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When can you create a halachic reality using chazakah when there are conflicting chazakahs? The shiur develops a yesod from Tosafos (תוספות) that if something's entire purpose is only to overcome another chazakah (like para adumah or mikvah), you cannot create it with chazakah since that would be circular reasoning.
The shiur begins by analyzing the difficult position of Kiveger's kashya regarding tatlareisa - when you have conflicting chazakahs (cheskas haguf vs cheskas heter lakohen vs harei beulah lefanecha), why doesn't the principle of two against one apply? The Pnei Yeshuah's answer that cheskas haguf knocks off the other two chazakahs is set aside to focus on understanding when chazakah can create versus extend a halachic reality. The main analysis centers on Tosafos (תוספות)'s discussion of para adumah. The Gemara (גמרא) derives that we follow rov (majority) from para adumah - since most animals aren't treifah, we assume the para adumah is kosher. Tosafos asks: why not derive this from chazakah instead? A para adumah must be two years old, and since treifah animals cannot live beyond one year, we know it was born wholesome. Tosafos answers: 'Adraba, hen mitamei achas koso' - you have a conflicting chezkas tumah.
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Why does halacha forbid entering dangerous places if everything happens by Divine decree? The shiur examines the debate between Rashi and Tosfos on traveling at night, developing a fundamental distinction: Rashi holds one must avoid even deserved punishments that Hashem delays through mercy, while Tosfos holds the prohibition addresses self-inflicted harm through free will. This framework reveals how people rationalize self-destructive behavior as "hashgacha."
Why does the Gemara praise hospitality to scholars as a unique mitzvah rather than ordinary hachnasas orchim? The shiur distinguishes two mitzvahs: hachnasas orchim (providing for those in need) and connecting to talmidei chachamim (cleaving to God through scholars). Yisro's meal for the Jewish leaders wasn't charity—it was his way of bonding with those transformed by Torah, teaching that learning must fundamentally change who we are.
Kesubos 9a
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