there is: Is he בקי or not? Even if he is בקי, and it is a פצוע דכא, so he says make it מתהפך. Can we start the other way? Maybe it's מתהפך, it's like when we start talking about it we have to establish he knows. So you can't start. So why did he...? So obviously Tosafot holds that even there you say it, Tosafot Yeshanim I mean, holds that even there it has to be a מתהפך. Would that mean that this first person was asked...? So in this case of ours, the first case also will hold. But one thing is interesting: Tosafot Yeshanim over there says it on Tosafot. Tosafot doesn't. Tosafot mentions the safek sfeika, and doesn't say that the problem is it's not מתהפך. So Tosafot holds that in a case like this it doesn't have to be מתהפך. That's why Tosafot doesn't say anything there. Tosafot Yeshanim holds that even in this case has to be מתהפך, that's why Tosafot says it there. The only thing that's left, which I'm not going to, is why didn't the Tosafot Yeshanim say it on this Tosafot? They were just different people, the Tosafot? Yeah, Yeshanim is different people. So Tosafot take said here safek sfeika and said here safek sfeika, and didn't mention מתהפך in both cases. But Tosafot Yeshanim argues, he says it's still safek sfeika because he always, obviously like the first way. The only thing is, why did Tosafot Yeshanim comment on this Tosafot? On the kushya of Tosafot over there? Okay. If you have another safek, don't you don't have... you only

have two sfeikot? No, you have to say... One is not a safek anymore. Why not a safek? It's strong against the weak. That's right! So the din is that the strong wins. But it's still... but it's not a safek. You know, you have a safek, but it's a strong safek against a weak. The stronger one wins over the, over the, the weak one. The weak one is the issur, the strong one is the heter, that's why it's mutar. Case dismissed. But now comes another safek and you can have safek if you don't have another... We had already the other safek. Yeah. We had the other safek. We had ספק אונס, ספק רצון. And the ones is the heter, ratzon is issur. But the ratzon is not necessarily asur, because it could be ratzon and still be mutar. So it's not necessarily a real safek, a strong safek. So it's not the טעם רוב, the halacha of rov. It's a different vort. The other way, the Shav Shema'tata learns it's a halacha of rov. That just like you have rov, people what most people do or most things are there, you have רוב סברות. Safek means it's a sevara like this like maybe like this, maybe like this. So you have רוב סברות, it's a din of rov. I'm to say the other way, it's not a din of rov. Did he particularly say there's a question on the first case, but the very fact of bringing it up now is the question? Maybe. Maybe. I mean, that's it's a possibility. It's a possibility. But usually, usually what would happen is he would say it in the first, doesn't have to say in the second. But to say in the second, not in the first, is not common. But it's possible, it's nisht a... Well, if it's different if it's different authors, and... No, the Tosafos Yeshanim himself, the same author of the Tosafos Yeshanim on עמוד ב',

why didn't he comment on עמוד א', say on Tosafos that it's not a safek sfeika? Why did he wait until the other safek sfeika? Tosafos Yeshanim is totally separate. I mean, you you have you have Tosafos and Tosafos Yeshanim on עמוד ב'? Tosafos, Tosafos Yeshanim, nothing else. That's that what they call ישן, old. Old Tosafos. It's on yes, printed on the side, little words. If you take a look here, tiny, tiny letters here on the side, that's Tosafos Yeshanim, it says there. Who wrote what? Who...? Baalei Tosafos. There they have no names, they're all Baalei Tosafos. So they would have been... Yeah, yeah, yeah, yeah. It's written on Tosafos. Because it have to be on later... No, it's written, yeah, on this, he says ויש אומרים, ויש לומר, תוספות ישנים. I thought ישנים were the... you know, עמודי עולם. Hey, no. You call it they really call it ישנים because they found it in like in old manuscripts, so they called it ישן, old כתב they found. So there were Baalei Tosafot who were reading the other Tosafot and they they wrote on it? Yeah, yeah, yeah. And the Rambam had these close books when he... Rambam was in different country. So he didn't... Tosafot brings the Rambam in one place in Shas, Arakhin. Did the Rambam... In that, the self word: Rabbeinu Moshe ben Maimon, which is a פלא because the Rambam was in Egypt and they were in in Germany and France. You said here or or Fischer's father, I don't recall. When, when, lately? If it was lately, then it wasn't me. A long, long time ago? So maybe it was me, yeah, because I I don't remember now this offhand where it is, but Tosafot brings. It says like this...

Rambam never saw this... No, no. They bring they bring the Rambam, I mean. Like Rashi ever saw The Rambam and the Rashi were more or less the same time. The Rambam was a little bit later, but not much. That and the and the Baalei Tosafot are mostly Rashi's grandchildren. How come they just don't even mention with, no, a possibility of... hurt herself, or accident? That's what we're talking about, מוכת עץ, no? That's the kushya of תוספות, מוכת עץ. But the answer is that she would have said Tosafot's answer is that she would have said so. That's not a safek, because if it would have been true, she would have said so. And there's is there other ways to... No, there aren't. Could be born without a... That's like מוכת עץ. That's all, all... Self-inflicted? That's like מוכת עץ. That's like מוכת עץ. It's the same idea. [Non-speech audio] [Non-speech audio] [Non-speech audio] Yes.