Masechet Ketuvot 9a: he claims he found a פתח פתוח, is he believed to establish that he can no longer have a relationship with her

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June 08 2016
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54min 7s
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Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:
Halacha:

Collections: R' Berzon Ketuvot 2015

References: Ketuvot: 9a  

Description

One of the famous and Halachically fundamental sugyos in shas is here in Masechet Ketuvot 9a in the case where he claims he found a פתח פתוח. Is he believed to establish that she is אסורה עליו, i.e. he can no longer have a relationship with her? The obvious answer is ספק ספיקא, this is a double Safek. In what scenarios can we drop one of the two ספיקות? Even so, do we assume that he is believed as far as himself, i.e. שויא אנפשיה, nevertheless, do we assume that he has the expertise to recognize a פתח פתוח? We will analyze the definition of a ספק ספיקא as well as the question of a relationship with a קטנה which is classified as אונס. At the end of the shiur we will introduce the issue of Dovid & Batsheva.

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