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How does shavi nafshe chateichat issur work when a husband claims pesach (פסח) pasuach but lacks expertise? The shiur explores the Rashi (רש"י)-Ridvah dispute over whether this principle operates through eidus or personal issur, drawing parallels to the Rosh's framework distinguishing between clarifying facts versus establishing baseline obligations.
The shiur analyzes a complex sugya in Kesubos 9a concerning the principle of shavi nafshe chateichat issur (one who disadvantages himself is believed) in cases of marital disputes. The Gemara (גמרא) presents a case where someone claims 'pesach (פסח) pasuach motzasei' but is not a baki (expert), creating tension between believing his self-incriminating statement and the lack of authoritative knowledge. Rashi (רש"י) and the Ridvah offer fundamentally different approaches to resolving this tension. According to Rashi, even in the maskana (conclusion), the person remains lo kimle (not expert), yet shavi nafshe still applies. This suggests the principle operates outside the realm of eidus (testimony), functioning as a personal din rather than objective fact-finding. The Ridvah, conversely, maintains that kamash melon kimle - ultimately he is considered an expert, keeping the entire discussion within the framework of eidus.
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Why does halacha forbid entering dangerous places if everything happens by Divine decree? The shiur examines the debate between Rashi and Tosfos on traveling at night, developing a fundamental distinction: Rashi holds one must avoid even deserved punishments that Hashem delays through mercy, while Tosfos holds the prohibition addresses self-inflicted harm through free will. This framework reveals how people rationalize self-destructive behavior as "hashgacha."
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Kesubos 9a
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