Kiddushin 80a
קידושין פ׳ ע״א
Learn Kiddushin 80a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
How far a חזקה reaches: lineage, court punishments, and burning תרומה
Overview
The amud opens by finishing a case from just before: a woman whose children cling to her is presumed to be their mother. One opinion trusts this only for תרומה. רבי יוחנן trusts it even for יוחסין. The גמרא shows he is consistent, since he also rules that a court gives מלקות, סקילה and שריפה based on חזקות. It gives three examples: a woman known by her neighbors as a נדה, people who grew up in one house, and a story of a woman and a boy who clung to her. רבי יוחנן's one exception is that we do not burn תרומה because of a חזקה, while ריש לקיש says we do. Their argument is tied to a משנה about a child found next to dough with dough in his hand, where רבי מאיר and חכמים argue over how a רוב and a חזקה are weighed. The גמרא then gives a case where רבי יוחנן would burn תרומה: pieces found in dough in a house with mostly שרצים. A ברייתא supporting רבי יוחנן names the child and one more case, and that second case, about dough with chickens and impure liquids, continues on the next עמוד.
Opening lines
לֹא שָׁנוּ אֶלָּא בְּקׇדְשֵׁי הַגְּבוּל,
They only taught this regarding the holy food of the border-areas,
אֲבָל בְּיוּחֲסִין – לֹא.
but regarding lineage – no.
וְרַבִּי יוֹחָנָן אָמַר:
And Rabbi Yoḥanan said:
אֲפִילּוּ בְּיוּחֲסִין.
even regarding lineage.
The steps (16)
- StatementThe children's clinging counts only for תרומה, not for lineage
- Statementרבי יוחנן says it counts even for lineage
- Statementרבי יוחנן is consistent: courts punish based on חזקות
- StatementLashes based on a presumption: the woman known as a נדה
- StatementDeath penalty based on a presumption: people who grew up in one home
- ProofA woman and boy were stoned because of a presumption
- StatementBurning תרומה because of a presumption is debated
- StatementThe child found next to the dough
- QuestionWhy does רבי מאיר say the dough is pure?
- ResponseMajority against presumption
- StatementBurning the dough: ריש לקיש against רבי יוחנן
- QuestionWhich presumption would make רבי יוחנן burn תרומה?
- ResponseDough with creeping animals and frogs in the house
- ProofA ברייתא that supports רבי יוחנן
- QuestionWhat is the second case?
- ResponseDough with chickens and impure liquids