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When do conflicting chazakos combine to create tartei reisa? The Kesef Mishneh suggests they only combine when dealing with tools or instruments that lack inherent din, not when resolving the status of entities themselves. This yesod explains why certain cases allow tartei reisa while our sugya may not.
The shiur examines a fundamental question in the mechanics of chazakos: when can conflicting presumptions combine to create tartei reisa (two reasons supporting the same conclusion)? The discussion centers on Kesubos 9a and the case of a woman whose virginity status affects her permissibility to marry a kohen. The Gemara (גמרא) presents a safek: was this woman's loss of virginity before or after her marriage? Chezkas haguf (presumption about bodily state) suggests it happened later, while harei beulah lefanecha (the fact of her current non-virgin state) combined with chezkas heter lakehuna (presumption of permissibility to kohen) might support that it happened earlier through tartei reisa.
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Kesubos 9a
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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.
