Kiddushin, Daf Samekh Vav, Part 1

 

Introduction

This week s daf continues the discussion of whether one witness is believed if the person whom the testimony effects is silent.

 

איבעיא להו אשתו זינתה בעד אחד ושותק מהו

אמר אביי נאמן רבא אמר אינו נאמן הוי דבר שבערוה ואין דבר שבערוה פחות משנים

 

The question was asked: What if his wife [is accused] of committing adultery on the testimony of one witness, and he [the husband] is silent?

Abaye said: He is believed.

Rava said: He is no believed, because it is a sexual matter, and no sexual matter can be established by less than two.

 

The consequence of this one witness being believed is that she would be prohibited to him as an adulteress. She could not, however, be punished without two witnesses. As we saw above, punishments cannot be meted out with less than two witnesses. However, there might be consequences to one witness (I can just hear my parents say This is not a punishment, it s a consequence).

According to Abaye the witness is believed and the woman is now prohibited to her husband. Rava holds that since this is a sexual matter, we require two witnesses.

 

אמר אביי מנא אמינא לה דההוא סמיא דהוה מסדר מתנייתא קמיה דמר שמואל

יומא חד נגה ליה ולא הוה קאתי שדר שליחא אבתריה

אדאזיל שליח בחדא אורחא אתא איהו בחדא

כי אתא שליח אמר אשתו זינתה

אתא לקמיה דמר שמואל א"ל אי מהימן לך זיל אפקה ואי לא לא תפיק

מאי לאו אי מהימן עלך דלאו גזלנא הוא

 

Abaye said: From where do I know this? For there was a certain blind man who used to organize his mishnayot in front of Mar Shmuel. One day it was late, but he did not come; so he sent a messenger for him. While the messenger was going by one road, he came by another. When the messenger returned, he stated that his [the blind man’s] wife had committed adultery. When he came before Mar Samuel he said to him, If you believe him, go and divorce her; if not, do not divorce her.

Does not if you believe him means that he is not a robber?

 

Abaye cites Mar Shmuel s ruling from this story to prove that one witness is believed in order to prohibit a wife to her husband. To Abaye if you believe him means that if the blind person believes that the messenger is trustworthy, then he must divorce her.

[Very interesting to read of a blind person organizing his mishnayot. There were blind sages, which might have even been advantageous for them. The Torah that they learned was all oral].

 

ורבא אי מהימן לך כבי תרי זיל אפקה ואי לא לא תפקה

And Rava? If you believe him as if he were two [witnesses], go and divorce her; if not, do not divorce her.

 

Rava says that if you believe him does not just mean that the messenger is trustworthy. It means that he must be as trustworthy as two people. Thus this is not proof that one person is believed in sexual matters.