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GITIN 89

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SUMMARY

If a Kol goes out that a woman ate in the market or walked haughtily or nursed her child in the market, according to R. Meir she must leave her husband.
 
R. Akiva says that she is permitted to her husband unless the women who weave by moonlight are spreading rumors about her.
 
R. Yochanan Ben Nuri says that a woman is never prohibited to her husband on the basis of a Kol because otherwise there won't be one daughter of Avraham Avinu who will be permitted to her husband.
 
If a Kol goes out that a woman is a Be'ulah and she is forbidden to a Kohen Gadol the Kol is ignored. (1)
 
If a Kol goes out that a woman is a Nesu'ah or an Arusah or that she was Mekudeshes today to a nameless Chasan, or she was Mekudeshes today in a different city we ignore the Kol. (2)
 
If a Kol goes out that a woman is a maidservant or a Mamzeres or that Ploni was Mekadesh or Mafkir his property we ignore the Kol. (3)
 
If candles are lit and the people are going in and out and joyously saying that Ploni was Niskadshah today it is a legitimate Kol and she is regarded as Mekudeshes.
 
If the Kol is dispelled after 10 days it is a Machlokes if the Kol is void. (4)
 
Rav says that a Kol is void unless Ploni heard it from Ploni who heard it from Ploni who went overseas.
 
R. Chisda says a Kol is void unless it was heard from people who are Kosher for Eidus.
 
R. Sheshes says that even a Kol that is heard from women is a valid Kol.
 
In Sura they are Mevatel a Kol and in Neharda'a they are not Mevatel a Kol. (5)
 
R. Zevid says that if a Kol goes out and there is reason to suspect that the Kol will be dispelled the Kol is void.
 
If one witness testifies that a husband died and the wife accepted Kidushin from someone else and then the husband returned she may go back to her husband.
 
If the wife remarried and then the husband returned she may not go back to her husband because the Rabanan penalize her since she committed an Aveirah when she remarried. (6)
 
If a Kol goes out after a woman has already married that she had accepted a Kidushin previously from someone else the Kol is void, but if the Kol goes out after the woman became an Arusah it is a Machlokes Amora'im.
 
Rav Hamnuna says that if a woman says to her husband that you divorced me she is believed because if it was not true she would not have the Chutzpa to make that claim.
 
R. Huna holds that a woman is believed to say that her husband divorced her even if her husband is not present; therefore if a married woman accepts a Kidushin from someone else she is Mekudeshes. (7)
 
Shmuel holds that a woman is only believed that her husband divorced her if she says so in his presence.
 
If a Kol goes out that a woman was Niskadshah and then she accepted Kidushin from someone else if the Kol is not substantiated if she receives a Get from the first Kidushin she may marry the second.
 
R. Huna says that if she receives a Get from the second Kidushin she may not marry the first husband because people may think that she is remarrying the first husband after marrying someone else. (8)
 
If a Kol goes out that a woman was Niskadshah and then a second Kol goes out that she was Niskadshah to someone else R. Papa holds that in this case as well if she receives a Get from the second Kidushin she may not marry the first.
 
Ameimar holds that in this case if she receives a Get from the second Kidushin she may marry the first.

A BIT MORE

1. Because we assume that the Kol is based on mere licentious behavior but not on actual Znus. The only time we pay heed to a Kol is when there are solid indications to the legitimacy of the Kol.
 
2. The only type of Kol that is given any credence is a Kol that she was Mekudeshes today to Ploni in this city.
 
3 According to R. Yochanan the Kol is only void if the Kol is dispelled immediately with the qualification that it was a Safek Kidushin, while Rabah Bar Huna holds even if only after 10 days the Kol goes out that it was Safek Kidushin the Kol is void.
 
4. If a Kol is heard from women or children they are silenced. Alternatively, if there is a Kol that Ploni heard it from Ploni who heard it from Ploni who went overseas and when Ploni returns from overseas he denies the Kol we are Mevatel the Kol.
 

 
5. The Rabanan were lenient and permit a woman to remarry on the basis of one witness because they wanted to ease the plight of an Agunah and they relied on the fact that the wife will not remarry without first clarifying if the husband is in fact no longer alive. If she remarries and he husband returns she is forbidden to her husband even though that which she married someone else is regarded as an Ones being that Beis Din allowed her to remarry, however the Rabanan penalize her since it is obvious that she did not clarify sufficiently before remarrying.
 
6. Because it is tantamount to saying that her husband divorced her because otherwise why is she accepting Kidushin from someone else.
 
7. R. Shisha Bar Idi says that if she receives a Get from the second husband she may marry the first husband because people will think that the Rabanan decided that the second Kidushin was a Kidushin Ta'us.

BRIEF INSIGHT

A GENUINE KOL
 
Rav says that a Kol is void unless Ploni heard it from Ploni who heard it from Ploni who went overseas. The Rashba explains that Reuven and Shimon are in front of us and Reuven says that he heard the Kol from Levi and Shimon says that he heard it from Yehudah and Levi and Yehudah went overseas. However, if Reuven heard the Kol from Shimon and Shimon heard it from Levi and Levi went overseas it is not a Kol, because the Rabanan only give credence to a Kol if we have two witnesses even though one witness heard from another witness, but if there is only one witness the Kol is void.

QUICK HALACHAH

ONE KOL AFTER ANOTHER
 
If a woman has a Chazakah of being an Eshes Ish whether it is from Nisu'in or Erusin and a Kol goes out that she is divorced even if the Kol is coming from most of the city we ignore the Kol and she remains an Eshes Ish. However if a Kol goes out that she is Mekudeshes and the Kol is Huchzak in Beis Din she is Mekudeshes mi'Safek If afterwards another Kol goes out that she is divorced she is regarded as divorced because the Kol prohibits her and also permits her. (Rambam Hilchos Gerushin 10:20)
 
The Gemara states different that the Kol of Gerushin is only Mevatel the Kol of Nisu'in when the two Kolos go out at the same time. (Ra'avad)

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