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When does the principle of "smach miyut lapalga" (join the minority to the majority) apply in sfeik sfeika cases? Tosfos holds that rov rotzen eliminates true sfeik sfeika, but the Rivosh challenges this with a parallel case from Yevamos. The shiur explores whether statistical safek differs from halachic safek in determining when minorities can be combined.
This advanced Gemara (גמרא) shiur analyzes a complex Tosfos in Kesubos 9a regarding the mechanics of sfeik sfeika and when the principle of "smach miyut lapalga" applies. The shiur begins by reviewing the previous day's analysis of Tosfos, establishing that Tosfos must hold there are two different types of mater (permitted status) - one where the woman was mezanah but not during kidushin (lav tachtov), and another where even if it was during kidushin, it was through force (onis). Rabbi Zweig presents the Kiveger's alternative explanation that Tosfos is not discussing sfeik sfeika at all, but rather arguing that if you start with safek onis/safek rotzen (willing), you cannot then apply sfeik sfeika because if it was willing, it couldn't involve a minor (katana). This creates an internal contradiction that prevents the double doubt from functioning.
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Why does halacha forbid entering dangerous places if everything happens by Divine decree? The shiur examines the debate between Rashi and Tosfos on traveling at night, developing a fundamental distinction: Rashi holds one must avoid even deserved punishments that Hashem delays through mercy, while Tosfos holds the prohibition addresses self-inflicted harm through free will. This framework reveals how people rationalize self-destructive behavior as "hashgacha."
Why does the Gemara praise hospitality to scholars as a unique mitzvah rather than ordinary hachnasas orchim? The shiur distinguishes two mitzvahs: hachnasas orchim (providing for those in need) and connecting to talmidei chachamim (cleaving to God through scholars). Yisro's meal for the Jewish leaders wasn't charity—it was his way of bonding with those transformed by Torah, teaching that learning must fundamentally change who we are.
Kesubos 9a
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