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4:9:1

משנה: מִי שֶׁיָּצָא הוּא וְאִשְׁתּוֹ לִמְדִינַת הַיָּם וּבָא הוּא וְאִשְׁתּוֹ וּבָנָיו וְאָמַר אִשָּׁה שֶׁיָּצָאת עִמִּי לִמְדִינַת הַיָּם הֲרֵי הִיא זוֹ וְאֵילּוּ בָנֶיהָ אֵינוֹ צָרִיךְ לְהָבִיא רְאָיָיה לֹא עַל הָאִשָּׁה וְלֹא עַל הַבָּנִים. מֵתָה וְאֵילּוּ בָנֶיהָ צָרִיךְ לְהָבִיא רְאָיָיה עַל הַבָּנִים וְאֵינוֹ מֵבִיא רְאָיָיה עַל הָאִשָּׁה.

MISHNAH: If somebody left for overseas together with his wife; he returns with his wife and her children and says, “the wife with whom I left for overseas is this one and those are her children,”220A Cohen who wants to find matches for his children as members of the priestly clan. he does not have to bring proof either about the wife221Even if nobody recognizes her anymore. or the children. “She died and those are her children,” he has to bring proof about the children222That they are the children of his legal wife. but not about the wife.

MISHNAH: If somebody left for overseas together with his wife; he returns with his wife and her children and says, “the wife with whom I left for overseas is this one and those are her children,”220A Cohen who wants to find matches for his children as members of the priestly clan. he does not have to bring proof either about the wife221Even if nobody recognizes her anymore. or the children. “She died and those are her children,” he has to bring proof about the children222That they are the children of his legal wife. but not about the wife.

4:9:2

הלכה: מִי שֶׁיָּצָא הוּא וְאִשְׁתּוֹ לִמְדִינַת הַיָּם כול׳. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. אִישׁ וְאִשְׁתּוֹ עָשׂוּ אוֹתָן כִּשְׁנֵי עֵדִים. חֲזָקָה אֵין אִשָּׁה שׁוֹתֶקֶת עַל בְּנֵי חֲבֵירָתָהּ. רִבִּי אָבוּן שָׁמַע לָהּ מִן דְּבַתְרָה. אִשָּׁה נָשָׂאתִי בִּמְדִינַת הַיָּם הֲרֵי זוֹ וְאֵילּוּ בָנֶיהָ. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. אִישׁ וְאִשְׁתּוֹ עָשׂוּ אוֹתָן כִּשְׁנֵי עֵדִים. חֲזָקָה אֵין הָאִשָּׁה שׁוֹתֶקֶת עַל בְּנֵי חֲבֵירָתָהּ.

HALAKHAH: “If somebody left for overseas together with his wife,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses224In order to let a person marry a Jewish partner, the court will need to have either generally accepted knowledge that the person is Jewish and is not a bastard, or to require testimony to this effect. A man and his wife are really barred from testifying about their children but since a woman is not supposed to raise another woman’s children as her own, her assertion can be believed. since it is general knowledge that a woman will not be silent about another woman’s children. Rebbi Abun referred this to the later statement: “I married a wife overseas, this is she and those are her children;” Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children225Therefore, once the foreign woman has been accepted as his legitimate wife, no proof is needed about the children. In the language of the Tosephta (5:8): “A woman is believed if she says: These are my children.”.

HALAKHAH: “If somebody left for overseas together with his wife,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses224In order to let a person marry a Jewish partner, the court will need to have either generally accepted knowledge that the person is Jewish and is not a bastard, or to require testimony to this effect. A man and his wife are really barred from testifying about their children but since a woman is not supposed to raise another woman’s children as her own, her assertion can be believed. since it is general knowledge that a woman will not be silent about another woman’s children. Rebbi Abun referred this to the later statement: “I married a wife overseas, this is she and those are her children;” Rebbi Abbahu in the name of Rebbi Joḥanan: They considered a man and his wife as two witnesses since it is general knowledge that a woman will not be silent about another woman’s children225Therefore, once the foreign woman has been accepted as his legitimate wife, no proof is needed about the children. In the language of the Tosephta (5:8): “A woman is believed if she says: These are my children.”.

Texts

  • Hebrew: The Jerusalem Talmud, edition by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY
  • English: The Jerusalem Talmud, translation and commentary by Heinrich W. Guggenheimer. Berlin, De Gruyter, 1999-2015 · License: CC-BY

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