Kiddushin, Chapter Four, Mishnah Eleven

 

Introduction

This mishnah is a continuation of yesterday’s mishnah. 

 

Mishnah Eleven

1)      [If he says,] “I married a woman overseas, and behold, this is she, and these are her children”, he must bring proof about the woman, but not about the children.   

2)      [If he says,] “She died, and these are her children”, he must bring proof about the woman and about the children.

 

Explanation

Section one:  In this case, he goes abroad without a wife and returns with a wife and children.  He must prove the lineage of the wife, because they were not married when he went abroad.  However, once he proves her lineage, he need not prove the fitness of the children’s lineage, since it can be assumed that the two of them are the parents.

Section two:  If he returns with children but no wife, he must prove two things. First he must prove that the woman he was married was not prohibited to him and that she had proper lineage.  Once he proves that, he must prove that the children are her children. 

 

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