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Why does Rabbi Gamaliel accept a woman's testimony about yichud but not about shvuya (captivity)? The shiur develops the Rashbam's distinction: by yichud she retains her chezkas kashrus until proven otherwise, but by shvuya the rov goyim prutzim creates a legal presumption of nivala that removes her chazakah from the start.
The shiur analyzes the fundamental dispute between Rabbi Gamaliel and Rabbi Yehoshua regarding a woman's credibility in cases of yichud versus shvuya. The Gemara (גמרא) states that while Rabbi Yehoshua can bring a proof from shvuya to yichud, the reverse doesn't work because 'rov goyim prutzim b'arayos' by gentiles, which doesn't apply to Jews. Rabbi Yehoshua responds 'ein apitrupus l'arayos' - there's no guardian for immorality. Rashi (רש"י)'s interpretation creates a difficulty: if ein apitrupus l'arayos simply means 'you can't say lo niv'ala' (she wasn't violated), how does this constitute a proof from shvuya where we assume there was violation? The shiur resolves this by explaining that Rabbi Yehoshua's position is that once any safek exists regarding yichud, we require proper witnesses (eidim) to resolve the matter of lineage (ma'alos asur b'yuchsin).
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Kesubos 13b
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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.
