[Avodah] Having a boyfriend equivalent to being married?

[Micha Berger]

On Mon, December 17, 2007 7:52 pm, Rn Chana Luntz wrote:
: A chazaka in general is a rebuttable presumption.  That is, we assume
: something, usually about an existing status continuing, if we do not
: have the information to know to the contrary....

That is a chazaqah demei'ikarah, which is different in kind than our
case, a chazaqah disvara. The former is a presumption that nothing
changed until the moment a change was observed, the latter is a rule
of nature or rule of thumb. The example of a distinction I posted
yesterday (which was still more recent than RnCL's post) was a chiluq
made by the Sheiv Shmaatesa, that a CdS is not asserted where there
are eidim, even in a case like terei uterei where the eidus still
leaves you with a safeiq. However, for a CdM, we would assume nothing
changed even where two of the eidim claim it did.

That said, I think that RYBS's position inclines us to say that
neither kind of chazaqah is a form of rov. And thus he could still say
tav lemeisav is a law of human nature, even if that law might come
into play rarely because of the prevalence of other laws. Or, it could
be that he insists that tav lemeisav is true even in rov women today,
and the women who think otherwise are just in denial.

The notion that chazaqah holds even when the circumstance it describes
is a mi'ut can be supported by a case in Chullin. Lechat-chilah, the
chalaf should be inspected before every shechitah. Bedi'eved, if it is
found kosher in one check and pasul much later, every animal shechted
until the failed inspection is kosher. Even if someone use the knife
to hack a bone, we do not assume the nick came from the bone. I would
presume, though, that rov cases such a knife would have been nicked by
the bone and not the very end of the last siman cut.

SheTir'u baTov!
-micha

-- 
Micha Berger             One who kills his inclination is as though he
micha at aishdas.org        brought an offering. But to bring an offering,
http://www.aishdas.org   you must know where to slaughter and what
Fax: (270) 514-1507      parts to offer.        - R' Simcha Zissel Ziv