AN ARUSAH WHO BECAME PREGNANT
An Arus and his Arusah came in front of Rav Yosef. Both said that she is pregnant from him.
(Rav Yosef): There is no reason to be concerned. Firstly, the husband admits. Also, Shmuel taught that the Halachah follows R. Gamliel!
Question (Abaye): Your connote that the second reason suffices by itself. Does R. Gamliel believe her when the husband does not admit?
Shmuel (to Rav Yehudah): Even though the Halachah follows R. Gamliel, do not rule leniently unless most people in the area do not disqualify her.
Here, everyone except for the husband disqualifies her!
Counter-question (Rav Yosef against Abaye): How do you understand? If the Halachah follows R. Gamliel, why did Shmuel require a Kosher majority?
Answer: You must say that the Halachah follows R. Gamliel b'Di'eved. L'Chatchilah, we require a Kosher majority.
Answer: Our case is also like b'Di'eved. (If we are stringent, the child cannot marry (even one of improper lineage. Some explain, if we are stringent the husband will not want to stay married to her.)
A WIDOW WHO MAY HAVE BECOME DEFILED
Question (Abaye): Did R. Yehoshua really say that she is not believed?
(Beraisa): R. Yehoshua and R. Yehudah ben Beseira testified that a widow of an Isah (Tosfos - a family in which someone of doubtful lineage became mixed in) is permitted to a Kohen!
Answer #1 (Rabah): That is because a woman checks before she gets married. Here, a woman does not check before having Znus!
Rava: Why did Abaye ask a contradiction only in R. Yehoshua? There is also a contradiction in R. Gamliel!
Contradiction (Seifa of Beraisa - R. Gamliel): We accept your testimony, but R. Yochanan ben Zakai decreed not to check such families. Kohanim listen only to avoid such women, but they will not marry such women, even if we permit them!
Answer (Rava): R. Gamliel is stringent there, since the woman herself is unsure whether or not she is Kosher. He is lenient in our Mishnah, since she is sure that she is Kosher. (Since we must say that the widow had not checked her first husband, we cannot use Rabah's answer to Question (a).)
Answer #2 (Rava): R. Yehoshua is lenient about a widow of an Isah because there are two doubts (perhaps her husband was not the Safek, and even if he was, perhaps he was Kosher). He is stringent in the Mishnah, since there is only one doubt.
R. Gamliel gives great credence to a Vadai claim. He is lenient even regarding one doubt. He is stringent about a doubtful claim, even when there are two doubts;
R. Yehoshua is strict about one doubt, and forbids even when there is a Vadai claim. He is lenient about two doubts, and permits even when there is a doubtful claim.
(Beraisa #1): What is a widow of an Isah? A family with no doubtful Mamzerim (bastards), Nesinim (Giv'onim, one of the seven Kena'ani nations. Mid'Rabanan they are like Mamzerim and may never marry Yisraelim), or slaves of kings (who married into Yisrael by might);
R. Meir says, if a family has none of these, its women may marry Kohanim;
R. Shimon ben R. Elazar says in the name of R. Meir, a widow of an Isah is when a doubtful Chalal (Pasul Kohen) was mixed into a family. Yisraelim recognize the Mamzerim in their midst, but not the Chalalim.
Question #1: The first Tana says that Mamzerim, Nesinim or slaves may not be mixed in. This implies that Chalalim may be mixed in!
Why is there a distinction? The Isur of Chalalim (for their daughters or widows to marry Kohanim) is also mid'Oraisa!
Question #2: R. Meir agrees with the first Tana!
Question #3: R. Shimon ben R. Elazar permits even if Chalalim were mixed in. Why does he say that Yisraelim do not recognize Chalalim in their midst?
Answer (to all questions - R. Yochanan): They argue about a man who protests if he is called a Mamzer, but is silent if called a Chalal;
The first Tana says that if someone in the family is silent to any of these accusations (including Chalal), a widow of the family may not marry a Kohen.
R. Meir agrees, if he is called a Mamzer, Nasin or slave; but if he is called a Chalal, his silence just shows that he doesn't care, and the widow may marry a Kohen.
R. Shimon ben R. Elazar says that R. Meir is Machshir a man who is silent when he is called a Mamzer. Since Yisraelim recognize Mamzerim, he knows that people will not believe it, since there has been no talk about him.
If he protests when he is called a Mamzer, but is silent if called a Chalal, we assume that he is a Chalal. He is silent because he can still marry into Yisrael.
(Beraisa #2 - R. Yosi): One who is silent when he is called a Mamzer is Kosher. One who is silent if called a Chalal is a Chalal.
(Beraisa #3): One who is silent when he is called a Chalal is Kosher. One who is silent when he is called a Mamzer is a Mamzer.
R. Yosi holds like R. Shimon ben R. Elazar. Beraisa #2 holds like the first version of R. Meir in Beraisa #1.
THE GIRL WHO WAS RAPED
(Mishnah - R. Yosi): A case occurred in which a girl went to the spring and was raped. R. Yochanan ben Nuri ruled that if most men of the city have proper lineage, she may marry a Kohen.
(Gemara - Rava) Question: Like whom does R. Yochanan ben Nuri hold?
If he holds like R. Gamliel, a majority is not needed!
If he holds like R. Yehoshua, even if a majority is Kosher, she is disqualified!