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What evidence is required to prohibit an adulterous woman to her husband? The shiur analyzes the dispute between Rashi (רש"י) and Tosfos regarding whether you need eidei kiyum (formal witnesses) versus eidei birur (clarifying witnesses), developing a fundamental distinction between creating a defect in the marriage bond versus merely establishing an issur.
This shiur presents a comprehensive analysis of Kesubos 9a, examining the complex question of what type of testimony is required to prohibit an isha she'zansah (adulterous woman) to her husband. The central dispute revolves around Rashi (רש"י)'s position that formal witnesses (eidei kiyum) are required versus Tosfos' view that clarifying witnesses (eidei birur) suffice. The Gemara (גמרא)'s discussion begins with Rav Elazar's statement about pesach (פסח) pasuach (an open entrance) and the question of whether this creates prohibition without proper witness testimony. Rabbi Zweig develops a fundamental distinction between two types of prohibition that can affect a woman who commits adultery. The first is a din that creates a pgam (defect) in the ishus (marriage bond) itself, which requires eidei kiyum - just as creating or dissolving a marriage requires formal witnesses. The second is merely an issur dikedushah (prohibition due to sanctity) that affects the woman's status without fundamentally altering the marriage relationship, which only requires eidei birur.
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Kesubos 9a
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