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1) ONE WITNESS IS BELIEVED

1. Question: Why do Chachamim say he must bring a sacrifice in the beginning of the Mishnah (when there is 1 witness)?

i. Suggestion: If because the witness is believed - but 2 witnesses are generally believed, yet Chachamim exempt him when he contradicts them!

2. Answer: Rather, it is because his silence is as an admission.

(b) Answer #2 (To 4:c, 87B): Reasoning says that 1 witness is believed, just as by a piece of meat, on which we are in doubt if it is Chelev or permitted fat, and 1 witness comes and says that it is permitted - he is believed.
(c) Objection: Our case is different! There, it was never established to be forbidden - here, she was established as a married woman!

1. Also, 2 witnesses are required for a matter regarding Arayos!

(d) Rather, our case resembles a piece of meat known to be Chelev, and 1 witness says, I am sure it is permitted fat - he is believed.
(e) Objection: That is not as our case! There, even if 100 witnesses say it is permitted fat, they are not believed!

1. In our case, if 2 witnesses say he died, they are believed - likewise, 1 witness should be believed, as by Tevel, Hekdesh, and Konamos.
2. Question: What is the case of Tevel?

i. Suggestion: If the Tevel belongs to the witness - he is believed, because he is able to fix it (make it permitted by separating Terumah and Ma'aseros)!

3. Answer: Rather, the Tevel belongs to someone else.

i. If he holds, one may take Terumah on another's produce without his knowledge - the witness is believed, because he can fix it!
ii. If he holds, one may only take Terumah on another's produce with his consent - from where do we know that the witness is believed?!

4. Objection: Also from Hekdesh, we cannot learn that 1 witness is believed!

i. If the Hekdesh has only monetary sanctity - he is believed, because he can redeem it!
ii. If the Hekdesh has intrinsic sanctity (it is a sacrifice) - if it is his own, he is believed, because he can annul his sanctification!
iii. Rather, it is not his own, and he says, he knows that the owner annulled his sanctification - from where do we know that the witness is believed?!

5. Objection: Also from Konamos, we cannot learn that 1 witness is believed!

i. If he holds that Me'ilah applies to Konamos, and they have monetary sanctity - he is believed, because he can redeem it!
ii. If he holds that Me'ilah does not apply to Konamos, and a mere prohibition rests on them - if it is his own, he is believed, because he can annul having made the Konam!
iii. Rather, it is not his own, and he says, he knows that the owner annulled the Konam- from where do we know that the witness is believed?!

(f) Answer #3 (R. Zeira): Because of the stringency we put upon her in the end (if her husband returns), we are lenient on her in the beginning.
(g) Objection: We should be neither stringent at the end, nor lenient at the beginning!
(h) Answer: We were lenient to enable her to get married.

(a) (Mishnah): She cannot remain with either husband ...
(b) (Rav): This only applies if she was married based on the testimony of 1 witness; but if 2 witnesses testified, she does not leave (the 2nd husband).

1. In Eretz Yisrael, they laughed at this - if the husband returned, how can she remain married to another man?!

(c) Answer: The case is, we do not know that the man that returned is her husband.
(d) Question: If so, if she was married based on 1 witness, why can't she stay married?!
(e) Answer: The case is, 2 witnesses say, this is her original husband, we were with him from when he left until now - (all of) you do not recognize him!

1. (Rav Chisda): "Yosef recognized his brothers, and they did not recognize him" - this teaches, he left before his beard was complete, and later, it completed.

(f) Question: Still, we have 2 witnesses saying that he died, and 2 contradicting them - a person must bring an Asham Taluy (the sacrifice for one in doubt if he transgressed Chayavei Krisus) for relations with this woman (so why may she stay married?)!

(g) Answer #1 (Rav Sheshes): She married one of the witnesses that say that he died (since he is sure she is permitted, he may remain with her).

1. Question: She (who is unsure) must bring an Asham Taluy (why may she remain married?)!
2. Answer: She says that she is sure that he died.
3. Question: If so, obviously she may stay married (why did Rav have to teach this?)

i. Even R. Menachem b'Rebbi Yosi only said (that he must divorce her) when she got married after witnesses said that her husband was alive - but if she got married before the witnesses came, she may stay married!
ii. (Beraisa -): 2 witnesses say that he died, 2 say that he did not die; 2 witnesses say that she was divorced, 2 say that she was not divorced - she may not get married; if she married, she may stay married;
iii. `R. Menachem b'Rebbi Yosi says, if the witnesses came before she got married, she must leave; if they came after she got married, she may stay married.

4. Answer #1: Rav spoke in the case when witnesses came before she married - he comes to teach that the law is unlike R. Menachem b'Rebbi Yosi.
5. Answer #2: She may only stay married because she got married before the witnesses came - had they come before she got married, she would have to leave, as R. Menachem b'Rebbi Yosi.
6. Question (Rava - Beraisa): "And you will sanctify (a Kohen)" - against his will - this teaches, if he did not want to leave a woman forbidden to him, Dafno (we force him).

i. Question: What is the case?

A. Suggestion: If she did not marry a witness that said her husband died, and she is unsure - of course we force him (why must a verse teach this by a Kohen?)!

ii. Answer: Rather, she married one of her witnesses, and she is sure her husband died - and the Beraisa teaches, we force him to divorce her!

7. Answer #1: Prohibitions of Kehunah (if her husband is alive, she is a Zonah) are more stringent (than the prohibition of a married woman).
8. Answer #2: 'Dafno' means, we strive to find witnesses (that the husband is alive) before he marries her.
9. Answer #3:The case is, the witnesses came before she married, as R. Menachem b'Rebbi Yosi.

(h) Answer #2 (To 2:f, 88A - Rav Ashi): When Rav said, she does not leave - it means, she does not lose her permission to get married.
(i) Objection: But Rav already taught that!

1. (Mishnah): If she was married without permission (of Beis Din), she may return to her 1st husband.

i. (Rav): This is the law.

(j) Answer: Rav only said 1 of the 2 teachings - the other was inferred from the one he said.

(a) (Shmuel): She must leave if she does not contradict the witness - but if she contradicts him, she may stay married.

1. Question: What is the case?

i. Suggestion: If 2 witnesses say he is alive - what she says means nothing!

2. Answer #1: Rather, 1 witness says he is alive - and had she not contradicted him, she would have had to leave!
3. Question: But Ula taught, wherever the Torah believed 1 witness (such as the witness who says that he died), he is as 2 - and 1 witness (who says he did not die) is nothing against 2!
4. Answer #2: We are dealing with invalid witnesses (that say he did not die), as R. Nechemyah.

i. (Beraisa - R. Nechemyah): Wherever the Torah believed 1 witness, we go after the majority opinion; 2 women against a man are as 2 men against a man.

5. Answer #3: Really, the law is, if 1 Kosher witness originally said that he died, even 100 women that contradict him are as just 1 man; the case is, she was married on the testimony of a woman.

i. We will explain R. Nechemyah thusly: Wherever the Torah believed 1 witness, we go after the majority opinion; 2 women against 1 woman are as 2 men against a man; but 2 women against a man is an even doubt.

(a) (Mishnah): She needs a Get from both men.

1. We understand, she needs a Get from her 1st husband.
2. Question: Why does she need a Get from the 2nd man - it was mere extramarital relations!
3. Answer (Rav Huna): It is a decree, lest people say that the 1st husband divorced her, and she married the 2nd man, and now she leaves him without a Get.
4. Question: If so, in the continuation of our Mishnah (92A), which teaches, 'They told her, your husband died, and she got engaged; later, her husband returned - she is permitted to return to him' - we should also decree, lest people say, the 1st husband divorced her, the 2nd engaged her, and she leaves the 2nd man without a Get!
5. Answer #1: She needs a Get from the 2nd man.

i. Objection: If so, (it appears as if) the 1st husband is remarrying his wife after she became engaged to someone else!
ii. Answer: The Mishnah is as R. Yosi Ben Kipar, who says that it is forbidden to remarry one's divorcee after she married someone else, but it is permitted if she only was engaged to someone else.