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What makes a woman credible when she claims her child is kosher after witnesses saw her in yichud? The shiur analyzes why the Rambam (רמב"ם) requires two majorities to permit the mother to marry a kohen but only one majority to validate the child as kosher. The approach contrasts mainstream marriage eligibility versus kehunah restrictions.
This shiur examines a complex sugya in Kesubos 12b dealing with a woman's credibility (ne'emanus) regarding her child's lineage when witnesses observed her in yichud with a man. The Gemara (גמרא) discusses the dispute between Rav Gamaliel and Rabbi Yehoshua about whether to believe her claim that the encounter was with a kosher man rather than a pasul. Rabbi Zweig begins by analyzing the meaning of 'midaberes' in the Mishna, exploring whether it refers to inappropriate conversation that preceded intimacy or simply regular conversation that preceded yichud. He suggests that 'midaberes' indicates they were having a normal conversation about mundane topics before entering privacy, making Rabbi Yehoshua's stringent ruling (that she's still forbidden to a kohen) an extraordinary chiddush about the severity of yichud violations.
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Kesubos 12b
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When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.
