that Leah became Mekudeshes to a Talmid.
Rav Chama: What happened?
Her father: She was Mekudeshes on condition that he will not go to Bei Chuzai, and he went!
Rav Chama: Since this excuse was not heard when the rumor started, you are not believed (to quell the rumor).
There was a rumor that Leah received remnants of dates left on pits (which are fitting for animals) for Kidushin money, near a spring.
Question (Rav Idi bar Avin): What is the law?
Answer (Abaye): All agree that we silence such a rumor. People will assume that it was found that the date remnants were not worth a Perutah.
Rumors came out that Leah became Mekudeshes to one of Reuven's sons.
(Rava): All agree that we silence such a rumor. People will say that it was found that a minor was Mekadesh her.
Rumors came out that Leah became Mekudeshes to Shimon, who was a minor as tall as an adult.
(Rav Mordechai): (All agree that we silence such a rumor). People realize that he is immature, and they will say that it was found that he is a minor.
(Rabah bar bar Chanah): An excuse can come even 10 days later.
(Rav Zvid): Even the possibility of an excuse is like an excuse.
Question (Rav Papa - Mishnah): As long as there is not an excuse...
Answer (Rav Zvid): It means 'as long as there is not the possibility of an excuse.'
Support (for Rav Zvid - Rav Kahana - Mishnah): If (Leah's husband Reuven went overseas and one witness told her that Reuven died, and) Levi was Mekadesh her, and Reuven returned, she is permitted to Reuven.
Suggestion: Even though people will assume that Reuven divorced her, we are not concerned, for they will assume that Levi's Kidushin was on condition!
Rejection (Rav Papa): There is different, for Reuven returned. (They will suspect that she was not divorced, rather she thought that Reuven died.)
Question: If so, she should be permitted even if she married Levi!
Answer: If she remarried, she transgressed, so she is fined. If she only became Mekudeshes, she did not transgress, so she is not fined.
(Rav Ashi): We are not concerned for a rumor that was not affirmed by Beis Din.
(Rav Ashi): We are not concerned for a rumor that started after Leah was married.
Inference: We are concerned for rumors that started after Kidushin.
(Rav Chaviva): We are not concerned for rumors that started after Kidushin.
The Halachah is, we are not concerned.
AN APPARENT SECOND MARRIAGE
Question (Bei Rav): If there were rumors that Reuven was Mekadesh Leah, and then Shimon was Mekadesh her with witnesses, what is the law?
Answer (Shmuel): She must leave Shimon. You should clarify the matter and inform me.
Question: What did Shmuel intend to do when he hears?
Suggestion: If he hears that the rumors were unsubstantiated, he will silence the rumors.
Rejection: Shmuel is from Neharde'a. In Neharde'a they do not silence rumors!
Answer: If the rumors are found to be true, she does not need a Get from Shimon. He argues with Rav Huna:
(Rav Huna): If Sarah was (assumed to be) married to Levi, and she accepted Kidushin money from Yehudah, she is Mekudeshes to Yehudah, due to Rav Hamnuna's law.
(Rav Hamnuna): If a woman said to her husband 'you divorced me' she is believed, for a woman lacks the audacity to say such a lie to her husband.
Shmuel holds that Rav Hamnuna's law applies only when she says this in front of her husband, but she is able to lie when not in front of him.
Question: What do we do if the rumors are found to be unsubstantiated?
Answer #1 (Rav Huna): Reuven divorces her, and she marries Shimon. We do not allow that Shimon divorce her and she will marry Reuven.
Question: What is the reason?
Answer: People will say that the rumors were true, Reuven divorced her, and now he is Machazir Gerushaso (remarries his ex-wife) after she became Mekudeshes to another man.
Answer #2 (Rav Shinena brei d'Rav Idi): We even allow that Shimon divorces her and she marries Reuven.
People will say that Chachamim investigated and found that Shimon's Kidushin was Pasul.
Question: If there are rumors that Sarah became Mekudeshes to Levi, and later rumors that she became Mekudeshes to Yehudah, what is the law?
Answer #1 (Rav Papa): Also in this case, Levi divorces her, and she marries Yehudah (but not vice-versa).
Answer #2 (Ameimar): She can marry either one (after receiving a Get from the other).
The Halachah follows Ameimar.