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When a husband claims his wife was not a virgin but she says she was raped after their engagement, who is believed? The shiur develops how this dispute depends on presumptions about when the violation occurred and explores why she remains permitted to her husband according to both opinions.
This shiur analyzes a fundamental dispute in Kesubos 11a between Rabbi Gamaliel and Rabbi Yehoshua regarding a woman's credibility when she claims to have been raped. The case involves a husband who claims his wife was not a virgin, and she responds that she was raped after their engagement (erusin). Rabbi Gamaliel believes her and she retains her full kesubah, while Rabbi Yehoshua does not believe her and reduces her kesubah payment. The central question the shiur addresses is why the Mishna states that according to Rabbi Yehoshua, we assume the violation occurred before the engagement ("harezu b'chezkas she'nivlah lif'tachos"). Rabbi Zweig questions why this legal presumption is necessary when Rabbi Yehoshua could simply say she is not believed ("einah ne'emenes").
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Kesubos 11a
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