Hot answers tagged lomdus
Rabbi Aqiva Eiger (shu”t #136) says that there are two types of doubt, and each has its own mechanism for birur, for clarification. The case of qavu’ah is one where the reality was once established. So in principle, there is a specific halakhah assigned already to this case. The doubt is in what that halakhah is. In this situation, we do not invoke rules ...
Yes, the statement has Halachis implications. For example: Does a convert who had children before converting need to have more children Yevamos 62a Does a child born before conversion prevent the "first born son" born after the conversion from being considered a first born Yevamos 62a Are brothers from before conversion considered brothers Yevamos 97b ...
The proof essentially functions as a process of elimination: by showing that the alternate explanation is not viable, you demonstrate the validity of the acceptable explanation. Also, if the gemara only gave the correct answer, the reader would never learn how to analyze and reason on his own. "Give a man a fish and you feed him for a day; teach a man to ...
As @Fred basically notes in the comment, the "davar" in the pasuk which requires "al pi shnayim" is the actual event/act itself, not the myriad details and preconditions that enable it (e.g. soklin al hachazaka by incest). Further, it would be hard to apply an anan sahadi to a scenario that does not conform to normal human nature, such as murder.
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