REVACH L'DAF
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SUMMARY
Chizkiyah: If a captured woman has been judged to be put to death, she is forbidden to her husband. (1) If a city has been captured by a besieging army, all of the wives of the Kohanim are forbidden to their husbands. If any of the wives of the Kohanim have at least one witness who testifies that she is Tahor, she is permitted to her husband. (2) If a marauding army enters a city during a time of peace, all open barrels of wine are forbidden. During a time of war, the wine is permitted. (3) If there is one hiding place in the city, all of the wives of the Kohanim are permitted. (4) There are two paths, one Tamei and one Tahor. One person went down one path and another person went down the other. If each one asks about his status separately, they are both Tahor. (5) If one of the wives of the Kohanim claims that she did not hide but she is Tahor, she is believed, because she gains nothing if she is lying, since she could have said that she hid and been believed. A man gives a Get to his wife on condition that if he dies, it should go into effect retroactively. He may not seclude himself with his wife. (6) Rav Papi: If a woman's own maidservant testifies that her master is Tahor, she is believed. Rav Papa: She is not believed. The brothers did not recognize Yosef, because at the time that he was sold he did not have a beard. A person suspected of withholding testimony out of fear is not suspected to testify falsely out of fear. Rav Papa: A captured woman's maidservant is believed to testify that she is Tahor if she says it without intention to testify. If a son claims that his captured mother is Tahor, he is believed if he testifies in an informal fashion. A man may not live in the same neighborhood as his divorced wife once she remarries.
A BIT MORE
1. Rebbi Yochanan: Even if her sentence has not yet been passed, she is forbidden to her husband. 2. Even a maidservant is believed to testify that the wife of the Kohen is permitted. However, the woman herself, her husband, and her children are not believed to testify. 3. During a time of peace, we are concerned that the soldiers were Menasech the open barrels of wine. During a time of war, the soldiers do not have time to be Menasech the wine. 4. If the hiding place holds only one person, the Gemara is left with an unresolved question whether all of the wives are permitted. 5. We do not know which one of the paths is the one that is Tamei. If they both come together to the Chacham to ask about their status, they are both Tamei. Since one of them certainly went down the path that is Tamei, we cannot say that they are both Tahor, because one of them is certainly Tamei. According to Rebbi Yehudah, if one of them came by himself to the Chacham to ask about both himself and his friend, they are both Tahor, since only one of them came to the Chacham. Rebbi Yosi rules that since the person is asking about both himself and his friend, we cannot say that they are both Tahor, since one of them is certainly Tamei. Therefore, we rule that both are Tamei. However, Rebbi Yosi agrees that when they come separately to the Chacham, they are both Tahor. 6. If someone else is present, he may seclude himself with her, even if that person is a servant, with the exception of her own maidservant, because she is very comfortable with her maidservant.
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BRIEF INSIGHT
YERUSHALAYIM AT THE TIME OF THE CHURBAN The Mishnah says that Rebbi Zecharyah ben Katzav swore that he never left his wife's side from the time the Nochrim entered Yerushalayim until they left. The Chachamim told him that he cannot testify about himself. The Korban Nesanel asks that there are certainly hiding places in Yerushalayim where his wife could have hidden while the Nochrim were in Yerushalayim, so why was she not permitted even without his testimony? The Korban Nesanel answers that a hiding place helps only when there is a Safek whether she is Tahor. At the time of the destruction of the Beis ha'Mikdash, the women definitely were Tamei, as the verse in Eichah says, "They raped the women of Zion."
QUICK HALACHAH
A DIVORCED WIFE If a man divorced his wife (from Nisu'in) he may not live in the same courtyard as his ex-wife because of the concern that it will lead to Znus. A Kohen may not live in the same Mavuy as his ex-wife; a small village is the same as a Mavuy. If she is remarried, even if her former husband is not a Kohen she may not live in the same Mavuy as her former husband. (Shulchan Aruch EH 119:7) Even before she remarries, he may not live in the same courtyard as she because the Chachamim decreed that even Yichud with an unmarried woman is prohibited. (Chelkas Mechokek)
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