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Why would Rav Gamaliel's principle accepting a woman's testimony need additional rov kasher support? The shiur explores whether different types of chazakos - cheskas tzadekes versus cheskas kashrus - create different evidentiary requirements. The analysis shows how bedieved isn't about tragedy but about overturning established psak.
The shiur analyzes a complex sugya in Kesubos 30b dealing with the interplay between a woman's testimony (bari), Rav Gamaliel's halachic position, and the requirement for rov kasher. The central question is why the Gemara (גמרא) would require additional supporting evidence (rov kasher) when Rav Gamaliel already accepts her testimony as reliable. Rabbi Zweig addresses several fundamental problems in understanding this Gemara, working through the commentaries of Rashi (רש"י), Tosafos (תוספות), and the Rosh. The shiur begins by examining the apparent contradiction: if Rav Gamaliel holds that we accept her bari (clear testimony), why would we need rov kasher as additional support? The Gemara states that without the husband's admission (lo modeh), we still follow Rav Gamaliel, but Abaye adds that if the husband doesn't admit, Rav Gamaliel would be machshir (validate her). However, the requirement for rov kasher seems to undermine this position.
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Kesubos 30b
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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.
