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When can an arusah's testimony about her pregnancy be believed, and why is this considered bediavad? The shiur analyzes the machlokes between Tosafot and Rashi (רש"י) about whether bediavad applies because the child cannot marry anyone, or because extracting the woman from marriage requires certainty of guilt.
The shiur examines a complex sugya in Kesubos 14a dealing with an arusah (betrothed woman) who becomes pregnant and claims the pregnancy is from her arus (betrothed husband). The central question revolves around when her testimony is believed and why this situation is classified as bediavad rather than lechatchila. The Gemara (גמרא) presents a fundamental machlokes about the scope of the case. Some hold that both the woman and child are being judged, while others maintain the focus is solely on the child's status. This disagreement leads to different understandings of why rov rov (majority of majority) testimony can be accepted bediavad.
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Kesubos 14a
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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.
