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How does borei v'shem testimony interact with chazakah to allow extracting money from a muchzik? The shiur develops that a ketubah transforms the husband from a muchzik into a tafus, making this a gezeilah question rather than a chiyuv question. This framework resolves contradictions between this sugya and other Talmudic passages.
This shiur provides an in-depth analysis of Kesubos 12b, focusing on the fundamental tension between the principle of borei v'shem lav borei yodeif (one who knows vs. one who doesn't know - the one who knows doesn't win) and our sugya where a woman can extract her ketubah payment through borei v'shem combined with either migo or chazakah. The shiur begins by examining the Mishna's case where a woman claims 'mishesheitani nesasi' (when you married me I was already married), and the dispute between Rabban Gamliel (who believes her) and Rabbi Yehuda (who doesn't). Rabbi Zweig presents several major kashos from Rishonim. The Rabbeinu Yonah's question involves a contradiction with daf 9's ruling about chutzvi bas gimel cases, where similar borei v'shem testimony should work. The Rosh challenges this, arguing that our case involves borei garuah vs. shem tov (weak knowledge vs. good testimony), unlike the equal-standing case on daf 9. The Mordechai's kasha addresses why migo l'hotzi (migo to extract money) works here when generally mamon ein holchin achar rov (in monetary matters we don't follow majority). The Shach questions this proof since our case involves a ketubah (document). The Tosafos (תוספות) Rid asks about an apparent contradiction with Bava Kamma 46a regarding shor shenagach haparah cases.
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Kesubos 12b
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