- Why Rebbe Yehoshua permits an אלמנה עיסה to marry a Kohen
Abaye asked Rabba if Rebbe Yehoshua really said that a woman is not believed to say that she had relations with a kosher man to permit her to marry a Kohen? For a Mishnah in Eduyos taught that Rebbe Yehoshua and Rebbe Yehudah ben Beseira testified על אלמנת עיסה שהיא כשרה לכהונה – regarding an almanah of a person with a safek status, meaning an almanah of a safek chalal, that she is permitted to marry into the Kehunah. Rashi explains that the safek chalal arises from a case where his mother’s first husband threw the get, and it is a safek whether it was closer to her, making her a gerushah, or closer to him and she is not divorced. Then he dies, leaving her as a safek gerushah or almanah, and she then marries a Kohen, and bears a child, who is safek chalal. Then this child grows up, marries and dies, creating a safek whether his wife is an almanah of a chalal and forbidden to a Kohen, or an almanah of a kosher Kohen. We see from here, that Rebbe Yehoshua permits her to marry to the Kehunah, presumably based on her chazakah that she was permitted to marry a Kohen before this marriage. Rabbah said to Abaye that the cases do not compare. התם אשה נישאת בודקת ונישאת – there we say that a woman who marries first checks her husband’s yichus and then marries. But here, when a woman acts immorally, does a woman first check the man’s yichus before acting immorally?
- Reconciling Rabban Gamliel’s and Rebbe Yehoshua’s positions
Rava points out that that same Mishnah contradicts Rabban Gamliel’s position, for it states that Rabban Gamliel said to Rebbe Yehoshua and Rebbe Yehudah ben Beseira that we accept your testimony, but what can we do, since Rabban Yochanan ben Zakkai decreed to not convene a court for the purpose of permitting the אלמנת עיסה, שהכהנים שומעין לכם לרחק אבל לא לקרב – for Kohanim listen to the court to distance a woman the court rules is prohibited to them, but not to bring close those that they rule are permitted. We see from here that Rabban Gamliel rules that a woman with a safek status is not permitted to marry a Kohen? Rava answers that there are no contradictions. Regarding Rabban Gamliel, התם ברי הכא שמא – in our Mishnah the woman is bari about whom she had relations with, whereas here, with the almanah to the safek chalal, her claim is only a shema. And regarding Rebbe Yehoshua, התם חד ספיקא הכא תרי ספיקא – in our Mishnah there is only one safek, whereas here there are two doubts. Rashi explains that in the Mishnah’s case there is only one safek, whether the woman had relations with a fit man. In the case in Eduyos, the mother of the deceased Kohen was a safek herself, and this widow of her son is a second safek.
- איזוהי אלמנת עיסה
It was taught in a Baraisa: איזוהי אלמנת עיסה – Who is the almanas isah which Rebbe Yehoshua and Rebbe Yehudah ben Beseira testified is permitted? כל שאין בה לא משום ממזרת ולא משום נתינות ולא משום עבדי מלכים – Anyone, who due to her marriage to the man with a safek status, has no safek on account of mamzerus, nesinus, or slaves of kings. Rebbe Meir said that anyone who does not have these pesulim, we allow to marry a Kohen. Rebbe Shimon ben Elazar says in the name of Rebbe Meir, and so would Rebbe Shimon ben Menasya say: Who is an almanas isah? כל שנטמא בה ספק חלל – Anyone that through her marriage became mixed up with a safek chalal. מכירין ישראל ממזרים שביניהם ואין מכירין חללין שבינהם – Yisroel recognizes the mamzerim among them but they do not recognize the chalalim among them. The Gemara analyzes this Baraisa.