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Why does the Mishna require a woman to say "bari" (definitely) when claiming her pregnancy is from her husband? The analysis distinguishes between cases with rov kosher versus rov pasul partners, explaining that Rabbi Eliezer holds bari weakens the rov to create a safek, while Rabbi Yochanan holds bari completely nullifies the rov through ne'emanus.
The shiur continues analysis of Kesubos 13b-14a regarding the Mishna's requirement for a woman to declare "bari" (with certainty) when claiming her pregnancy is from her husband. The discussion centers on understanding Rashi (רש"י)'s interpretation of why this bari is necessary and how it functions differently depending on whether there is rov kosher or rov pasul in the surrounding population. The Gemara (גמרא) presents a fundamental question about the mechanics of the bari requirement. In cases of muberes (pregnant woman) versus mid-beres (one who gave birth recently), different halachic principles apply. For mid-beres, Rashi explains that the heter (permission) is based on "ein suffek" - there is no doubt because there's no suffix situation. However, for muberes, the heter works through her bari overcoming the statistical probability.
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Kesubos 13b-14a
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Why does the Gemara present a kal v'chomer for chuppah making kiddushin based on kesef not being maichel b'terumah, only to reject it? The shiur reveals that even the rejected kal v'chomer establishes a fundamental yesod: kiddushin is a kinyan for ishus (marital relationship), not merely a kinyan in hilchos kinyanim. The second kal v'chomer—from chuppah being gomeres—raises Tosafos's famous question.
Is the kesef used in kiddushin a true kinyan (acquisition), or merely a symbolic means of establishing marriage? The shiur analyzes multiple interpretations of the Gemara's derivation from ki yikach ki'ach mi'Sayeffron, exploring whether marriage constitutes ownership, and develops three fundamental approaches: (1) The Gemara proves ishus is a kinyan, (2) ishus is not a kinyan but uses kinyan-like means, or (3) ishus is a kinyan but the kesef may not be a ma'aseh kinyan. The Rambam's position—calling kesef "midivrei sofrim"—is explained as distinguishing between cross-referencing concepts versus borrowing terminology.
Why does the Mishna alternate between the language of "kinyan" (acquisition) and "kiddushin" (sanctification) when describing marriage? The shiur develops a fundamental distinction: marriage has two separate aspects—a kinyan dimension (ownership) and a kedusha dimension (sanctified relationship). Either aspect can initiate the bond, and understanding this dual nature resolves multiple textual and halachic questions throughout the sugya.
Does kiddushei shetar require a shevah pruta? The Ran presents two approaches to the Rif's position. The shiur develops the Ran's second pshat that shetar kiddushin functions as a hachnah (exchange) rather than a mere kinyan nesina. This reading has profound implications for isuri hana'ah, mechubar, and the relationship between kesef and shetar.
