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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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