Babylonian Talmud: Tractate Kethuboth

Folio 26a

When he was talking in his simplicity.¹  As that [story which] Rab Judah related in the name of Samuel: It happened that a man was talking in his simplicity and said: 'I remember when I was a child and rode on my father's shoulder, they brought me out from school and stripped me of my shirt and immersed me²  so that I could eat terumah in the evening.'³  And R. Hiyya added:⁴  'And my friends held aloof from me and called me "Johanan the halloth-eater".'⁵  And Rabbi raised him to the priesthood on his testimony.

It has been taught: R. Simeon b. Eleazar, says: Just as terumah is a presumption for the priesthood, so is the first tithe a presumption for the priesthood,⁶  but he who takes a share [at the threshing floors] through the court — [this] is not a presumption.⁷  The first tithe belongs to the Levite?⁸ — [This is] according to R. Eleazar, the son of Azariah, for it has been taught: Terumah belongs to the priest, the first tithe to the Levite-this is the view of R. Akiba, R. Eleazar, the son of Azariah, says: The first tithe belongs also to the priest. [But] R. Eleazar, the son of Azariah, says: 'also to the priest'; does he say: to the priest and not to the Levite? — Yes. after Ezra had punished them.⁹  But perhaps it happened that they gave it to him?¹⁰  — Said R. Hisda: Here we treat of a case where we know that the father of that [per. son] is a priest and a rumour¹¹  came Out concerning him that he is the son of a divorced woman¹²  or a haluzah¹³  and [yet] they gave him tithe at the threshing floor. [He could not be regarded as] a Levite, because he was not a Levite.¹⁴  What then could you say? That he was the son of a divorced woman or the son of a haluzah? [But as to this] there is no question that according to him who says [that] the first tithe is forbidden to strangers.¹⁵  they would not have given [it] to him. For even according to him who says: The first tithe is permitted to strangers.¹⁶  it is only to sustain them¹⁷  but as a distribution [due to him as of right] they do not give it to him.¹⁸

'But he who takes a share [at the threshing floors] through the court [this] is not a presumption.' If it is not a presumption through the court, when is it a presumption? — Said R. Shesheth: he means thus: If one shares the terumah in the property of his father¹⁹  through the court, it is not a presumption. — This is obvious!²⁰  — You might have said [that] just as those²¹  [get their share of terumah] for eating. this one also [gets his share of terumah] for eating, so he lets us hear [that] those [get the terumah] for eating and this one for selling.²²

R. Judah says: ONE DOES NOT RAISE [A PERSON] TO THE PRIESTHOOD ON THE TESTIMONY OF ONE WITNESS, etc. R. Simeon b. Gamaliel says the same as R. Eliezer?²³  And if you will say [that] they differ with regard to an objection raised by one person. [in] that R. Eliezer holds that an objection [may be admitted if cooling from;] one [person] and R. Simeon b. Gamaliel holds that an objection [must come from at least] two [persons] did not R. Johanan say' All agree that an objection [must come from] at least two persons? — But we treat here of a case where the father of this [person] is a priest and a rumour²⁴  came out concerning him that he is the son of a divorced woman or the son of a haluzah and they put him down,²⁵  and one witness came and said, 'I know that he is a priest.'²⁶

1. The brother, on whose statement the promotion was made, did not intend to give evidence.
2. Terumah had to be eaten in ritual purity.
3. [Because children ate apt to rummage about in places that are not clean, and thus contract defilement.]
4. Completing the man's narrative.
5. Plur. of Hallah, v. Glos.
6. If a man is seen eating first tithe, it is presumed that he is a priest.
7. This is explained infra.
8. V. Num. xviii, 24.
9. The Levites, not to be given any tithes, v. Yeb. 86b.
10. To the Levite; how' then car first tithe constitute a presumption for priesthood?
11. Lit., 'voice'.
12. He is the offspring of a union of a priest with a divorced woman, therefore a halal, ('profaned'). v. Lev. XXI, 7.
13. V. Glos.
14. His father is a priest.
15. Persons who ate neither priests not Levites.
16. Cf Yeb. 74a, 85b. and 86a.
17. If they ate poor.
18. And Since they gave him tithe at the threshing floors it shew's that he is an unblemished priest.
19. After the father's death.
20. Even a halal inherits his father.
21. The brothers.
22. He inherits the terumah and may sell it to rightful priests but he may not eat it, although the division took place under the direction of the court
23. In out Mishnah.
24. Lit., 'voice'.
25. From the status of priesthood.
26. A rightful, unblemished priest.

and they raised him [again] and [then] came two [other witnesses] and said [that] he is the son of a divorced woman or the son of a haluzah. and they put him, down [again]. and [then] came one witness and said, 'I know that he is a priest'. [Now] all agree¹  that they²  are joined into one testimony, and they differ as to whether we are afraid of bringing contempt on the court.³  The first Tanna⁴  holds: Since we put hill, down we do not raise him, [again]. because we are afraid of bringing contempt on the court.⁵  Whereas R. Simeon b. Gamaliel, holds: we have put him down and we can raise him, [again].⁶  and we are not afraid of bringing contempt on the court. R. Ashi asked against this: If so, even [when there are] two and two⁷  also?⁸  But, said R. Ashi, they differ as to whether they⁹  are joined into one testimony. And they have the same difference of opinion as these Tannaim,¹⁰  for it has been taught: Their testimonies are not joined together unless they have both seen¹¹  at the same time;¹²  R. Joshua b. Korha. says: Even when [they have seell] one after another. Their testimonies are not established¹³  in court until they both give evidence at the same time; R. Nathan says: We hear the evidence of one to-day. and when the other one comes to-morrow we hear his evidence.¹⁴

MISHNAH. IF A WOMAN WAS IMPRISONED BY HEATHENS, IF FOR THE SAKE OF MONEY, SHE IS PERMITTED TO HER HUSBAND, AND IF FOR THE PURPOSE OF [TAKING HER] LIFE,¹⁵  SHE IS FORBIDDEN TO HER HUSBAND.

GEMARA. R. Samuel b. Isaac said [that] Rab said: They have taught [this] only when the hand of Israel is strong over the heathens.¹⁶  but when the hand of the heathens is strong over themselves,¹⁷  even if for the sake of money, she is forbidden to her husband. Raba raised an objection: R. Jose the priest and R. Zechariah b. ha-Kazzab¹⁸  testified regarding an Israelitish woman, who was pledged¹⁹  in Ashkelon and her family²⁰  put her away.²¹  and her witnesses²²  testified [concerning her] that she did not hide herself [with a man] and that she was not defiled [by a man]. [that] the Sages said to them: If you believe [the witnesses] that she was pledged believe [them also] that she did not hide herself and that she was not defiled, and if you do not believe [them] that she did not hide herself and that she was not defiled, do not believe [them] that she was pledged.²³  Now Ashkelon [was a town in which] the hand of the heathens was strong over themselves and he teaches

1. R. Eliezer and R. Simeon b. Gamaliel.
2. The testimony of the first witness and that of the last witness so that there ate two witnesses against two witnesses.
3. If he is re-instated now, having been put down by the court twice.
4. R. Eliezer.
5. [Should he be reinstated after having been degraded twice, the court would be brought into contempt; and thus R. Eliezer says that where there have been objectors, there is renewed promotion by the evidence of one witness, namely the last.]
6. [To the priesthood In continuance of the presumptive state which he had originally enjoyed.]
7. If two witnesses who speak in his favour come at the same time.
8. He should be not raised again in the view of R. Eliezer for feat of bringing contempt on the court.
9. The testimony of the first witness and that of the last witness, so that there ate two witnesses against two witnesses.
10. The Rabbis and R. Nathan of the Baraitha that follows.
11. What they testify to.
12. At the same time and in the presence of one another.
13. Accepted as evidence.
14. Their testimonies are joined together and the two single witnesses are regarded as a pair of witnesses. R Eliezer agrees with the Rabbis, R. Simeon b. Gamaliel with R. Nathan.
15. And she was saved afterwards.
16. [In which case they were afraid to force the woman, lest they should forfeit their money claim.]
17. I.e., when the heathens are independent. [or a euphemism 'themselves', standing for Israelites.]
18. 'Son of the Butcher'.
19. For a debt.
20. Who were priests.
21. Disqualified her from marrying a priest for fear she might have been violated.
22. Who testified to her having been pledged.
23. V. 'Ed. VIII, 2.