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1) WHO MUST BRING PROOF WHERE THE BLEMISH WAS FOUND

(a) Rejection: That is only 1 Chazakah, and it does not override 2 Chazakos.
(b) Question: If he proves that the blemish was there before engagement, the Chazakah that she was born unblemished does not apply; we are left with the Chazakah that a man does not drink until he checks; we should say, he accepted the blemish!

1. Answer: No, a man does not accept blemishes.

i. There is 1 Chazakah on each side - we leave the money where it is (he does not pay the Kesuvah).

(c) Answer #3 (To question 3:f, 75B - Rav Ashi): The first case, she claims that he owes her father; in the end of the Mishnah, she claims that he owes her.
(d) Question (Rav Acha Brei d'Rav Ika - Beraisa): R. Meir admits regarding blemishes which are fit to come with her from her father's house, that the father must bring proof.

1. She is claiming that he owes her, and still, she must bring proof!

(e) Answer: The Beraisa speaks of blemishes such as an extra finger (which certainly were there before engagement).
(f) Question: If so, what proof can she bring?
(g) Answer: She must prove that the husband accepted the blemish.

(a) (Rav Yehudah citing Shmuel): Reuven traded his cow for Shimon's donkey. Shimon pulled the cow to acquire it; when Reuven went to pull the donkey, he found that it was dead. Shimon must bring a proof that his donkey was alive at the time that he pulled the cow (if not, the sale is void, and he must return the cow).

1. The Mishnah of a Kalah supports this.

(b) Question: To what is he referring?

(c) Answer #1: (The beginning of our Mishnah, a blemish found in a) Kalah in her father's house.
(d) Rejection: This is not similar! There, the father must bring a proof to receive money from the husband; Shmuel says that Shimon must bring proof to keep the cow he is holding!
(e) Answer #2 (R. Aba): (The end of our Mishnah, a) Kalah in her father-in-law's house.
(f) Rejection: This is not similar! There, the husband must bring a proof to weaken the Chazakah of the father; in Shmuel's case, Shimon must bring proof to establish his Chazakah!
(g) Answer #3 (Rav Nachman Bar Yitzchak): A Kalah in her father's house, regarding the engagement money.

1. Not only according to the opinion that engagement money is returned (if the Chasan dies) - but even according to the opinion that engagement money is not returned, that refers to a certain engagement; here, by a mistaken engagement, if the father cannot bring a proof, he must return the money.

(h) Question (Beraisa): A needle was found in the fold of an animal's second stomach. If it protrudes from one side, the animal is Kosher; from both sides, it is Traif.

1. If blood is found on it, it was there before the slaughter; if not, it came after the slaughter.
2. If the wound formed a scab, the needle must have been there 3 days before the slaughter; if not, the one who wants to take money must bring a proof.

i. If the butcher already paid for the animal, he must bring proof to recover his money - according to Shmuel, the owner should have to bring a proof to keep his money!

(i) Answer: The case is, the butcher did not yet pay. (Rather, the owner must bring proof to force the butcher to pay).
(j) Question: Why should we say the Tana only speaks in such a case? (This is left difficult.)
(k) (Rami Bar Yechezkeil): Do not heed what my brother (Rav Yehudah) says in Shmuel's name. Rather, thusly said Shmuel: The burden of proof is on the one in whose domain the doubt arose; the Mishnah of Kalah supports this.
(l) Question (Beraisa): A needle was found in the fold of an animal's second stomach ...

1. If the butcher did not yet pay for the animal, the owner must bring proof to get paid - according to Shmuel, the butcher should have to bring a proof to avoid paying!

(m) Answer: The case is, the butcher paid.
(n) Question: Why should we say the Tana only speaks in such a case?
(o) Answer: People do not give their animals before being paid.
(p) (Mishnah): Chachamim say, this only applies to blemishes in hidden places.