Wednesday, August 22, 2007

Yevamos 112a - Temeiah Ani Lecha

The gemara quotes the mishna in nedarim 90b that originally a women was beleived to say that she was raped, but then they instituted not to beleive her out of concern that she wants out of this marriage to go marry someone else. The Ran in Nedarim offers 2 peshatim to explain how they can change whether she is beleived or not - Is she beleived m'doraysa or not? One mehalech is that she is beleived m'doraysa but the mishnah achrona holds that they uprooted the kiddushin (kol d'mekadesh) so that the z'nus was not done as an aishes ish and she is still mutar to him. The 2nd approach is that m'doraysa she is not beleived, but the mishnah rishonah was a takana to beleive her since there is some raglayim l'davar that she is telling the truth since otherwise she would not degrade herself, and in the mishna achrona they were simply mevatel the original takana.
Tosafos there asks, even if we assume that we have the right not to believe her in the mishna achrona, how can we allow her to stay with him since she was "shavyeh anafsheh chaticha d'issura"? The famous answer is the chiddush that the issur zonah to a kohen is only an issur on him, not on her, so even acc. to what she is saying she is not assur to him, just he is assur to her. This is argued on by all rishonim based on an earlier gemara in yevamos that assumes whenever he is assur, she is also assur. Tosafos then answers that the chachamim have the power to be mevatel her "shavya anafshe" - which may shed some light as to the mechanics of "shavya anafshe" and how it works, which is a big machlokes achronim.

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