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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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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.
