1)

WE REQUIRE TWO MAJORITIES FOR LINEAGE

(a)

Answer (Rav Nachman): He holds like R. Yehoshua. He was lenient for the following reasons.

1.

(Rav Yehudah): The episode happened on the market day in Tzipori.

2.

(Rav Asi): Many Kosher people passed by.

3.

(R. Yanai): If Bi'ah took place in the wagons, she may marry a Kohen.

4.

Objection: Surely he does not mean in the wagons!

5.

Correction: Rather, if Bi'ah was at the time when caravans are frequent, she may marry a Kohen.

(b)

If a man of Tzipori separated and had Bi'ah, the child would be a Shtuki, like Ze'iri taught:

1.

(Ze'iri): We follow the majority of the city, but not the majority of passers-by.

2.

Objection: It is more reasonable to say the opposite! Passers-by are transient (so we may assume one came from the majority), but people of the city are Kavu'a (fixed)!

3.

Retraction: Rather, we follow the (Kosher) majority of the city, but only if there is also a (Kosher) majority of passers-by.

4.

A single majority is insufficient. If we would rely on a majority of passers-by, we would come to rely on a majority of city people.

(c)

Question: A majority of city dwellers is enough, if he separated and went to her!

(d)

Answer: Sometimes, she goes to him, and he is Kavu'a;

1.

(R. Zeira): Any doubt about an Isur Kavu'a is considered an even doubt.

(e)

Question: We do not require two majorities!

1.

(Beraisa): If nine stores sell Kosher meat and one sells Neveilah meat and one bought from one of the stores and does not know from which, the meat is forbidden.

2.

If meat is found (in the market), we follow the majority.

3.

Suggestion: Perhaps this is only if the doors of the city are open and a majority of passers-by sell Kosher meat (there are two majorities).

4.

Rejection: R. Zeira said that found meat is permitted, even if the city doors are locked!

(f)

Answer: It is a stringency of lineage to require two majorities.

2)

FIXED ISURIM

(a)

(R. Zeira): A Kavu'a Isur is always considered an even doubt, whether this is a leniency or a stringency.

(b)

Question: What it his source for this law?

(c)

Answer #1 (Beraisa): If nine stores sell slaughtered meat and one sells Neveilah, and one bought from one of the stores and does not know from which, the meat is forbidden. If meat is found, we follow the majority.

(d)

Rejection: There we are stringent. (We cannot learn from there to be lenient.)

(e)

Answer #2 (Beraisa): If one Tamei Sheretz (reptile) is among nine frogs (they are Tehorim) and someone touched one of the 10 and does not know which, he is Tamei.

(f)

Rejection: Also there we are stringent.

(g)

Answer #3 (Beraisa): If one frog is among nine Sheratzim and someone touched one of the 10 and does not know which:

1.

If this was in a private domain, he is Tamei. If it was in a public domain, he is Tahor.

(h)

Question: What is the source from the Torah?

(i)

Answer: "He waits in hiding" - a murderer is killed only if he intended to kill his victim (this is like R. Shimon. Our source is according to Chachamim who disagree);

1.

(D'Vei R. Yanai): Chachamim say that this excludes one who throws a rock into a crowd.

2.

Question: Who is in the crowd?

i.

If there are nine Nochrim and one Yisrael, even if we follow the majority we cannot kill the murderer!

ii.

If half of them are Yisraelim, we are always lenient about a Safek in capital cases (we would not need a verse to teach the law)!

3.

Answer: There are nine Yisraelim and one Nochri.

4.

Summation of answer: Since they are Kevu'im, we considered it to be an even doubt.

3)

HOW DO WE ESTABLISH OUR MISHNAH?

(a)

(R. Chiya bar Ashi): The Halachah follows R. Yosi (in our Mishnah).

(b)

(Rav Chanan bar Rava): The case of our Mishnah was a Hora'as Sha'ah (a special temporary ruling for an urgent need).

(c)

Question (R. Yirmiyah): We always require two majorities for lineage!

15b----------------------------------------15b

1.

(Mishnah): If a baby was found deserted:

i.

If the majority of the city is Nochrim, the child is a Nochri. If most are Yisraelim, he is a Yisrael. If half the city is Yisrael, he is a Yisrael.

2.

(Rav): We follow the majority to support him, but not for lineage.

3.

Shmuel: ...To unearth him on Shabbos (e.g. if a house collapsed on him).

(d)

Answer: Rav Yirmiyah had not heard that Rav established our Mishnah to be on the market day, and there were two majorities.

(e)

Question: This is difficult for Rav Chanan! (He said that it was a Hora'as Sha'ah to require two majorities in our Mishnah. Rav (normally) does not follow one majority for lineage!)

(f)

Answer: He holds that Rav did not establish our Mishnah to be on the market day.

4)

A DESERTED BABY

(a)

(Mishnah): If a baby was found deserted:

1.

If the majority of the city is Nochrim, the child is a Nochri. If most are Yisraelim, he is a Yisrael. If half the city is Yisrael, he is a Yisrael.

2.

(Rav): We follow the majority to support him, but not for lineage.

3.

Shmuel: ...To unearth him on Shabbos.

(b)

Question: Elsewhere, Shmuel taught that we do not follow the majority when there is mortal danger!

(c)

Correction: Shmuel refers to the Reisha. If the majority is Nochrim the child is a Nochri, but not regarding unearth him. (We Mechalel Shabbos, for perhaps he is a Yisrael.).

(d)

Question: To what does Shmuel apply 'if most are Nochrim, he is a Nochri'?

(e)

Answer (Rav Papa): We may feed him Neveilos.

(f)

Question: To what do we apply 'if most are Yisraelim, he is a Yisrael'?

(g)

Answer (Rav Papa): We return a lost item to him.

(h)

Question: To what do we apply 'if half are Yisraelim, he is a Yisrael'?

(i)

Answer (Reish Lakish): This applies to damages.

(j)

Objection: If a Yisrael's ox gored his ox he should be exempt until the victim proves that he is a Yisrael!

(k)

Correction: Rather, the case is that his ox gored the ox of a Yisrael. He pays half damage, like a Yisrael;

1.

He is exempt from paying the other half unless the victim proves that he is not a Yisrael.

PEREK HA'ISHAH SHE'NIS'ARMELAH
5)

IS A WOMAN BELIEVED TO SAY THAT SHE WAS A VIRGIN?

(a)

(Mishnah): If a widow or divorcee claims that she was a virgin when she was married, and he says that she was a widow, if witnesses say that she had a Hinuma (a dome of myrtle or a veil) and uncovered hair at the Chupah, her Kesuvah is 200;

(b)

R. Yochanan ben Berokah says, even if they distributed parched grain (at the Chupah), this proves that she was a virgin;

(c)

R. Yehoshua agrees that if Reuven says to Shimon 'this field belonged to your father and I bought it from him', Reuven is believed. The one who forbids is believed to permit (without his admission Shimon had no claim);

(d)

If witnesses testify that the field belonged to Shimon's father, and Reuven says 'I bought it from him', he is not believed.

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