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KESUVOS 26

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SUMMARY

If a person testifies, in an informal manner, that he is a Kohen or that a relative is a Kohen, he is believed.
 
Receiving Ma'aser Rishon is a Chazakah for Kehunah when we know that the recipient's father is a Kohen, but we suspect that the son is a Chalal.
 
Rebbi Akiva: Ma'aser is given only to a Levi. Rebbi Elazar ben Azaryah: It is also given to a Kohen.
 
Ezra penalized the Leviyim and they no longer receive Ma'aser, according to Rebbi Elazar ben Azaryah. (1)
 
The Tana'im disagree about whether Ma'aser Rishon is forbidden to Yisraelim.
 
If a brother takes Terumah as part of his inheritance that is divided in Beis Din, it is not proof that he is a Kohen. (2)
 
Rebbi Yochanan says that one witness has no authority to call into question a person's lineage.
 
The Tana'im disagree about whether two witnesses who did not see the event at the same time may testify together in Beis Din. (3)
 
The Tana'im disagree about whether the testimony of two witnesses who did not testify together in Beis Din is valid. (3)
 
If a woman was captured by Nochrim for monetary purposes, she is permitted to her husband. (4)
 
If a woman was captured by Nochrim on grounds of Dinei Nefashos, she is forbidden to her husband. (5)
 
When the Nochrim have authority over Yisrael, even if a woman was captured for monetary purposes she is forbidden to her husband.

A BIT MORE

1. Rebbi Elazar ben Azaryah: Originally, both the Leviyim and the Kohanim received Ma'aser. After the penalty of Ezra, it was given exclusively to the Kohanim. Rebbi Akiva: Originally, Ma'aser was given exclusively to the Leviyim. After the penalty of Ezra it was given to both the Leviyim and the Kohanim.
 
2. Even if his father and brothers are Kohanim, it is not proof that he is a Kohen, because perhaps he is the son of a divorcee, and even so he is taking Terumah as part of his inheritance and he will sell it to a Kohen.
 
3. For example, one witness testifies that he saw the loan, and the other witness testifies that the borrower admitted the debt in front of him.
 
4. Even if her husband is a Kohen, she is permitted because we do not suspect that she was raped.
 
5. Even if her husband is a Yisrael, she is forbidden because we suspect that she submitted herself willingly to her captors.

BRIEF INSIGHT

THE PENALTY OF EZRA
 
Ezra penalized the Leviyim and they no longer receive Ma'aser, according to Rebbi Elazar ben Azaryah. The Radvaz asks that if the Leviyim did not receive Ma'aser, what were they given in return for their Avodah in the Beis ha'Mikdash? Since the Leviyim did not have a share in the land, how did they support themselves? The Radvaz answers that the penalty of Ezra applies when a Levi comes together with a Kohen to receive Ma'aser; in such a case the Kohen receives the Ma'aser and not the Levi. However, when a Levi comes by himself, it is permissible for the Yisrael to give him the Ma'aser.

QUICK HALACHAH

MA'ASER RISHON
 
The Leviyim may not take Ma'aser from the Kohanim. Similarly, one Kohen may not take from another Kohen any of the Matnos Kehunah. Ezra decreed that the Leviyim of his time would not receive Ma'aser, and that it would be given to the Kohanim instead. (Rambam, Hilchos Ma'aser 1:3)

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