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When a husband claims his wife was not a virgin (pesach (פסח) pasuch matzasi), what determines whether he is believed? The shiur analyzes the machlokes between Tosafos (תוספות) and Rabbeinu Chananel regarding whether a bogeres has dam besulim, developing how conflicting chazakos create different types of safek.
This shiur delves into a complex sugya in Kesubos 9a regarding pesach (פסח) pasuch matzasi ("I found the opening open") - a husband's claim that his wife was not a virgin at marriage. The discussion centers on the fundamental disagreement between Tosafos (תוספות) and Rabbeinu Chananel concerning whether a bogeres (mature woman past 12.5 years) has dam besulim (hymenal blood). Rabbeinu Chananel maintains that bogeres do not have dam besulim, but their pesach (hymen) is not necessarily pasuch (open). Therefore, if a husband claims pesach pasuch, he is believed, but if he claims there was no blood, he is not believed since most bogeres don't have blood anyway. Tosafos disagrees, arguing that bogeres can be claimed to have pesach pasuch, and they do have dam besulim.
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Kesubos 9a
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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.
