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Can valid lineage (yichus) be established through probability (rov) or only through certainty (vadai)? The shiur develops that ma'alos hayuchsin requires vadai proof - you cannot create a Kohen through rov alone. This explains why chazakah works better than rov for yichus: chazakah preserves an existing vadai status, while rov only creates probability.
This shiur examines a complex sugya in Kesubos 13b dealing with the fundamental question of how Jewish lineage (yichus) can be established, particularly regarding Kohanim. The central issue revolves around whether lineage can be created through rov (majority/probability) or requires vadai (certainty). The Gemara (גמרא) discusses a case where a woman claims her child is from a particular man. Rabbi Yehoshua says if he admits it (chad da kamoida), the child's status is established. However, the shiur analyzes the tension between this and other halachic principles regarding yichus.
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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.
