Tuesday 24 February 2015

Ketubot 23: Women as captives with and without witnesses

The rabbis dig into women who claim that they were divorced.  It seems that these women either had no get to prove their marital status.  The rabbis look at how to weigh the importance of witness testimony.  One witness versus two witnesses; those who agree with the woman's claim versus those who disagree.  

Similarly, the rabbis question responses to women who claim that the were held captive but that they were not raped; they are 'pure'.  One of the examples provided tells of Shmuel's daughters who were held captive and claimed that they were pure, each testifying on behalf of the other.  It is interesting that women's testimony is counted in this circumstance.  Usually, only men are permitted to testify.  In this case these daughters are said to have "made themselves unappealing" to their captors.  They are believed.  The Gemara walks us through what might have happened if witnesses claimed that they saw the women violated.  The rabbis also consider the women use of a migo, where they did not have to say that they were taken captive in the first place, which lends credibility to their claims that they were not violated.  

Why go to such lengths to determine women's credibility?  The rabbis are concerned that a woman will marry a prohibited partner and that children will be born as mamzerim or otherwise distanced from the community.  These laws are about maintaining the societal structure that seems to reflect the rabbi's interpretation of G-d's will.

Amud (b) begins with a new Mishna that touches upon women's complicated relationships with other women.  We learn that if two women are taken captive and both claim that they are 'pure' but the other has been violated, neither is deemed credible.  But if both women claim that the other woman is 'pure' but that they themselves were violated, they are believed.  

The Gemara goes into significant detail regarding which woman might claim something about herself or about another woman.  The rabbis also consider what to do with the testimony of any other witnesses who might have been present.  We learn that the Sages are lenient regarding women who have been taken captive.  This translates to mean that only one witness is enough to bolster a woman's claim of 'purity' - even if that witness is a slave or a maidservant.   

Our daf ends with a Mishna that brings men into this equation.  If two men claim that they are both kohenim, but both have unknown lineage, neither ids deemed credible.  But if each names the other as a priest, they are both deemed credible.  The rabbis then argue about whether or not a man can claim priesthood based on the testimony of only one witness.  They consider the financial stake of this male version of questioning, returning to the question of men in dispute over a field.  However, the future of the descendants of these men are at stake, as well. 

No comments:

Post a Comment