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How does bari v'shema work when a husband claims his wife wasn't a virgin and she denies it? The analysis explores whether this is bari garuah (weak certainty) vs. shema tov, and how chazaka affects the din when combined with migul and various halachic positions.
This shiur analyzes a complex Tosafot on Kesubos 12b dealing with the halachic principle of bari v'shema (one who is certain vs. one who is uncertain) in the context of marriage disputes. The primary case involves a husband who claims he found evidence that his wife was not a virgin at marriage, while she claims ignorance of when any violation occurred. Rabbi Zweig begins by examining Tosafot's distinction between different types of bari v'shema cases. In the case of 'mi she'arastani nenasti' (when you betrothed me, I was violated), the question arises whether this constitutes bari garuah v'shema tov (weak certainty vs. good uncertainty) or bari tov v'shema garuah (strong certainty vs. weak uncertainty). The distinction is crucial because it affects whether bari v'shema bari yodat (the certain party wins) applies.
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Kesubos 12b
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