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KESUVOS 13

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BRIEF INSIGHT

BARI AND SHEMA
 
If the wife claims that she was a Mukas Etz and the husband claims that she was Mezanah, Raban Gamliel and Rebbi Eliezer say that she is believed. Rebbi Yehoshua says that the husband is believed and it is regarded as a Mekach Ta'us. Even according to Rebbi Yehoshua, the husband is believed only if his claim is Bari (definite) and he claims that he is certain that she was not a Besulah. However, if the wife claims that she was a Mukas Etz and the husband claims only that perhaps she was Mezanah, since his claim is uncertain he is not believed and the woman is regarded as a Mukas Etz, and she is permitted to her husband even if he is a Kohen. (Shiltei Giborim)

QUICK HALACHAH

MUKAS ETZ
 
If we witness a single girl have relations and the Bo'el is no longer present, and we ask her who the Bo'el is and she says that he is a Kosher man, she is believed. Moreover, even if we see that she is pregnant and we ask her who the father is and she says that he is a Kosher man, she is believed, and both she and her daughter are permitted to a Kohen. (Shulchan Aruch EH 6:7)

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