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How does eid echad betumah work after kinui and stira? The shiur explores whether sotah requires eidus on the actual ma'aseh bia or whether eidus on tumah (signs of impropriety) suffices. Rashi (רש"י) and Tosfos disagree on whether pesach (פסח) pasuach works as eidei kilum or creates a hochacha of bia.
The shiur presents a detailed analysis of the Gemara (גמרא) Kesubos 9a, specifically examining the machlokes between Rashi (רש"י) and Tosfos regarding the nature of eidus required by sotah. The Gemara's discussion centers on whether ein isha nesara la'baalah ela b'kinui v'stira - that a woman only becomes forbidden to her husband through warning and seclusion - requires actual eidei kilum (witnesses to the act itself) or whether other forms of testimony suffice. The Rajbaz raises fundamental questions about the Gemara's lengthy discussion, asking why the Gemara needs such elaborate argumentation if the only innovation is that eidim are acceptable. According to Rashi's interpretation, the Gemara initially assumes that even with eidim present, kinui v'stira is required, establishing this as a separate halachic requirement beyond mere testimony. However, the Gemara challenges this by asking why pesach (פסח) pasuach wouldn't be equivalent to two witnesses if eidim are generally acceptable.
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Kesubos 9a
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