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When a wife claims she was raped after erusin and the husband says "lo ki," is he making a bari claim requiring her to swear, or just expressing disbelief (shema)? The Rambam (רמב"ם)'s apparent contradiction between different halachos reveals a fundamental distinction: shevuas eses is only required when the opposing party has direct knowledge of facts, not merely when he considers the claimant untrustworthy.
The shiur analyzes a complex sugya in Kesubos 12b dealing with a case where a woman claims she was raped after erusin (betrothal) but before nisuin (marriage), and her husband responds "lo ki" (it is not so). The central question revolves around whether this constitutes a bari (definitive claim) versus a shema (uncertainty), and the resulting implications for monetary obligations and the requirement for shevuas eses (oath of those who take). Rashi (רש"י)'s interpretation presents difficulties, as does the Tosafos (תוספות) position that "lo ki" doesn't necessarily indicate certainty. The Rambam (רמב"ם) presents what appears to be contradictory rulings: in one place requiring shevuas eses for collection, and in another place not requiring it. This seeming contradiction extends to a comparison with Halacha (הלכה) Tet-Zayin, where a woman claiming to be a besula (virgin) when the husband claims to have found her a beula (non-virgin) must swear to collect the tosefes kesuva.
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Kesubos 12b
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