In the event that, shortly after he had separated the lady, she approved kiddushin of a special guy or she died or the man exactly who incorrectly implicated the lady try an effective priest which you’ll maybe not get back their separated spouse, they are flogged (ibid. This situation and synchronous circumstances into the rapist keep just if you have zero ban, actually a great rabbinic ban, so they are able be partnered. The obligation so you can wed was offset by prohibition is spends it opportunity to divorce proceedings because the lady may actually not desire to be partnered to their not true accuser (ibid. The procedure having a state from non-virginity is as employs: 1st, the person accuses their maiden girlfriend, at the legal, of not-being an effective virgin, their claim getting according to the simple fact that he didn’t find the woman hymen undamaged and that through to analysis it actually was found one to she got intimate relations that have several other kid, in which he enjoys witnesses to help you attest to that.
Incorrect testimony from witnesses in regard to the fresh betrothed women’s sexual relationships means they are liable to money punishment, while the she would was basically met ferzu app with the claim started true (ibid
In case your father brings witnesses which show that the new witnesses out of the new spouse is sleeping, the new not true witnesses are stoned additionally the spouse try flogged and have to render one hundred sela for the dad. If your husband then provides witnesses that demonstrate the father’s witnesses was indeed lying, those people witnesses while the woman try stoned (ibid. When the, not, their allege is actually seen to be correct, even when this woman is today an excellent bogeret, she’s stoned since she committed adultery if you are she is an excellent na’ara (ibid.
The fresh new false accuser of any maiden who is ineligible towards okay of one’s seducer or the rapist is also excused out of the brand new great getting incorrect accusation off virginity. In the event the an altered Samaritan lady otherwise a servant was indeed freed in the lower than the age of 3 years, even if the mother provided birth given that an excellent Jew, this new untrue accuser off virginity are exempt in the fine and you will on flogging while the the conception and also the delivery have to feel for the mommy due to the fact a great Jew, in accordance with the verse in Deuteronomy , “an excellent virgin off Israel” (ibid.
When the men betrothed an effective maiden, divorced their and you will remarried the woman and accused the lady off perhaps not being a great virgin and produced witnesses you to she got sexual relations for the first betrothal and it try discovered that the fresh witnesses was indeed untrue, the man is not flogged. Likewise, if he did Levirate marriage to the The newest widow out of a beneficial childless child whoever brother ( yavam or levir) is forced to elizabeth (Deut. 25:5 yevamah , who was simply after that implicated out of infidelity if you’re hitched for the man’s sibling and you will delivered witnesses who had been seen to be incorrect, they are however excused about flogging and on the great and you can anybody who is actually exempt about fine or on flogging may splitting up their (ibid. 3:9).
If she actually is a good bogeret in the course of his accusation, even in the event he will bring witnesses you to definitely she had intimate interactions if you’re she is actually a beneficial na’ara, he could be exempt of both flogging as well as the good
It should be noted that the claim of not finding the woman to be a virgin is not simple from a physiological point of view. Some women do not have a hymen and sometimes the blood supply to the hymen is minimal, which results in very little blood available to be shown as evidence of virginity. The two signs given in the Shulhan Arukh (E.H. 68:3) for the virgin: blood flowing after the first act of intercourse and the pressure needed for penetration, are not necessarily universal and are quite subjective. The fact that adult men were marrying pubescent girls or girls just prior to puberty makes it more likely that the so-called proof of virginity was actually evidence of a vaginal tear because sufficient hormonal stimulation to the vaginal mucosa was not yet available to allow vaginal expansion during arousal to accommodate penetration without injury. It is also very likely that there were cultural aspects to virginity that added to the proof of virginity (e.g. cries of pain). Moreover, there is also a long history of deception in regard to virginity, including using the blood of an animal on the bedding. The high premium placed on virginity, the expectation of sexual exclusivity, and a tendency toward segregation between the sexes highlighted this topic. In order to make a claim that the girl was not a virgin, vaginal intercourse was obligatory and the man who had non-coital relations with his spouse and nevertheless brought a claim of non-virginity was exempt from the payment of the fine but was flogged (ibid. 3:10). 3:11). The laws sumply clear that the woman is disadvantaged in claims against her of non-virginity, that not all virgins are eligible for the legal category of virginity for which they can be compensated or are liable to capital punishment, and that false testimony could exempt the man from payment of false claims of non-virginity. If a woman was married on the presumption that she was a virgin but was found not to be, she forfeits her ketubbah. If an adult man had intercourse with a girl under the age of three years and a day, the girl retains her legal status as a virgin. If an adult woman had intercourse with a boy under the age of nine years and a day, she is also considered a virgin. An injury to the hymen made by a piece of wood (a picket fence injury) causes loss of the status of virginity, according to the Sages (Ketubbot 1:3).