I was on my way back from the sea and thinking about Bava Metzia page 97 and Ketuboth page 12 and suddenly it occurred to me what I think is a real problem. In Bava Metzia we say certain and doubt, certain is not better [r nachman and r. yochanan]. It is an argument there, but the law is certain is not better. You could say maybe that is because status of money. {The case there is two people come to court. One says you owe me 50 shekels. The other says I do not know.)} However, in Ketuboth page 12 the Ramban, Rashba and Rabbainu Yona all say when a newly married bride says she was raped after the engagement she is believed in terms of the Ketuba and also, she is permitted to her husband, and there is also status of money working against her. Still, the Gemara brings that the reason she is believed is because certain and doubt, certain is better. And though the Rambam does not permit her to her husband who is a kohen since the sex might have been after the engagement (willingly, or not she is forbidden to him,) still she gets the ketubah.------------------------------------I was on my way back from the sea and thinking about בבא מציעא דף צ''ז ע''ב and כתובות דף י''ב and suddenly it occurred to me what I think is a real problem. In בבא מציעא we say certain and doubt, certain is not better ברי ושמא לאו ברי עדיף. It is an argument there, but the law is certain is not better. You could say maybe that is because יזקת ממנן. {The case there is two people come to court. One says you owe me חמישים shekels. The other says I do not know.)} However, in כתובות י''ב the רמב''ן, רשב''א and רבינו יונה all say when a newly married bride says she was raped after the engagement she is believed in terms of the כתובה and also, she is permitted to her husband, and there is also חזקת ממון working against her. Still, the גמרא brings that the reason she is believed is because certain and doubt, certain is better, ברי ושמא ברי עדיף . And though the רמב''ם does not permit her to her husband who is a כהן since the sex might have been after the engagement (willingly, or not she is forbidden to him,) still she gets the כתובה.------I would like to add here that the distinction of Tosphot of a good doubt and a weak certainty, will not help here because the doubt of the husband is strong, while her certainty is weak. the reason is because she knows he was not there to be able to contradict her claim. Also, status of the body will not help here because if we go by status of the body, that would push the time that she had sex as late as possible and that means it would have been after her engagement. Furthermore, if we go by status of the body that would make the wife of a Israeli also forbidden to him because we would know that that of sex would have been after the engagement and therefore there would be only one doubt, i.e. if it was willingly or against her will. furthermore, the opinion of the Rambam here is confusing to me because on one hand we believe her to give her the ketubah but she is still forbidden to her kohen husband.-------------------I would like to add here that the distinction of תוספות of ברי טוב כנגד שמא חלש עדיף , will not help here because the doubt of the husband is strong, while her certainty is weak. The reason is because she knows he was not there to be able to contradict her claim. Also, חזקת הגוף will not help here because if we go by חזקת הגוף, that would push the time that she had sex as late as possible and that means it would have been after her engagement. Furthermore, if we go by חזקת הגוף that would make the wife of a ישראלי also forbidden to him because we would know that that of sex would have been after the engagement and therefore there would be only one doubt, i.e. if it was willingly or against her will. furthermore, the opinion of the רמב''ם here is confusing to me because on one hand we believe her to give her the כתובה but she is still forbidden to her כהן husband.----on one hand the gemara on page 12 answers this very same question with the fact that she has a migo, she could have said she lost her hymen because of rough play when she was a child. However, the gemara also says the status of a virgin is what gets her the ketubah. That means the status of the body cancels the plea of the husband, and we believe her claim. This goes with Tosphot on page 9 that holds because of status pf the body we push the time of sex to be after she was engaged. however, there it is used as a reason to forbid her to her husband the kohen and also ought to be used to forbid her even to her Israeli husband. And perhaps that is the exact reasoning of the Rambam that she gets the ketubah but is still forbidden to her husband-----------------------on one hand the גמרא on דף י''ב answers this very same question with the fact that she has a migo, she could have said she lost her בתולים because of rough play when she was a child. However, the גמרא also says the חזקת בתולה is what gets her the כתובה. That means the חזקת הגוף cancels the טענה of the husband, and we believe her claim. This goes with תוספות on דף ט' that holds because of חזקת הגוף we push the time of sex to be after she was engaged. However, there it is used as a reason to forbid her to her husband the כהן and also ought to be used to forbid her even to her ישראלי husband. And perhaps that is the exact reasoning of the רמב''ם that she gets the כתובה but is still forbidden to her husband ]