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Why does the Gemara (גמרא) ask about sfeik sfeika on Pesach (פסח) pasuach when the husband should be believed? The shiur develops a fundamental machloket between Rashi (רש"י) and Tosafos (תוספות) on whether pitui ketana (seduction of a minor) constitutes oneis. The Rambam (רמב"ם)'s innovative approach resolves the difficulties by distinguishing between biah (intercourse) and pitui (seduction).
The shiur opens with the Gemara (גמרא)'s challenge to Rabbi Eliezer's statement that a husband claiming 'Pesach (פסח) pasuach' (found her non-virgin) is believed, asking why this isn't simply a sfeik sfeika that would render her permitted. The Chasam Sofer's interpretation of Rashi (רש"י) suggests that all women must marry on Wednesday night to allow time for beis din investigation, making her forbidden until the matter is clarified. A fundamental machloket emerges between Rashi/Tosafos (תוספות) and the approach suggested by the Rav HaMagid regarding the Rambam (רמב"ם). Rashi and Tosafos argue that to avoid sfeik sfeika, the case must involve a woman who is now a gedolah (adult), creating only one safek: whether the intercourse was oneis (forced) or ratzon (consensual). They maintain that if she were still a ketana, there would be two safeks: oneis vs. ratzon, and if ratzon, whether she was a ketana or gedolah at the time.
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Kesubos 9a
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