Talmud zu Tahorot 3:8

HALAKHAH: ²⁰⁶In the ms. but not in editio princeps, Halakhah 8 follows Halakhah 10. The theme of Halakhah 8 agrees better with Mishnah 10 than with Mishnah 8. “If somebody empowered his agent,” etc. It was stated: “If a man and a woman come from overseas; he says, she is my wife, and she says, he is my husband. One will not execute anybody because of her being a married woman²⁰⁷If somebody commits adultery with the woman, he cannot be prosecuted in the absence of proof (by witnesses or documents) that the woman actually is a wife, not a concubine.. If they become generally known²⁰⁸Public knowledge creates prima facie evidence which is valid as long as it is not rebutted by legal proof to the contrary; cf. Ketubot 5:5, Note 100., one will execute because of her being a married woman.” How long does it take to be generally known? Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: Up to thirty days²⁰⁹Once a couple has lived in town as husband and wife for thirty days, adultery by another man with the wife is a capital crime since it seems unlikely that she would be able to prove that she is not married. Once prima facie evidence is established, husband and wife are barred from testifying in the matter since they are presumed related to each other.. There²¹⁰Mishnah Ṭahorot 3:8., we have stated: “A toddler who is found near cake-dough with a piece of dough in his hand²¹¹The dough is supposed to be made in the purity of heave. The toddler is assumed to be impure unless he was immersed in a miqweh and then watched every moment lest he touch anything which would make him impure. If the toddler took the cake dough by himself, the cake dough is impure. If it is known that he was handed the piece of dough by a pure adult, the rest of the cake dough remains pure., Rebbi Meïr declares pure²¹²R. Meïr is reluctant to accept that anything which happens most of the time happens all the time unless the contrary be known. Since some toddlers do not touch anything impure and some toddlers do not play with dough if they see it, it is not said that the cake dough has to be impure. but the Sages declare it impure, for toddlers will slap their hands on cake-dough²¹³The cake dough is impure by prima facie evidence unless proven to be otherwise..” Does one burn because of general knowledge²¹⁴If the cake dough was made of heave material.? Rebbi Yose in the name of Rebbi Ze‘ira: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, one executes because of general knowledge. Rebbi Simeon ben Laqish said, one does not execute because of general knowledge. Rebbi Yose ben Rebbi Abun in the name of Rebbi Ze‘ira: Everybody agrees that one executes because of general knowledge. Where do they disagree? About burning. Rebbi Joḥanan said, one executes because of general knowledge but one does not burn because of general knowledge²¹⁵Babli 80a; cf. also Demay 6:6, Note 138.. Rebbi Simeon ben Laqish said, since one executes because of general knowledge, one also burns because of general knowledge. And from where that one executes because of general knowledge? Rebbi Samuel, the son of Rebbi Yose ben Rebbi Abun said, it is written²¹⁶Ex.. 21:15.: “He who hits his father or his mother shall be put to death.” But is it certain that this one is his father? Is it not only general knowledge that he is his father²¹⁷This is not really a proof since fatherhood is not only a matter of public knowledge but also of probability since “most intercourse of an adulteress is still with her husband” (Soṭah, Yerushalmi 1:7 Note 265, Babli 27a; Tosephta Yebamot 12:8.)? But it says, one executes. So here also²¹⁸In the matter of the couple who married at another place and declare themselves husband and wife; Babli 80a. one executes.