1)

WHEN MAY THE SUSPECTED ADULTERESS STAY MARRIED? [line 5 from end of previous Amud]

(a)

(Beraisa - Rebbi): If a peddler leaves the house and the woman of the house is putting on a Sinar (undershorts worn for Tzeni'us), this is horrible (surely, she removed them to have Bi'ah), so she must be divorced;

(b)

The same applies if (a peddler leaves and) spit is found on the (under side of the) canopy over the bed (surely, she spat while lying down during Bi'ah), or shoes are found upside-down under the bed.

(c)

Objection: We should check whose shoes they are (before requiring divorce)!

(d)

Answer: Rather, footprints made by upside-down shoes are found under the bed.

(e)

The Halachah follows Rav and the Halachah follows Rebbi.

(f)

Objection: This is a contradiction!

(g)

Answer: (Regarding a horrible matter,) when there are unceasing rumors, he must divorce her even if there are no witnesses, like Rebbi. When the rumors cease, he must divorce her only if there are witnesses like Rav.

(h)

Question: What are considered rumors that do not cease?

(i)

Answer (Abaye): It is if they last a day and a half.

1.

If they ceased before, that is cessation;

2.

If they ceased because people fear the suspected party, this is not cessation.

3.

This is only if the suspected one has no enemies in the city. If he has enemies, we attribute the rumors to his enemies (and she may stay married).

(j)

(Mishnah): If one divorced his wife due to bad reports about her, or because of a vow she took, he may not remarry her.

(k)

Question (Rabah bar Huna): If he married her, must he divorce her?

(l)

Answer (Rabah bar Rav Nachman - Mishnah): If one was suspected of Bi'ah with a married woman, and they made her husband divorce her, even if the suspected man married her, he must divorce her.

(m)

Objection (Rabah bar Huna): That is no proof. There, Beis Din forced the original husband to divorce her. I ask about when he chose to divorce her!

(n)

Answer: Rabah bar Rav Nachman's text of our Mishnah said 'He (willingly) divorced her'.

(o)

Objection: Still, the cases are different! The Mishnah teaches that the adulterer must divorce her. Rabah bar Rav Huna asked whether or not the original husband may keep her!

(p)

Answer: The comparison is valid. The Mishnah forbids the adulterer to marry her, if he did, he must divorce her. The same applies to her first husband!

(q)

Rejection: When the adulterer marries her, he supports the rumors. If her husband keeps her, people will think that he investigated and found that the rumors were unfounded.

2)

ONE WHO PERMITTED A WOMAN MAY NOT MARRY HER [line 28]

(a)

(Mishnah): If one brought a Get (document of divorce) from overseas and said 'It was written and signed in front of me', he may not marry the woman. (There was an enactment that this declaration validates the Get.)

(b)

If a man says 'Leah's husband died', 'I killed him' or 'we killed him', he may not marry her;

(c)

R. Yehudah says, if he says 'I killed him', she may not remarry. If he says 'We killed him', she may marry.

(d)

(Gemara) Inference: Because he brought the Get from overseas and we rely on his declaration, he may not marry her. Had he brought it from within Eretz Yisrael, where we need not rely on him, he could marry her.

(e)

Question: When he says that her husband died he may not marry her, even though we do not rely on him. We rely on her!

1.

We learned that a woman checks carefully (that he really died) before remarrying.

(f)

Answer: There, there is nothing written (supporting his words). Here, there is a written Get.

1.

(Mishnah): The difference between divorce and death is that the Get proves that he is telling the truth.

(g)

(Mishnah): If he says 'He died', 'I killed him' or 'we killed him', he may not marry her.

(h)

Inference: He may not marry her, but others may.

(i)

Question: Rav Yosef taught that if Shimon says 'Ploni forcibly raped me', Shimon may join a second witness to condemn Ploni to death;

1.

If he says 'I willingly had homosexual relations with Ploni', Shimon is a Rasha - "Al Tashes Yadcha Im Rasha Lihyos Ed Chamas" (he is Pasul for testimony).

2.

Suggestion: Perhaps Edus Ishah (testimony to permit a widow to remarry) is different, for Chachamim were lenient.

25b----------------------------------------25b

3.

Objection: Rav Menasheh taught that a thief mid'Rabanan is Kosher for Edus Ishah, but a thief mid'Oraisa is not. Must we say that Rav Menasheh holds like R. Yehudah (unlike Chachamim)?!

(j)

Answer: Rav Menasheh can hold like Chachamim; she may marry because of Rava's law.

1.

(Rava): A person cannot establish himself to be a Rasha (and disqualify himself from testifying) because he is related to himself (relatives cannot testify).

(k)

Suggestion: Rav Yosef holds like R. Yehudah.

(l)

Rejection: Rav Yosef can hold like Chachamim;

1.

He says that we are more lenient regarding Edus Ishah than about normal testimony. Rav Menasheh holds like R. Yehudah!

(m)

(Mishnah): 'I killed him'...

(n)

Question: What is different if he says 'I killed him' or 'We killed him'?

(o)

Answer (Rav Yehudah): The case is, he said 'I was with those who killed him'.

1.

(Beraisa - Chachamim): A case occurred in which a bandit was walking to his execution. He said 'tell Shimon's wife that I killed her husband', and they permitted her to marry.

2.

R. Yehudah: That is no proof - he said 'I was with those that killed him'.

3.

Question: It says that he was a bandit!

4.

Answer: He was arrested among bandits.

5.

Objection: It says that he was going to be executed!

6.

Answer: Courts of Nochrim execute people without being so careful.

3)

WHEN ONE MAY MARRY THE WOMAN HE PERMITTED [line 21]

(a)

(Mishnah): If a Chacham forbade a woman to her husband due to a vow (he was unable to permit it), he may not marry her. If she did Mi'un or Chalitzah in front of him he may marry her, since he was part of a Beis Din.

(b)

(Gemara) Inference: Had he permitted the vow, he could marry her!

(c)

Question: What is the case?

1.

Suggestion #1: The Chacham was alone.

2.

Rejection: R. Chiya bar Avin taught that three judges are needed to permit vows!

3.

Suggestion #2: He was among three.

4.

Objection: If so, he is not suspected!

i.

(Mishnah): if she did Mi'un or Chalitzah in front of him, he can marry her, since he was part of a Beis Din.

(d)

Answer: The case is, he was alone.

1.

(Rav Chisda): An expert judge can permit vows alone.

(e)

(Mishnah): If she did Mi'un or Chalitzah...

(f)

Inference: He can marry her because he was part of a Beis Din, but if there were only two, he could not!

(g)

Question: Why is this different than the following?

1.

(Mishnah): If witnesses signed on the sale of a field, or a Get, Chachamim were not concerned (lest they testified falsely).

(h)

Answer: The Mishnah teaches that a Beis Din of three is required for Mi'un and Chalitzah, unlike the opinion that says that two suffice.

(i)

Question: If she married (the Chacham who forbade her due to a vow; Rashi - or the Shali'ach who brought her Get), must he divorce her?

(j)

Answer #1 (Rav Kahana): Yes.

(k)

Answer #2 (Rav Ashi and Rav Zuti): He need not divorce her.

(l)

Rabanan (to Rav Zuti): Did you hear that this is the Halachah, or is this your reasoning?

(m)

Rav Zuti: We learn this from the Mishnah!

1.

(Mishnah): If one was suspected of Bi'ah with a slave or Nochris and she was freed or converted, he may not marry her. If he married her, he need not divorce her.

2.

We do not make him divorce her due to concern lest people talk. The same applies here.