Babylonian Talmud: Tractate Kethuboth

Folio 22a

they are two and two.¹  [And] if it is a protest regarding family blemish,²  [then all that is required is] merely a revealing of the matter.³  — Indeed, I will tell you, it is a protest regarding robbery, and these say: We know of him that he has repented.⁴ 

R. Zera said: This thing I have heard from R. Abba, and if not for R. Abba of Acco, I would have forgotten it: If three sit to confirm a document and one of them dies,⁵  they must write, 'We were In a session of three, and one is no more.'⁶  R. Nahman b. Isaac said: And if it is written in it: This document has been produced⁷  before us [as] a court of law, more is not necessary.⁸  But perhaps it was an arrogant court, and [that is] according to Samuel, for Samuel said: If two have judged,⁹  their judgment is a judgment,¹⁰  only they are called an arrogant court?¹¹  — When it is written in it, [e.g.] 'The court of our Master Ashi.'¹²  But perhaps the scholars of the school of R. Ashi hold with Samuel? — When it is written in it, 'And our Master Ashi told us.'¹³

MISHNAH. IF A WOMAN SAYS. 'I WAS MARRIED¹⁴  AND I AM DIVORCED', SHE IS BELIEVED, FOR THE MOUTH THAT FORBADE IS THE MOUTH THAT PERMITS. BUT IF THERE ARE WITNESSES THAT SHE WAS MARRIED, AND SHE SAYS. 'I AM DIVORCED', SHE IS NOT BELIEVED. IF SHE SAYS. 'I WAS TAKEN CAPTIVE BUT I HAVE REMAINED CLEAN.'¹⁵  SHE IS BELIEVED, FOR THE MOUTH THAT FORBADE IS THE MOUTH THAT PERMITS. BUT IF THERE ARE WITNESSES THAT SHE WAS TAKEN CAPTIVE AND SHE SAYS, 'I HAVE REMAINED CLEAN,' SHE IS NOT BELIEVED. BUT IF THE WITNESSES CAME AFTER SHE HAD MARRIED, SHE SHALL NOT GO OUT.¹⁶

GEMARA. R. Assi said: Whence [do we know] from the Torah [the principle of] 'the mouth that forbade is the mouth that permits'? Because it is said: 'My daughter I gave to this man as a wife.'¹⁷  [By saying] 'to man', he made her forbidden,¹⁸  [by saying] 'this', he made her permitted.¹⁹  Why is a Scriptural verse necessary? It stands to reason: he made her forbidden, and he made her permitted! — The Scriptural verse is required according to what R. Huna [said that] Rab said, for R. Huna said [that] Rab said: Whence [do we know] from the Bible that the father is believed to make his daughter forbidden?²⁰  Because it is said: 'My daughter I gave to [this] man as his wife.'²¹  Why [is it said] 'this'?²²  — It is required for what R. Jonah taught, for R. Jonah taught: 'My daughter I gave to this man': '[To] this [man]', and not to the brother-in-law.²³  Our Rabbis taught: If a woman says, I am married', and then she says.²⁴  'I am unmarried', she is believed. But she made herself forbidden!²⁵  — Said Raba the son of R. Huna: When she has given a plausible reason for her words.²⁶  We have also a Baraitha to the same effect. If she says, 'I am married', and then she says, 'I am unmarried', she is not believed, but if she gives a plausible reason for her words, she is believed. And so it once happened with a great woman, who was great in beauty, and men were eager²⁷  to betroth her, and she said to them, 'I am betrothed'. After a time she became betrothed.²⁸  The Sages said to her: Why have you chosen²⁹  to do this?³⁰  She answered them,³¹  'At first, when unworthy men came to me, I said, "I am betrothed"; now that worthy men come to me, I became betrothed'. And this law R. Aha, the prince of the castle, brought before the Sages³²  in Usha, and they said: If she gives a plausible reason for her words she is believed.

Samuel asked Rab: If [a woman] says,³³  'I am unclean',³⁴  and then she says. 'I am clean',³⁵  what is [the law]?³⁶  He³⁷  answered him:³⁸  Also in this case if she gives

1. Two give evidence against him (v. n. 4), and these other two for him, and he is still inadmissible, even if the other two give evidence regarding his fitness before they signed.
2. He is said to be descended from slaves and thus unfit to act as judge.
3. A search in his genealogy can reveal whether there is any ground for the objection of the two witnesses or not, independent of the evidence of the other two. Why then should the other member of the court, after having signed, be debarred from testifying in his favour?
4. Lit., 'that he has done repentance'. Repentance implies giving back the thing robbed to its owner. [Since they do not contradict the evidence of the first set of witnesses, their testimony as to his fitness is accepted, provided it is given before they signed.]
5. Before they signed it.
6. So that it should be known that the document was confirmed in the presence of three judges.
7. Lit., 'has gone out'. This term also implies that the document has been found valid.
8. It is then evident that they were three, as a court of law cannot consist of less than three judges.
9. Sat as a court and pronounced judgment.
10. Their decision is valid.
11. I.e., such practices should be discouraged.
12. Under R. Ashi a court would certainly consist of three. R. Ashi's court is mentioned as a mere illustration, R. Ashi being a contemporary of R. Nahman b. Isaac, and head of the most renowned Academy and court at Mehasia.
13. To act as a court. And then the court would certainly consist of three.
14. Lit., 'the wife of a man'.
15. No one has had intercourse with me, and I am still fit to marry into the priesthood.
16. Lit., 'behold, this (one) shall not go out'. I.e., out of the house of her husband. Her second marriage is valid and she is not to be sent away.
17. Deut. XXII, 16.
18. As he does not say to which man, he made her forbidden to all men.
19. To this man.
20. To all men except the one man to whom he says he gave her in marriage.
21. Deut. XXII, 16. He can give her as wife to this man and thus make her forbidden to all other men.
22. It is obvious that he means that man, who is putting up a claim against his newly. wedded wife.
23. The law of Deut. XXII, 13ff does not apply to the husband's brother who marries the widow of his brother (cf. Deut. XXV, 5ff) and brings against her a charge of defamation. He is not subject to the fine. V. infra 46a.
24. Lit., 'and she turned (retracted) and she said'.
25. Lit., 'a piece of prohibition'. By Saying 'I am married', she declared herself to be forbidden to other men, how then can she raise this prohibition by a mere retraction?
26. Why she said, 'I am married'.
27. Lit., 'and men jumped at her'.
28. Lit., 'she stood up and betrothed herself (to a man)'.
29. Lit., 'why bast thou seen'.
30. To say that you were betrothed.
31. Lit., 'she said to them'.
32. For consideration.
33. To her husband.
34. I.e., 'I am in the period of menstruation'.
35. Lit., 'I bad no menstruation'.
36. Lit., 'How is it'. May her husband believe bet second statement and have intercourse with her?
37. Rab.

    Samuel.

a plausible reason for her words she is believed. He learned it from him forty times, and still Samuel did not act accordingly with regard to himself.

Our Rabbis taught: When two [witnesses] say [that the husband of the woman] has died, and two [witnesses] say [that] he has not died, or two [witnesses] say [that] she has been divorced, and two [witnesses] say [that] she has not been divorced, she shall not marry [again], but if she has married [again], she shall not go out. R. Menahem b. Jose says: She shall go out. R. Menahem b. Jose said: When do I say [that] she shall go out? — When witnesses¹  came and then she married, but if she married and then came witnesses,¹  she shall not go out. Now, they are two and two,²  [and] he who has intercourse with her³  is liable to a doubtful guilt-offering!⁴  Said R. Shesheth: When she married one of her witnesses.⁵  Then she herself should bring a doubtful guilt. offering! — When she says. 'I am sure'.⁶

R. Johanan said: When two [witnesses] say [that the husband of the woman] has died, and two [witnesses] say [that] he has not died, she shall not marry [again], but if she has married [again], she shall not go out. When two [witnesses] say [that] she has been divorced, and two [witnesses] say [that] she has not been divorced, she shall not marry [again]. and if she has married, she shall go out. What is the difference between the first case and the second case? — Abaye said: Explain it⁷  [that it speaks] of one witness.⁸  When one witness says [that] he has died, the Rabbis believe him as two [witnesses].⁹  And [this is] according to 'Ulla, for 'Ulla said: Wherever the Torah makes one witness credible. [it is as if] there are two, whereas he who said that he has not died is one, and the words of one have no validity against two.¹⁰  If so, [she should be allowed to marry again] from the beginning? — Because of that [saying] of R. Assi, for R. Assi said: 'Put away from thee a froward mouth, and perverse lips put far from thee'.¹¹  In the second case [however] one witness says [that] she has been divorced, and one witness says [that] she has not been divorced, they [therefore] both testify to a married woman, and he who says [that] she has been divorced is one, and the words of one have no validity against two. Raba said: Indeed, they are two and two, and R. Johanan regards [as right] the words of R. Menahem b. Jose¹²  in [the case of] divorce, but not in [the case of] death. Why? — In the case of death, she cannot contradict him,¹³  [but] in the case of divorce, she can contradict him.¹⁴  But would she be as impudent as all that?¹⁵  Did not R. Hamnuna say: If a woman says to her husband, 'thou hast divorced me,' she is believed, [for] the presumption is [that] a woman is not insolent before her husband?¹⁶  — This is the case only when there are no witnesses who support her; but when there are witnesses who support her, she is indeed insolent. R. Assi says: When the witnesses say, 'he has died just now, he has divorced her just now.' Death one cannot prove,¹⁷  divorce one can prove, for we say to her, 'if it is so, shew us thy document of divorce'.¹⁸

Our Rabbis taught: If two [witnesses] say that she has been betrothed, and two [witnesses] say [that] she has not been betrothed, she shall not marry, and if she has married, she shall not go out. If two [witnesses] say [that] she has been divorced, and two [witnesses] say [that] she has not been divorced, she shall not marry, and if she has married, she shall go out.

1. The second set of witnesses.
2. There are two witnesses against two witnesses, and the matter, that is the death of the first husband, remains in doubt. This cannot refer to the case of divorce, v. infra.
3. The man who marries bet now'.
4. A guilt-offering to be brought when one is in doubt whether the act committed was sinful or not.
5. And be is sure that the first husband died.
6. [She has a feeling of certitude that her first husband is dead, as otherwise be would have come back to bet (Rashi).]
7. The statement of R. Johanan.
8. Not two sets of witnesses testified, but one single witness in each case.
9. [The Rabbis have laid down the principle that the evidence of one witness testifying to the husband's death is sufficient; v. Yeb. 88a.]
10. Lit., 'and the words of one are not in the place of two'. [The evidence of the former witness, who said that he was dead, is treated as that of two witnesses, whereas that of the latter only, as that of one.]
11. Prov. IV. 24 — One should try to avoid evil talk, although there is no objection to the marriage from the point of view of strict law'. [R. Assi was wont to quote this verse from Prov.]
12. That she should go out.
13. If her first husband comes back she cannot say to him, 'thou art dead!' Therefore, she would not say that he is dead unless she was sure that it is so, and we believe her.
14. If the first husband comes and says that he has not divorced her, she will contradict him and say that he has divorced her. If we should believe her she would rely on the denial she could give him and would marry again, although she was still the wife of the first husband.
15. To contradict her husband in the case of divorce, even if it was not true.
16. And so we ought to believe her also in the case of divorce!
17. Therefore she need not go out if she has married again, provided it was to one of the witnesses.
18. She cannot have lost it in such a short time. And if she cannot show her document of divorce she must not marry again, and if she has married, she must go out.