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What makes a pesach (פסח) pasuch case qualify as sfeik sfeika? The shiur argues that sfeik sfeika isn't about resolving doubts through statistics, but about avoiding speculation entirely. When you need two assumptions to create a halachic problem, that's speculation—not a legitimate safek requiring stringency.
This deep analysis of Tosafos (תוספות) in Kesubos 9a explores the fundamental nature of sfeik sfeika in cases of pesach (פסח) pasuch (non-virginity found in a married woman). The shiur begins by examining Tosafos's famous question: if we assume most women who engage in relations do so willingly (rov rotzen), and we can use the legal presumption (chezkas heter) to assume it didn't happen during marriage (tachas), then why do we need sfeik sfeika at all? The Pnei Yeshua's answer—that chezkas haguf tells us it happened after age twelve when rov rotzen applies—creates further difficulties, as it seems to eliminate one of the required doubts for sfeik sfeika. Rabbi Zweig develops a novel approach to understanding sfeik sfeika that resolves these contradictions. Rather than viewing sfeik sfeika as a statistical calculation or method of resolving doubts, he argues it represents a fundamental halachic principle: we are not required to engage in speculation. When establishing a prohibition requires making two separate assumptions, that constitutes speculation rather than a legitimate safek. The Torah (תורה) obligates stringency for genuine doubts but not for fishing expeditions.
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Kesubos 9a
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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.
