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How does sfeik sfeika work when there's rov that he's boki in pesach (פסח) pasuach? Tosfos holds that even with rov boki, if she has a chezkas heter, we say smoch miyut l'chazakah which weakens the rov to function halachically as a safek. This creates a unique sfeik sfeika where the first 'safek' is really a rov that can't be used to assur.
This shiur addresses profound questions raised by the Gedolei HaChachmim including the Kivengir, Pnei Yehoshua, and Marsha on a complex Gemara (גמרא) in Kesubos 9b dealing with pesach (פסח) pasuach (torn hymen) testimony. The central issue revolves around the mechanics of sfeik sfeika when there's a rov (majority) that men are boki (expert) in pesach pasuach versus the woman's chezkas heter. The Marsha asks a fundamental question: why does Tosfos invoke chezkas heter rather than simply applying sfeik sfeika? He suggests this indicates Tosfos is discussing cases beyond the Gemara's scope, such as a woman who is both prusmei bas gimel (definitely not a virgin) and eishes kohen (where even ones would be forbidden). The shiur challenges this reading as forcing Tosfos to discuss unrelated scenarios.
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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 9b
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