Ketubot 16 - July 22, 23 Tamuz
JUL 22, 2022
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There is a case where Rabbi Yehoshua agrees with Rabban Gamliel - if one is in possession of land and says to the other claimant, "It was your father's but I purchased it from him," the claim is accepted, as "the mouth that forbade (admitted that it belonged to the other) is the mouth that permitted (but I purchased it)." This is true only if there were no witnesses attesting to the fact that it originally belonged to his father. In the first case in the Mishna, regarding a woman whose ketuba is lost and she claims she was a virgin and should get 200 zuz and the husband claims she was not and only gets 100, the ruling is that only is she brings witnesses, can we accept her claim. Is this not according to Rabban Gamliel or would he agree with Rabbi Yehoshua in this case? Can one prove from the language of the second case "Rabbi Yehoshua admits" that in the first case, Rabban Gamliel agreed with Rabbi Yehoshua? No! As that language is referring back to the previous chapter. To which case in the previous chapter? Why does Rabbi Yehoshua agree in our Mishna that since there is a migo (since a better claim could have been made and it wasn't, it is likely they are telling the truth), we can accept the claim, but in the case in Chapter One, he does not accept a migo claim? If we assume that most women are virgins, why do we need witnesses? If her ketuba is lost, why aren't we concerned that she is claiming her ketuba for the second time after she already collected it in a court earlier and now is lying that her ketuba is lost? Two answers are given. What were other customs that were practiced at the wedding of a virgin?

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