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1) A PROTEST ON A JUDGE

(a) Suggestion #1: If the protest is that he stole - when the other judges defend him, we have 2 witnesses saying that he is valid, and 2 arguing (and such a judge may not be used)!
(b) Suggestion #2: If the protest is that he is not Jewish - this is easily verifiable (so why can't they defend him even after they have signed)?
(c) Answer: Really, the protest was that he stole; the other judges testify that he has repented. (If they already had signed, their testimony is biased, since it is shameful to be on a Beis Din with an invalid judge.
(d) (R. Zeira): 3 judges sat to validate a document, and 1 died. They must write '3 of us sat, and 1 is no longer'.
(e) (Rav Nachman Bar Yitzchak): If it says, 'this document came before Beis Din', this suffices.
(f) Question: Perhaps it was an impudent Beis Din (of 2)!

1. (Shmuel): If 2 judge, the verdict stands, just it is called a brazen Beis Din.

(g) Answer: It says, in the Beis Din of Rav Ashi.
(h) Question: Perhaps Rabbis of Rav Ashi's academy hold like Shmuel!
(i) Answer: It says, Rav Ashi told us to validate this document.

(a) (Mishnah): A woman says, I was married and divorced; she is believed, the mouth that prohibits, may permit;
(b) If there are witnesses that she was married, and she says that she was divorced, she is not believed.
(c) A woman says, I was taken captive, but I was not defiled; she is believed, the mouth that prohibits, may permit;
(d) If there are witnesses that she was taken captive, and she says that she was not defiled, she is not believed;
(e) If witnesses come after she got married, she may remain married.
(f) (Gemara - R. Asi): The Torah teaches that the mouth that prohibits, may permit - "I gave my daughter to this man as a wife".

1. Once he said "I gave her", he prohibited her (to all men); by saying "to this man", he permits her to him.

(g) Question: Why must a verse teach this - logic dictates, he prohibited her, he may permit her!
(h) Retraction: Rather, the verse teaches the following.
(i) (Rav Huna): "I gave my daughter to this man" - this teaches that a man can prohibit his daughter.
(j) Question: It could have said, to *a* man - it says, *this* man - what do we learn from this?
(k) Answer: To this man, but not to a brother that did Levirate marriage.
(l) (Beraisa): A woman said, I am married; later, she said, I am single; she is believed.
(m) Question: She declared herself to be forbidden - how can she retract this?
(n) Answer (Rava Bar Rav Huna): She gave an Amasla (a plausible reason why she lied).

1. Support (Beraisa): A woman said, I am married; later, she said, I am single; she is not believed; if she gave an Amasla, she is believed.
2. There was an important, beautiful woman; men were urging her to become engaged. She said, I am engaged. Days later, she became engaged.
3. Chachamim: Why did you do this?
4. The woman: At first, improper men came to me, so I said that I was engaged (to divert them). Now that proper men came, I engaged myself.
5. Rav Acha said this law in front of the sages in Usha; they said, if she gives an Amasla, she is believed.

(o) Question (Shmuel): A woman tells her husband that she is Nidah; later, she says that she is pure - what is the law?
(p) Answer (Rav): Even here, she is believed to give an Amasla.

1. Shmuel repeated this teaching 40 times; still, he himself did not rely on it in practice.

(a) (Beraisa): 2 witnesses say that a woman's husband died, 2 say that he did not die; 2 say that she was divorced, 2 say that she was not divorced; she may not get married; if she got married, she may remain married;
(b) R. Menachem Bar Yosi says, she must leave her husband;

1. This is only if witnesses came before she married; if she married before witnesses came, she may remain married.

(c) Question: We have contradictory testimony - perhaps she is still married to the first man - one who has relations with her must bring a Korban Asham for atonement (how can we let her stay married to the 2nd man)!?
(d) Answer (Rav Sheshes): She married one of the witnesses that say that she is widowed or divorced.
(e) Question: She (who is in doubt), must bring an Asham - how can we let her stay married?
(f) Answer: The case is, she is sure.
(g) (R. Yochanan): 2 witnesses say that a woman's husband died, 2 say that he did not die; she may not get married; if she got married, she may remain married;
(h) 2 say that she was divorced, 2 say that she was not divorced; she may not get married; if she got married, she may not remain married.
(i) Question: Why is the law different in the 2 cases?
(j) Answer #1 (Abaye): Really, there is only 1 witness saying she is widowed or divorced and 1 contradicting him.

1. Chachamim enacted that 1 witness is believed to say that a man died to permit his wife to marry.

i. (Ula): Wherever the Torah believed 1 witness, he is believed as 2.
ii. The witness saying that he didn't die is as 1 witness against 2, and is ignored (so she may remain married).
iii. Question: If so, she should be allowed to get married!
iv. Answer (Rav Asi): "Divert from yourself harsh talk and distance from yourself accusations".

2. In the 2nd case of R. Yochanan, both testify that she was married; one says that she was divorced. 1 is not believed against 2.

(k) Answer #2 (Rava): Really, there are 2 witnesses on each side. R. Yochanan holds as the Chachamim in the case of death, and as R. Menachem Bar Yosi in the case of divorce.

1. He reasons, she is afraid to lie regarding his death - if he returns, all will see that she lied.
2. She is willing to lie about divorce - if he contradicts her, people will not know who is lying.
3. Question: Does a wife have the nerve to lie to her husband regarding this?

i. (Rav Hamnuna): A woman who says to her husband, 'you divorced me' is believed - it is established to us, a wife lacks the audacity to say this if it is false!

4. Answer: That only applies when witnesses do not support her; in R. Yochanan's case, 2 witnesses say she was divorced.

(l) Answer #3 (Rav Asi): The witnesses say that she was widowed or divorced just now.

1. We cannot clarify which witnesses are lying regarding death.
2. Regarding the divorce, if she really was divorced, she should be able to show her document of divorce!

(m) (Beraisa): 2 witnesses say that a woman became engaged, 2 deny it; she may not get married; if she got married, she may remain married;
(n) 2 say that she was divorced, 2 say that she was not divorced; she may not get married; if she got married, she may not remain married.