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When a husband claims pesach (פסח) pasuach (closed hymen found), does he need actual knowledge or is sincere belief sufficient? The Gemara (גמרא) distinguishes between cases where we know he's telling the truth versus where he might be making a mistake. This creates tension with the principle that monetary claims require certainty while ritual prohibitions (shavui nafshei chatich isur) may operate on lower thresholds of knowledge.
The shiur analyzes a complex sugya in Kesubos 9b dealing with a husband's claim of pesach (פסח) pasuach (finding a closed hymen), examining the interplay between monetary law (kesuvah collection) and ritual prohibition. The discussion begins with Tosafos (תוספות)'s position that when there's uncertainty about the husband's expertise in recognizing pesach pasuach, the wife loses her kesuvah because she's the one seeking money from him - the burden of proof lies on the claimant. The Gemara (גמרא) then introduces the principle of 'chazaka ain Torah (תורה) basudei afsida' (there's a presumption that one doesn't squander a festive meal) - since the husband went through with an elaborate wedding, we know he's telling the truth about what he believes, not fabricating to avoid payment. However, this doesn't necessarily make him an expert in pesach pasuach.
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Kesubos 9b
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