Q&A: The matter did not move from his hand out of hers
The matter did not move from his hand out of hers
Question
Rabbi Zechariah knows that his wife was not defiled throughout the entire conquest, so why should he treat her as forbidden to him?
After all, he knows for certain that she was not defiled.
And all the rulings of the Sanhedrin, with all due respect, apply when they have a doubt and they rule one way or the other.
But what relevance does that have for him, if he knows?
Answer
You mean the Talmud in Ketubot 26? That was not Rabbi Zechariah's wife. Besides, it really does say there that they believed him either way.
Discussion on Answer
And in Beit Shmuel there, section 4, he wrote:
He testifies about himself. Even though above in section 3 it is explained that an innocent remark is believed as testimony to allow eating terumah, nevertheless, with regard to lineage they gave it special stringency, and were so strict about it—so wrote Tosafot, the Ran, and Hagahot Maimoniot. And specifically with regard to giving testimony he is not believed, but if no other person knew that she had been taken captive except for him, and he was with her and knows that she was not defiled, she is permitted to him.
It sounds like this is a special stringency in matters of lineage, requiring him to be strict because of those who see. But if no one else knows, then she really is permitted to him.
I just saw now that you probably mean the Mishnah there on 27b. At first glance, he really can have relations with her if he knows that she was not rendered forbidden. When they ask the religious court, that is what they have to rule, but if he knows otherwise, let him act otherwise. Except that in the Talmud there it is explained that he himself acted in accordance with their ruling. That really requires further examination.