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KESUVOS 14

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SUMMARY

If an Arusah is pregnant and both the Arus and Arusah say the child is his, they are believed.
 
Shmuel says that if a woman claims that she is pregnant from a Kosher Jew in a place where the majority is Pasul, we believe her only b'Di'eved.
 
Rebbi Yehoshua and Rebbi Yehudah ben Beseirah testified that an Almanas Isah is fit for Kehunah. (1)
 
Raban Gamliel says that an Almanas Isah is Pasul because the Kohanim only listen if we tell them that she is Pasul, but not that she is Kosher. {2)
 
The Tana Kama says that whenever we call someone a Pasul and he does not respond, his silence is proof that he is Pasul.
 
The Tana Kama, according to Rebbi Meir, maintains that if we call someone a Chalal and he does not respond, his silence is not proof that he is a Chalal. (3)
 
Rebbi Shimon ben Eliezer, according to Rebbi Meir, maintains that if we call someone a Mamzer and he does not respond, his silence is not proof that he is a Mamzer. (4)
 
If a girl is raped in a place where most of the townspeople are Kosher, the girl is fit to Kehunah, according to Rebbi Yochanan ben Nuri.

A BIT MORE

1. An Almanas Isah is a woman who was married to a Safek Chalal. She is fit for Kehunah because, when a woman gets married, she investigates in order to ensure that the person she is marrying is Kosher. Therefore, we may assume that she investigated and found out that her husband is a valid Kohen and not a Chalal. Alternatively, Rebbi Yehoshua maintains that she is Kosher because it is a Sfek Sfeika.
 
2. Even though Raban Gamliel normally would believe the woman, he only believes her if her claim is Bari (certain), but in this case she her claim is Shema (uncertain).
 
3.The reason why he did not respond is that it does not bother him so much to be called a Chalal, because it does not make him Pasul to marry into Klal Yisrael.
 
4. The reason why he did not respond is that it does not bother him to be called a Mamzer, because a real Mamzer has a Kol (reputation) and everyone knows that in truth he is not a Mamzer. However, if we call someone a Chalal and he does not respond, it is proof that he really is a Chalal. The reason why he is silent is that he reasons that it is better to keep silent since, anyway, he is fit to marry into Klal Yisrael.

BRIEF INSIGHT

DENIAL OF THE BO'EL
 
The Gemara says that if an Arusah is pregnant and both the Arus and Arusah say the child is his, they are believed. Even if the Arus does not admit that the child is his, the Halacha follows Raban Gamliel that the woman is believed. Tosfos Rid says that the Gemara implies that even if the Arus denies that he is the father, the Arusah is believed that the father is the Arus and the child is Kosher. However, she is forbidden to the Arus because of "Shavya a'Nafshei Chatichah d'Isura." Similarly, in a case that a single woman is pregnant and she says that the father is a Kohen, according to Raban Gamliel she is believed even if the Kohen she claims is the father denies ever having had relations with her.

QUICK HALACHAH

ALMANAS ISAH
 
Any Kosher woman who marries into a family into which a Safek Chalal became mixed, and was subsequently widowed, is Pesulah l'Chatchilah to a Kohen. However, b'Di'eved if she marries a Kohen she may stay with him because of a Sfek Sfeika: perhaps she is not the widow of the Safek Chalal, and even if she is, perhaps in reality he is not a Chalal.

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