Ketubot 15: Uncertainties, Majorities, "Equally Balanced", and Consequences

We are introduced to a number of principles in today's daf.  The first is rather far-reaching.  We first learn that the virgin girl who was raped when at the wagons in Tzippori claims that she did not know the man who raped her.  If at least half of the people living in Tzippori, her home, are Jewish of unflawed lineage, that is called a majority.  If at least half of the people who might pass by (in the place where she was raped) are Jewish of unflawed lineage, that is called a second majority.  Some rabbis believe that only one majority is required to deem the child fit to marry into the priesthood once it is born.  Other rabbis require two majorities.

A confounding factor related to this principle is the notion of whether something is "fixed" or "moving".  The population of Tzippori is considered to be fixed, while the population travelling by the wagons is considered to be moving.  Our Sages wonder whether a majority of a fixed population should take precedence over a majority in a moving population or vice versa.  They bring up the concept of "equally balanced", where we might erroneously assume that one factor would override other factors.  For example, one might not follow the majority principle if one group is equally balanced.

In this particular case, our notes explain that this woman's child would be deemed fit to marry into the priesthood as long as there were two majorities (the city and the passersby) of unflawed lineage.  The rabbis disagree about what to do if only one of these groups had such a majority.  Some say that she and her child could marry into the priesthood but only ab initio.  Others say that she and her daughter are forbidden to marry into the priesthood and must divorce if they have married in the meantime.

The rabbis use the example of another uncertainty.  If nine shops sold kosher meat and one did not, is meat considered to be kosher when a person cannot recall from which shop it was purchased?   And if the meat is found in a package on the street, can it be considered kosher because of the majority of fixed stores?

They ask similar questions around the uncertainty of a child's lineage.  If an infant is found on the road and the majority of people passing by and living in the town nearby are fit to marry into the priesthood, is this child considered fit?  Is this child considered to be Jewish at all?  The rabbis discuss this at length, deciding that the child can be considered Jewish if a majority of Jews are present.  However, whoever finds this baby is legally required to save its life, regardless of its religion, even if Shabbat must be desecrated to do so.  

Why does it matter if the baby is Jewish?  To know what can be fed to the baby - non-Kosher food is permitted to a Gentile baby.  Why does it matter if the baby is Jewish? To know that lost property should be returned to the baby.*  As well, later rulings on property (ex. an ox who gored someone) are different for Jews and Gentiles.

Two more queries regarding uncertainties.  The first: if there are nine creeping animals (many of which are forbidden to touch, particularly if those animals have died) and one frog, what is the status of a person who touches something but doesn't know which creature s/he has touched?  Is s/he tahor or tamei?

If a person throws a stone into a crowd, not intending to hurt anyone, and a person is killed, what is the consequence?  Usually, a person is liable to death for killing a Jew.  There are different consequences for killing a Gentile.  But if the original murder is accidental, there is an exemption to the call for capital punishment.  Should this person be exempt?  What difference might it make if there were nine Gentiles and one Jew in the crowd?  What if there were equal numbers of Jews and Gentiles in the crowd?  If there is what is considered a majority of Jews, does it matter?  The rabbis remind us that when it comes to matters of life and death, we rule leniently. 

We end today's daf with Perek II which begins with a new Mishna.  Due to the jam-packed nature of today's daf, we'll leave that for tomorrow.

I know that I am beginning to understand just the surface of the complexity of these principles and conversations, and this is my second time through masechet Ketubot.  The principles regarding majorities and how they relate to what is deemed "equally balanced" regarding uncertainties is still fuzzy.  Hopefully further learning will help to clarify these concepts.

*I cannot help but wonder if these lost items might refer to the baby's parents.  If the parents return one day and the baby is deemed Jewish, the parents would be permitted to return to the baby, according to my reading.  If the baby were Gentile, the new family could claim the baby as their own.  This is NOT halacha, but conjecture.