Neeman L'Hafsidah Kesubasah - Resolving Beis Yaakov's Question

This shiur addresses a fundamental question raised by the Beis Yaakov regarding an apparent contradiction in the Gemara (גמרא)'s treatment of monetary disputes involving uncertainty. The Gemara previously established that when there is doubt about whether someone is expert (baki) in the laws of pesach (פסח) pesulah, a woman cannot collect her kesubah because of the principle that one cannot extract money based on uncertainty (ein motzi mamon b'safek). However, in the case of Yehuda, even when the husband claims pesach besulah and appears credible, the woman still collects her kesubah. The shiur carefully analyzes Rashi (רש"י)'s interpretation, focusing on the key phrase 'd'amrinan' (we say). Rashi explains that in Yehuda, where couples were accustomed to seclude themselves (miyachad) during erusin, we operate under the assumption that intimate relations occurred. This is not merely a probability calculation but reflects our understanding of human nature in such circumstances - similar to the Talmudic principle of 'fire and flax' (esh b'neoret) which assumes certain outcomes from predictable situations.