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How does safek safeka work when one safek is created by smoch miut l'chazakah? Tosafot disagrees whether this constitutes a real safek safeka misapach, with major implications for when a wife can collect her kesuva against competing chazakos.
The shiur provides an in-depth analysis of Tosafot's commentary on Kesubos 9b, focusing on a complex case involving safek safeka (double doubt) regarding a wife's kesuva payment. The central issue revolves around whether a husband is expert in pesach (פסח) pasuach (intact hymen) and the halachic implications when this expertise is in doubt. The Gemara (גמרא) presents a case where there's uncertainty about the husband's expertise, and even if he is expert, there's a further doubt about whether relations were forced or consensual. Tosafot raises several fundamental questions about this safek safeka structure. The Pnei Yehoshua asks why we don't apply the principle that 'mamon ain hochana aharov' - why can a safek safeka overcome the normal rule that money stays where it is.
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Kesubos 9b
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