1)

(a)When an engaged couple who came before Rav Yosef both agreed that the woman was pregnant from her betrothed - Rav Yosef accepted their testimony, on the grounds that they both agreed.

(b)He would have accepted it however, even if the man had denied being the father of the baby - due to Rav Yehudah Amar Shmuel's ruling like Raban Gamliel.

2)

(a)Abaye queried Rav Yosef's ruling in this case - on the grounds that Shmuel himself told Rav Yehudah - that the although the Halachah is like Raban Gamliel, he should rule like him only in a case where the majority of the people who fall into the Safek are permitted to her, but not if they are forbidden.

(b)The problem with Shmuel's statement as it stands is - that one moment he rules like Raban Gamliel (Stam), and the next, he qualifies the ruling.

(c)Rav Yosef solves the problem - by establishing Shmuel's initial ruling b'Di'eved (there where she had already married a Kohen without consulting Beis-Din), and his qualification, l'Chatchilah.

(d)In light of that, Rav Yosef finally justified his ruling - by pointing out that his case too, was a case of b'Di'eved, a. because the woman was already pregnant (and it was a question of declaring the baby Pasul), and b. because they were already betrothed, and it was a matter of remaining together.

3)

(a)Abaye queries Rebbi Yehoshua in our Mishnah from a Mishnah in Eduyos which discusses Almanas Isah.

1. ... 'Isah' means - Safek.

2. ... 'Almanas Isah' - means a 'S'fek S'feika' including a Safek Alamanah.

(b)And it is called 'Almanas Isah' - because, like a dough, which is made-up of various ingredients, it is made up of various S'feikos.

(c)The case is - where firstly, the woman is a Safek Megureshes (because we do not know whether the Get that her husband threw to her was closer to her or to him); then her husband died within three months, and still within the three month period, she went and married a Kohen, and became pregnant immediately.

(d)And the S'fek S'feika is a. a Safek whether the child is the son of the first husband (and Kasher), or the son of the second husband, the Kohen. And even if he is the son of the Kohen, perhaps the Get was not valid and the baby, born to a Kohen who married an Almanah, will be Kasher.

(e)Rebbi Yehoshua and Rebbi Yehudah ben Beseirah testified there - that an Almanas Isah is Kasher li'Kehunah.

4)

(a)Abaye now asks Rabah - why Rebbi Yehoshua does not place the woman in our Mishnah on a Chezkas Besulah, whereas in the Mishnah in Eduyos, he places her on a Chezkas Nusu'ah (who is not divorced).

(b)Rabah reconciled the two rulings of Rebbi Yehoshua - by drawing a distinction between a woman who marries (such as the Mishnah in Eduyos), who is careful whom she marries (i.e. who first made sure that the divorce was not valid) and one who has illicit relations, who is not.

(c)Rava queried Abaye, based on the fact that it is not only Rebbi Yehoshua's two rulings that appear contradictory, but also those of Raban Gamliel, who said in the Mishnah in Eduyos that - although, on principle, he had accepted Rebbi Yehoshua and Rebbi Yehudah ben Beseirah's testimony, there was noting he could do about it, since Raban Yoshanan ben Zakai had already forbidden appointing a Beis-Din on this matter, since the Kohanim would not accept a lenient ruling anyway.

(d)So we retract from Abaye's answer. Rava reconciles ...

1. ... Raban Gamliel, who believes the woman in our Mishnah, but not an Almanas Isah - because he confines his ruling there to a case where the woman is certain (even when there is only one Safek), but not to a case where she is not (such as 'Almanas Isah' - even when there are two).

2. ... Rebbi Yehoshua, who believes her here by Almanas Isah but not in our Mishnah - because he confines his ruling in the former case to a case where there are two Sfeikos (even when she is not certain), but not to a case when there is only one (even when she is).

5)

(a)The Beraisa discussing Almanas Isah, rules - that if Safek Mamzeirus, Nesinus or Avdei Melachim - is included in the S'feikos, Rebbi Yehoshua will not declare the woman Kasher.

(b)'Avdei Melachim' - refers to the slaves in the palace of Shlomo ha'Melech, who used their wealth and power to marry B'nos Yisrael, and to the offspring of Hurdus, slave of the Chashmona'im, who murdered his masters and assumed the throne.

6)

(a)We initially extrapolate from the Tana's exclusive list (of the three above-mentioned Pesulim - Safek Mamzeirus, Nesinus and Avdei Melachim) - that, if a Safek Chalal were to be included in the Sefeikos, Rebbi Yehoshua would declare her Kasher.

(b)The Tana's distinction between Safek Chalal and other cases of Safek P'sul is difficult to understand however - seeing as the P'sul of Chalal is d'Oraisa no less than the other three Pesulim.

(c)And the problem with Rebbi Meir, who says in the Beraisa 'Kol she'Ein Bah Echad mi'Kol Eilu, Masi'in li'Kehunah' is - that he seems to be merely echoing the words of the Tana Kama, instead of arguing with him?!

(d)The Tana also writes 've'Chen Amar Rebbi Shimon ben Elazar Amar Rebbi Meir ki'Devarav', and then goes on to say 'Makirin Yisrael Mamzerim she'Beineihem, v'Ein Makirin Chalalim she'Beineihem' (suggesting that Almanas Isah that incorporates a Safek Mamzer is permitted, whereas if it incorporates a Safek Chalal, she is forbidden) - which is quite the opposite of what the Tana Kama said).

(e)Rebbi Shimon ben Menasya - merely agrees with the latter opinion.

7)

(a)To answer the above Kashyos, Rebbi Yochanan bases the triple Machlokes in the Beraisa on two issues ...

1. ... 'Chalal Shosek' - (i.e. when people refer to him as a Chalal, he remains silent).

2. ... 'Mamzer Tzovei'ach' - (i.e. when they refer to him as a Mamzer, he protests vehemently).

(b)Rebbi Meir and the Tana Kama argue over Chalal Shosek. The Tana Kama - declares the woman Pasul, not only in the cases that he lists, but even in all those that he doesn't, provided they are silent (because silence is a sign of admission).

(c)Rebbi Meir declares him Kasher li'Kehunah in the case of a Safek Chalal, even if he is silent - because seeing as he is only being branded as a Chalal and not as a P'sul Kahal, his silence is due to his not really caring about such a minor stigma.

8)

(a)Rebbi Shimon ben Elazar Amar Rebbi Meir disagrees with the Tana Kama quoting Rebbi Meir in a number of points. With regard to ...

1. ... Chalal v'Shosek - he holds that he is Pasul, because of the principle 'Shesikah k'Hoda'ah' (like the Tana Kama of Rebbi Meir), because he is afraid that, should he raise a protest, people will discover that he really is Pasul (otherwise, people do not recognize the Chalalim among them).

2. ... Mamzer v'Shosek - he holds that he is Kasher, because his silence is due to the fact that people know who the Mamzerim really are, so he does not bother to protest.

(b)He declares a Mamzer v'Tzovei'ach - Pasul li'Kehunah.

(c)On the basis of what we just learned, we reconcile the Beraisa in the name of Rebbi Yosi 'Sh'tok Mamzer Kasher, Sh'tok Chalal Pasul' with the Beraisa 'Sh'tok Chalal Kasher, Sh'tok Mamzer Pasul' - by establishing the former like Rebbi Shimon ben Elazar (according to Rebbi Meir), and the latter, like the Tana Kama (according to Rebbi Meir).

9)

(a)Rebbi Yosi cites an episode where a girl who went down to the well to draw water from the spring was raped - and where Rebbi Yochanan ben Nuri declared her Kasher provided most of the people of the town were fit to marry Kohanim.

(b)Rava's problem with Rebbi Yochanan ben Nuri's ruling was - that Rebbi Yochanan ben Nuri concurs neither with Rebbi Yehoshua (who invalidates her even in a town where the majority of people are Kasher), nor with Raban Gamliel (who validates her even a town where they are Kasher).

(c)Rav Nachman answers by citing Rav Yehudah Amar Rav, who establishes the Mishnah by 'Keronos shel Tzipori' - meaning that there was a second Rov to complement the first one (namely, when the wagons came in from Tzipori, most of the travelers who passed by were Kasher [as we will now explain in detail]) ...

(d)... in which case, the author of our Mishnah is Rebbi Yehoshua, who concedes that with two Rov's, the woman is permitted to marry a Kohen.