There's a machlokes between Rav Elchanan (Bava Basra 461) and the Nesivos (75:7) as to whether the deciding factor in a case of Barei ViShema is the claim of Baree or Shema ie: According to R' Elchanan, even if the Shema is Tov, So long as the Baree is Tov, the baree wins. The Nesivos would say the Baree could be good so long that the shema is tov, the shema wins ect.
The Rashba in Ksuvos [12b] D"H Mana Li... seems to say that the deciding factor is the SHEMA. Yet, in Kiddushin on daf 50A D"H Hava Lei LeMaimar Maized... when speaking about how a Migo (actually, a quasi-migo as he says) with a Baree Garue beats a shema, it's mashma that the tayna of BAREE is what makes the difference?
Our Beis Medresh can't figure out the answer, so we figured we'd ask you becuase you'll light our paths to the proper derech in understanding the words of the Rashba.
Thank you very much in advance.
Our Beis Medresh, Queens, NY
The Rashba in Kesuvos says that the deciding factor is the Shema Garu'ah where we say Bari v'Shema Bari Adif. The Rashba in Kidushin explains that the Bari with a Migu is stronger than a Shema. I do not see any inference from the Rashba in Kiddushin that a Bari where there is no Migu is stronger than a Shema due to the strength if the Bari.
I hope this helps you. If not please explain to me your inference from the Rashba in Kidushin.
Dov Freedman