Thursday, October 8, 2015

Stira!

לע"נ מרת אסתר בת ר' שמואל

The Mishna at the beginning of Sanhedrin says that there is a machlokes how many judges are required for a מוציא שם רע - a man who claims that the naara he married was not a besulah. R' Meir says three and the Chachomim say 23.

Rashi there explains that we are referring to a case where the husband was accused of lying and we bring him before a court in order to determine if he must pay the fine of 100 silver pieces.

Many point out that later [8a], this same Rashi Hakadosh explains that we are talking about a husband who is trying to incriminate his bride in order to divorce her withour paying a Kesuba [which is the din if his claim that she was not a besulah is verified]. In THAT instance there is a machlokes how many are required in order to sit on the beis din.

Why does Rashi contradict himself?