[Avodah] Call the midwife

[Micha Berger]

On Wed, Jun 12, 2019 at 09:13:26AM +0000, Rich, Joel via Avodah wrote:
: Kiddushin 73b states we believe the midwife to tell us which twin came out
: first. The Ran on the Rif on Kiddushin 31a states a midwife's credibility
: is not "mdin" (from the law) but the Rabbis believed her because in
: the majority of cases, there's no other way...

And further, d"h Aval heikha, the only reason why an eid achad can
trump her ne'emanus is that it's not midina.

I think the Ran is saying the midwife's ne'emanus is as evidence, not
eidus. (Midina -- midin eidus in particular.) Halakhah has a very weak
view of evidence, usually considering it circumstantial, or grounds for
not giving up on the derishah vechaqira until it's explained.

If they were trumping all the deOraisa and not limiting it to dinei
eidus... I mean, this isn't dinei mamunus. In the gemara's case talking
about allowing a person eat terumah despite being only one of 4 potential
kohanim. And presumably this neemanus would be enough to permit marriages
between these for velodos and the other families' daughters!

:-)BBii!
-Micha

-- 
Micha Berger                 The thought of happiness that comes from outside
http://www.aishdas.org/asp   the person, brings him sadness. But realizing
Author: Widen Your Tent      the value of one's will and the freedom brought
- https://amzn.to/2JRxnDF    by uplifting its, brings great joy. - R' Kook