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Why does the Gemara (גמרא) ask that Rabbi Yehoshua's position on yichud contradicts the principle of "ein oisin al ha-yichud"? The shiur develops Rashi (רש"י)'s approach that Rabbi Yehoshua only forbids when we assume actual improper relations occurred. This leads to a fundamental distinction in the Rambam (רמב"ם) between different types of yichud violations and their respective punishments.
The shiur begins by analyzing the Gemara (גמרא)'s challenge to Rabbi Yehoshua's position on yichud. The Gemara asks why Rabbi Yehoshua would forbid a woman to Kohanim based on yichud when the principle states "ein oisin al ha-yichud" - we don't forbid based on yichud alone. Rabbi Zweig examines Rashi (רש"י)'s interpretation that the Gemara is asking specifically about "ein oisin isha ba'alah" - not forbidding a married woman to her husband based on yichud. According to Rashi's understanding, Rabbi Yehoshua doesn't forbid in cases of ordinary yichud, but only when "mishum yichud machzik lo b'nevelas" - when we assume improper relations actually occurred due to the circumstances of the yichud. This occurs specifically when they were "re'u midabris" - speaking about improper matters, which indicates their immoral intentions.
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Kesubos 13a
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