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What constitutes valid yichud for the purposes of nisuin when witnesses testify there was no actual intimacy? The Gemara (גמרא) explores whether yichud requires certainty of relations or merely the opportunity for them, with Rabba and Rav Ashi disagreeing about mekach ta'os implications.
This shiur analyzes a fundamental sugya in Kesubos 11b-12a concerning the parameters of yichud required to effect nisuin (marriage). The central case involves a woman who enters nisuin but witnesses testify that there was no seclusion (lo nistara) and no intimate relations (lo nivla). The Gemara (גמרא) presents a machlokes between Rabba and Rav Ashi regarding whether this constitutes mekach ta'os. The shiur develops a novel understanding of the Rambam (רמב"ם)'s position on yichud haroy l'bia. According to this interpretation, the Rambam holds that yichud does not require the assumption that relations occurred, but merely that there was an opportunity for intimacy, even if we assume nothing actually happened. This reading explains the Rambam's language 'af al pi shelo nivla' - even though we assume there was no relations, it still constitutes valid yichud for nisuin. The shiur contrasts this with the Ran's understanding, which requires actual certainty of opportunity without the ability to assume relations didn't occur. The analysis extends to explaining how this affects the mekach ta'os question. Rav Ashi maintains that even when witnesses suggest nothing happened, if there was genuine opportunity for relations, the husband cannot claim mekach ta'os since he should have considered this possibility. The discussion includes extensive analysis of what constitutes proper witnesses and the difference between witnesses to circumstances versus witnesses to actual events. The shiur concludes by examining two types of mekach ta'os: complete nullification when the transaction involves entirely different objects, versus the right to rescind when dealing with the same object but different quality. This case falls into the latter category, where the marriage is valid but potentially rescindable.
Kesubos 11b-12a
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