Who is "Some Say"? (article preview)

The Mishnah on Kiddushin 74a deals with people prohibited to marry into the Israelite congregation, e.g. a mamzer. The Tanna Kamma says all such prohibited people may nevertheless marry one another. Rabbi Yehuda, a fifth-generation Tanna, prohibits this. Rabbi Eliezer says that those with definite flawed lineage may marry one another (such as a mamzer to a Giveonite), but those with uncertain flawed lineage marry someone with either definite or uncertain flawed lineage. Finally, a list of those with uncertain lineage: שְׁתוּקִי, אֲסוּפִי, וְכוּתִי.

It would be strange for Rabbi Eliezer (ben Hyrcanus), third-generation Tanna, to be listed after fifth-generation Rabbi Yehuda, to argue with him. Indeed, the Masoret Hashas, a marginal commentary in the Vilna Shas, authored first by Rabbi Yehoshua Boaz and with subsequent comments in brackets by Rabbi Yishayahu Pick, argues in a bracketed comment that this should be Rabbi Eleazar (ben Shamua), a fifth-generation Tanna. I agree. The parallel sugya in Yevamot 37a has רבי אלעזר, and it works with later gemaras, as Tosafot discuss. Read it inside – Rabbi Pick could get his own Jewish Link column. I’ll still write my own column, with similar evidence but slightly divergent conclusions. 

Manuscripts for Kiddushin differ on the Eliezer / Eleazar question. But the Kaufmann manuscript, Guadalajara Talmud printing, and the Oxford 367 and Chabad 1701 manuscripts all have Eleazar in the Mishnah, thus matching the Yevamot parallel. However, Rabbi Eleazar or Rabbi Eliezer will appear elsewhere in the gemara, as well as in the parallel Tosefta, so there is much conflicting evidence. I would land on Rabbi Eleazar ben Shamua.

Kaufmann Mishnah manuscript, Kiddushin 4:4

One of those with “doubtful” lineage was the Samaritan. Presumably, the Samaritan community didn’t heed this prohibition of marrying other Samaritans, or else there wouldn’t be a modern-day Samaritan community. Rather,