020 - הִלְכוֹת אִסּוּרֵי בִּיאָה פֵּרֶק כ

Laws of Issurei Bi'ah, Chapter 20

1. All the kohanim of the present time are kohanim by presumption (chazakah), and they eat only sacred foods of the outlying areas, provided it is terumah of Rabbinic status. But terumah of Torah status and challah of Torah status may be eaten only by a kohen of established lineage (meyuchas).

2. Who is a kohen of established lineage? One for whom two witnesses have testified that he is a kohen, the son of so-and-so the kohen, and so-and-so the son of so-and-so, back to a certain man who was the kohen who served upon the altar; for had the Great Beis Din not investigated him, they would not have allowed him to serve. Therefore we do not investigate from the altar upward, nor from the Sanhedrin upward, for only kohanim, levi'im and Yisraelim of established lineage are appointed to the Sanhedrin.

3. Challah at the present time, even in Eretz Yisrael, is not of Torah status, as it says, "בְּבֹאֲכֶם, אֶל-הָאָרֶץ" ("when you come to the land," Bamidbar 15:18), meaning the coming of all of you, not the coming of some of you; and when they went up in the days of Ezra, not all of them went up. Likewise terumah at the present time is by the words of the Scribes, and therefore the kohanim of our time, who are kohanim by presumption, eat it.

4. One for whom witnesses testified that they saw him eating terumah of Torah status is of established lineage. But we do not raise a person to established lineage on the basis of the priestly blessing, or of being called first to the Torah, or of the distribution of terumah at the threshing floors, or on the word of one witness.

5. A kohen of established lineage who said, "This is my son, and he is a kohen," does not raise him to established lineage on his word until he brings witnesses that he is his son.

6. A kohen of established lineage and his wife, whom we knew to be fit, went out to another country, and he and she came back with children clinging to her, and he said, "This is the woman who went out with me, and these are her children": he need not bring witnesses either about the woman or about the children. If he said, "She died, and these are her children," he must bring witnesses that these are her children, but he need not bring witnesses that their mother was fit, because it is already established that he left us with a fit wife.

7. If a kohen of established lineage went out to another country, and came back with his wife and children, and said, "I married this woman, and these are her children," he must bring witnesses that this woman is fit, but he need not bring witnesses that these are her children, provided they cling to her. If he came with two wives, and brought proof about one of them, then even though the children are small and cling to her, he must bring proof about them, for perhaps they are his children from the other wife and have attached themselves to this one of established lineage.

8. If he came back with his children, and said, "I married a woman who died, and these are her children," he brings witnesses that that woman was fit and that these are her children. By this same law we judge a Yisrael of established lineage and a Levi of established lineage; and afterwards we testify about this son of his that he is of established lineage, so that he will be fit for the Sanhedrin.

9. We do not raise a person to the kehunah on the basis of documents. How so? If a document read, "So-and-so the kohen borrowed from so-and-so," or "lent him such-and-such," with the witnesses signed below, we do not presume this kohen to be of established lineage, for perhaps they testified only about the loan. In what case does this apply? With regard to established lineage. But as for presumption, that he should have the presumed status of a kohen like the kohanim of this time, and eat terumah and challah of the Scribes' status and the other sacred foods of the outlying areas, we do raise him on the basis of documents, on the word of one witness, from the priestly blessing and from being called first to the Torah.

10. Likewise a kohen who said, "This son of mine is a kohen," is believed to have him eat terumah and to give him the presumed status of a kohen, and he need not bring proof either about the children or about the woman.

11. Two men who came to a town, the one saying, "I and my companion are kohanim," and the second saying, "I and my companion are kohanim": even though they appear to be doing each other a favor, they are believed, and both have the presumed status of kohanim. Likewise one witness who said, "I saw this man raise his hands in the priestly blessing," or "eat terumah," or "take a share at the threshing floor," or "read first in the Torah with a Levi reading after him": we give him the presumed status of a kohen on the witness's word. Likewise if he testified that this man read second in the Torah after a kohen, we give him the presumed status of a Levi.

12. If he testified that he saw this man divide with his brothers in beis din terumah that their father the kohen had left them, we do not raise him to the kehunah on this testimony, for perhaps he is a chalal and took his share of the inheritance from the terumah in order to sell it.

13. One who comes at the present time and says, "I am a kohen," is not believed, and we do not raise him to the kehunah on his own word. He may not read first in the Torah, raise his hands in the priestly blessing, or eat sacred foods of the outlying areas until he has one witness. But he forbids himself a divorcee, a zonah and a chalalah, and he may not become impure through the dead. If he married one of them or became impure, he receives lashes; and a woman who had relations with him is a doubtful chalalah.

14. If he was speaking innocently, without intent to testify, he is believed. How so? It happened that a man was speaking innocently and said, "I remember when I was a child, riding on my father's shoulder, and he took me out of school, took off my shirt and immersed me so that I could eat terumah in the evening, and my friends kept apart from me and used to call me 'Yochanan, eater of challos'"; and Rabbeinu HaKadosh raised him to the kehunah on his own word.

15. An adult is believed to say, "I remember when I was small, and I saw so-and-so immerse and eat terumah in the evening," and we give that person the presumed status of a kohen on his testimony. One who comes at the present time and says, "I am a kohen," and one witness testifies for him, "I know that this man's father is a kohen": we do not raise him to the kehunah on this testimony, for perhaps he is a chalal, unless the witness testifies that this man himself is a kohen. But if his father is presumed to be a kohen, or two came and testified that this man's father is a kohen, he has the presumed status of his father.

16. One whose father was presumed to be a kohen, and a rumor went out about him that he is the son of a divorcee or the son of a chalutzah: we take it into account and remove him. If one witness then came and testified that he is fit, we raise him to the kehunah on that witness's word. If two then came and testified that he is a chalal, we remove him from the kehunah. If one witness then came and testified that he is fit, we raise him to the kehunah, for this last witness joins with the first witness, so that two testify that he is fit and two testify that he is unfit. The two sets cancel each other and the rumor is dismissed, for two are like a hundred, and he remains a kohen with the presumed status of his father.

17. A woman who did not wait three months after her husband and gave birth, and it is not known whether the child is a nine-month child of the first husband or a seven-month child of the last, where one of them was a kohen and the other a Yisrael: this child is a doubtful kohen. Likewise if a kohen's child became mixed up with a Yisrael's child, and the mixed-up children grew up, each of them is a doubtful kohen. We apply to them the stringencies of Yisraelim and the stringencies of kohanim: they marry women fit for the kehunah, may not become impure through the dead, and do not eat terumah; and if they married a divorcee, they must send her away, but they do not receive lashes.

18. Two kohanim whose children became mixed up, or the wife of a kohen who did not wait three months after her husband and married another kohen, and it is not known whether the child is a nine-month child of the first or a seven-month child of the last: we apply to the child the stringencies of both. He is an onen for them, but they are not onenim for him; he may not become impure for them, and they may not become impure for him. He goes up to serve in the watch of each one, but does not receive a share; and if both were in one watch and one father's house, he takes one share.

19. In what case does this apply? When they come through marriage. But with promiscuity, the Sages decreed that he is excluded from the law of the kehunah altogether, since he does not know his definite father, and it says, "וְהָיְתָה לּוֹ וּלְזַרְעוֹ אַחֲרָיו" ("and it shall be for him and for his offspring after him," Bamidbar 25:13), which requires that his offspring trace their lineage after him.

20. How so? Ten kohanim, one of whom left the group and had relations: the child is certainly a kohen, and nevertheless, since he does not know his father to whom to trace his lineage, he is excluded from the law of the kehunah. He does not serve, does not eat terumah and does not receive a share. And if he became impure through the dead or married a divorcee, he receives lashes, for there is no doubtful permission here.