General question on 26b
The mishna says that we are choshed this woman of doing znus berotzon so she's also forbidden to husband. Rashi explains that since she's in a mokom hefker so she might do znus.
Why is this different from the next mishna in 27a where a charkom comes into town, and we only forbid the women to kohanim, why doesn't the mishna say a bigger chiddush that forbidden to husbands as well? Rashi there 27a d"h velo kashe also explains that this siege is also a matzav of hefker just like our mishna on 26b
Also why I the gemoro in 22a and 23a do we say that nishbis is only ossur for kehuna not for baaloh. In fact rashi even explains in 23a that the issur kehuna for shevuya is only a chashash bealma acc to one man deomar, but here by nechbesha we say its so chomur that it's ossur for husband as well!! What is the case of nishbis different that we are so mekel?
Avrumi Hersh
London england
First, we need to distinguish between a woman who was caught by Nochrim who want to kill her, and those who are just demanding ransom.
a) When a woman is taken captive and the Nochrim want to kill her, she is Chashud to be Niv'eles b'Ratzon to save her life.
b) When the demand is only money, we assume the woman was not Mafkir herself at will, and if anything happened, she was forced to do it.
c) Charkom is a case of an army that storms through a town during war. These Nochrim are not asking for money or seeking to kill any woman, but they are Perutzim who rape any woman who comes their way (H"Y).
There is another subtopic which originates from the above. Since, after all, we are not certain, and it is still a strong Chashash, but still a Chashash after all, we have a lower standard as far as the Ne'emanus we need to eliminate this Chashash. These Kulos have a few details:
a) We believe a slave or one Ed.
b) One woman can testify on another.
c) If she was Ne'eman by a Peh she'Asar, even if Edim come now and say she was Nishbes, and now she lost her Peh she'Asar, if she already got married we do not say she needs to leave her husband.
These Kulos are in the Ne'emanus if she was Nishba in the first place, but once she was, we assume she was Niv'al, and she is Asurah to a Kohen.
Kol Tuv,
Aharon Steiner