More Discussions for this daf
1. What's the Psul? 2. Kusi 3. Tosafos DH k'Shem
4. Abba Shaul Machlokes in Kesuvos 13B
DAF DISCUSSIONS - KIDUSHIN 74

Avrahom asks:

The Machlokes Rav Yochanan and Rav Elazar is if Rabban Shimon Bein Gamliel says she is believed- She is believed in terms of her own ability to marry a Kohein but they debate whether that Chazakah extends to the child.

In Kesubos in that Machlokes as far as I'm aware there's no resolution that location would play a role in deciding (actually have difficulty with Rav Elazar in Kesubos ; I simply don't understand how she can have a chezkas kashrus and the Ubar not.

My question in understanding this Gemara is that according to the way Rav Yochanan understands RSBG both the mother and daughter are Kasher-so why credit Aba Shaul?

Avrahom , United States

The Kollel replies:

Hi Avrahom,

The idea of Chazakah is not a boost of trust to the woman. What the woman says is a fact, but she is not trustworthy enough to neutralize the doubt. Chazakah is a tool designed to be used when we don't know what to do because we don't have clear data, and I only have other tools on how to behave when in doubt. Since this woman was kosher before the marriage, in case of doubt after the marriage we will treat her as the party in doubt that allows the approach to continue as if she were still kosher. The daughter, in any case, does not have this Chazakah, and the reason to Kasher the daughter as well according to the Man d'Amar "Machshir Bah ub'Vitah" is because we have to treat the whole story as one story, and it is impossible to separate the mother's story from its results, in this case, the daughter. But not because Chazakah teaches us anything real about the mother's story, and certainly not the daughter's story.

Regarding what you asked about Rebbi Yochanan, remember that he was an Amora, while Aba Shaul is a Tana. There is no clear decision as to what the interpretation of Aba Shaul's words really is, since it is possible that he is renewing what the Gemara goes on to say, that the woman is Ne'emenes even in a place where the majority of the population are Nochrim. So, it's not that they give or don't give credit to Aba Shaul, but, on the contrary, if Rebbi Yochanan's words are correct, then we'll have to explain Aba Shaul's words in one way, and if Rebbi Elazar's words are correct, then we'll have to explain Aba Shaul's words in another way.

Best regards,

Aharon Steiner