1)

REGARDING WHAT IS SHE BELIEVED? (cont.)

(a)

Beis Shamai: We can learn from the Kesuvah. He writes 'If you will get married (i.e. be permitted to marry) to another, you will receive what is written'!

1.

Beis Hillel retracted and agreed to Beis Shamai.

(b)

(Gemara - Rav Chisda): If she did Yibum, the Yavam inherits his brother based on her testimony.

1.

Beis Shamai and Beis Hillel expounded what is written in the Kesuvah. We must expound what the Torah says!

2.

"He will stand up on the name of his brother" - he fulfilled this!

(c)

(Rav Nachman): If she comes to Beis Din and says 'My husband died. Permit me to remarry', we permit her and give her her Kesuvah;

(d)

If she says 'Give me the Kesuvah', we do not permit her even to remarry;

1.

This is because she intended to receive the Kesuvah.

(e)

Question #1: If she says 'My husband died. Permit me to remarry and give me my Kesuvah', what is the law?

1.

Since she mentioned the Kesuvah, she intended for it (so we don't permit her at all)?

2.

Or, do we say that a person tells everything to Beis Din (but her primary intent was to remarry)?

(f)

Question #2: If we say that a person tells everything to Beis Din, what is the law if she says 'My husband died. Give me my Kesuvah and permit me to remarry?

1.

Here, she certainly intended for the Kesuvah (since she mentioned it first)!

2.

Or, perhaps her primary intent was to remarry, just she didn't know for what she would be believed!

(g)

The question is unresolved.

2)

WOMEN WHO ARE SUSPECTED TO LIE [line 21]

(a)

(Mishnah): All are believed to say that Leah's husband died except for: her mother-in-law; her mother-in-law's daughter; her Tzarah; the wife of her husband's brother; and her husband's daughter.

1.

These women are believed to bring her Get, since the signatures prove that it is valid.

(b)

(Gemara) Question: Is her father-in-law's daughter believed?

1.

Question: Why is (Sarah,) the daughter of Leah's mother-in-law, suspected to lie?

i.

If Sarah hates Leah because Sarah's mother does, this does not apply to the daughter of Leah's father-in-law;

ii.

If Sarah hates Leah because she thinks 'Leah is destined to enjoy my mother's money (Leah's husband, Sarah's brother, will inherit Sarah's mother), Leah's father-in-law's daughter similarly thinks 'Leah will enjoy my father's money'!

(c)

Answer (Beraisa): All are believed, except for five women.

1.

If the father-in-law's daughter is not believed, there are six women!

(d)

Rejection: If Sarah thinks 'Leah will enjoy my mother's money', the same applies to the father-in-law's daughter, so they are considered one case.

(e)

Contradiction (Beraisa): All are believed except for seven women.

(f)

Answer: That is like R. Yehudah:

1.

(Beraisa - R. Yehudah): Also, her father's wife (if it is not her mother) and her daughter-in-law are not believed;

2.

Chachamim: Since we taught her husband's daughter and her mother-in-law, we already know these cases (if Chanah might lie about Leah, Leah might lie about Chanah)!

i.

R. Yehudah holds that this is not obvious. Leah hates her daughter-in-law Esther because Esther is destined to enjoy Leah's money, but why should Esther hate her mother-in-law?

ii.

Leah hates her father's wife Miryam, because she thinks 'she is enjoying my mother's money' but why should Miryam hate her husband's daughter?

3.

Question: If so, why does R. Yehudah say that also these two are not believed?

4.

Answer: Esther hates her mother-in-law Leah, because Leah tells to her son (Esther's husband) everything that Sarah does;

i.

Miryam hates her husband's daughter (Leah) because Leah reveals to her father (Miryam's husband) all Miryam's doings.

5.

Chachamim hold that obviously they are not believed, for "As water reflects, so is the heart of one man to man" (hate is reciprocal).

6.

R. Yehudah says, the verse teaches that understanding in Torah is according to one's effort (alternatively - how well his Rebbi explains things).

(g)

Question (Rav Acha bar Avya): If Sarah will become Leah's mother-in-law (i.e. after Leah does Yibum), is Sarah believed?

1.

Does Sarah anticipate that Leah will be widowed and fall to Yibum, and already hates her?

117b----------------------------------------117b

(h)

Answer (Mishnah): If Leah says 'my husband died, and then my father-in-law', she may remarry and she receives her Kesuvah, but her mother-in-law (Sarah) may not remarry.

1.

Suggestion: Sarah is forbidden because we suspect that neither man died. Leah lied to trick Sarah into remarrying so she will become forbidden to her husband and not bother Leah any more. (Even though now Leah is not (suffering like) a daughter-in-law of Sarah, after her husband returns she will again suffer. Ritva - this is like R. Yehudah, who says that a mother-in-law pains her daughter-in-law. We do not find that Chachamim argue and say that anticipating Yibum would not cause a woman to lie.)

(i)

Rejection: This case is different, since Leah already felt pain from her mother-in-law (but she would not hate one who was not yet her mother-in-law).

3)

CONTRADICTORY WITNESSES [line 7]

(a)

(Mishnah): If one witness said that Reuven died, and his wife remarried, and one witness came and said that he did not die, she does not leave (her husband);

(b)

If one witness said that he died, and two say that he did not, even if she remarried, she must leave;

(c)

If two witnesses say that he died and one says that he did not, even if she did not yet marry, she may marry.

(d)

(Gemara) Inference (from the Reisha): She does not leave because she already remarried. Had she not yet remarried, she would be forbidden to remarry.

(e)

Question: Ula taught that wherever the Torah believes one witness (e.g. the first, who says that Reuven died), he is like two witnesses!

(f)

Answer: The Mishnah means that if one witness said that he died, and we permitted her to remarry, and one witness said that he did not die, she does not leave her Heter.

(g)

(Mishnah): If one witness said that he died (and two say that he did not, she must leave).

(h)

Objection: Obviously, one witness is not believed against two!

(i)

Answer: The Mishnah discusses Pasul witnesses, like R. Nechemyah taught:

1.

(Beraisa - R. Nechemyah): Wherever the Torah believed one witness, we follow the majority. Two women contradicting one man are like two men against one man.

(j)

Version #1: (The Mishnah discusses two women who contradicted one man.)

(k)

Version #2: If a valid witness came at first, even 100 women are like only one man (and she would remain permitted);

1.

The Mishnah discusses when the first witness was a woman.

2.

We must explain R. Nechemyah to say that wherever the Torah believed one witness, we follow the majority. Two women against one woman are like two men against one man;

3.

Two women against one man are like one man against one man.

(l)

(Mishnah): If two witnesses say that he died ...

(m)

Question: What does this teach?

1.

It need not teach about invalid witnesses, that we follow the majority like R. Nechemyah. The previous clause taught this!

(n)

Answer: Indeed, it teaches this. One might have thought that we follow the majority only to be stringent, but not to be lenient. The Seifa teaches that this is not so.

4)

A WOMAN IS NOT BELIEVED REGARDING HER TZARAH [line 34]

(a)

(Mishnah): If Leah says that her husband died, and a Tzarah (Sarah) says that he did not, Leah may remarry and she receives her Kesuvah. Sarah may not remarry or receive her Kesuvah;

(b)

R. Meir says, if Leah says that he died and Sarah says that he was killed, since they contradict each other, they may not remarry;

(c)

R. Yehudah and R. Shimon say, since they admit that he is dead, they may remarry.

(d)

If one witness says that he died and one says that he did not die, or one woman says that he died and one woman says that he did not die, she may not remarry.