Commentary for Kiddushin 145:15

כיון דאיכא פנויה ואיכא נמי דמחמת רעבון הוה פלגא ופלגא והתורה אמרה לא יבא ממזר בקהל ה' ממזר ודאי הוא דלא יבא הא ממזר ספק יבא בקהל ודאי הוא דלא יבא הא בקהל ספק יבא

Then it is kabua',<span class="x" onmousemove="('comment',' V. Glos.');">¹⁶</span> and every case of kabua' is as half and half, whilst the Torah said: 'A mamzer shall not enter': only a certain mamzer may not enter, but a doubtful mamzer may enter; only into a certain assembly may he not enter, but he may enter into a doubtful assembly.<span class="x" onmousemove="('comment',' The following example illustrates the principles of 'separation' and kabua' (fixed) . If there are ten butcher shops in a street, nine of which supply kasher meat (ritually fit) , and one supplies trefa meat (not fit) , and a piece of meat is found in that street, it is assumed to be kosher, following the majority. If, however, meat is bought in one of the shops, but it is not known of which, it is accounted as though there were an equal number of each, and on the usual principle in such cases, unfit. For in the first instance the meat was 'separated' from its appointed place, sc. the shop, whereas in the second it remained fixed (kabua') until purchased, when the doubt arose. Here too, all men are jointly looked upon as a mass stationed in one place. If one goes to the mother of this child, he 'separated himself from the majority, hence was probably eligible. But even if she goes to him, so that the minority count as much as the majority, it is still a matter of equal doubt, which in the case of mamzer is not forbidden.');">¹⁷</span>

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