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What distinguishes sfeik sfeika cases that work against chazakah from those that don't? The shiur develops a framework distinguishing combinable safek sfeikas (mere probability, not true rov) from non-combinable ones where no real safek exists. This explains why some sfeik sfeikas work through speculation rather than rov.
This shiur addresses a fundamental question in the mechanics of sfeik sfeika (double doubt): why do some cases work against chazakah while others don't, and what is the true basis of the heter - is it rov or something else? Rabbi Zweig develops a sophisticated analysis distinguishing between different types of sfeik sfeika cases. The shiur begins by examining the apparent contradiction between different Tosafot regarding whether sfeik sfeika can override chazakah. In some cases, Tosafot holds that sfeik sfeika cannot work against cheskas heter, while in our sugya it seems to work against cheskas moment. This requires explanation.
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Kesubos 9b
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When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.
