In the event that, just after he’d divorced her, she accepted kiddushin out of another son otherwise she died or the guy just who falsely implicated their is actually a beneficial priest just who you are going to maybe not take back their divorced partner, they are flogged (ibid. This situation while the parallel circumstances toward rapist hold just when there is no ban, also good rabbinic prohibition, to allow them to end up being hitched. The duty in order to wed are offset because of the prohibition are uses this possibility to divorce because the woman could possibly perhaps not desire to be married so you’re able to the woman not the case accuser (ibid. The method for a claim away from non-virginity is as pursue: very first, the guy accuses their maiden spouse, at the courtroom, off not being good virgin, their claim are according to the proven fact that the guy don’t see her hymen intact and therefore upon research it had been found you to definitely she got sexual affairs which have other man, in which he provides witnesses so you can attest to that.
Not the case testimony from witnesses concerning new betrothed women’s intimate affairs means they are liable to financial support abuse, given that she’d was met with the allege started real (ibid
When your father brings witnesses whom demonstrate that the fresh new witnesses out of new spouse is sleeping, the new untrue witnesses is stoned plus the partner are flogged and you can have to offer one hundred sela into the dad. In case the partner subsequently will bring witnesses that show that the dad’s witnesses was in fact sleeping, those people witnesses in addition to lady try stoned (ibid. In the event that, not, his claim are seen to be true, in the event the woman is now a great bogeret, she’s stoned because she the full time adultery if you find yourself she try a good na’ara (ibid.
The fresh not the case accuser of any maiden who’s ineligible into good of the seducer or the rapist is also excused of the fresh okay getting false accusation of virginity. If an altered Samaritan girl or a servant was in fact freed in the less than the age of three-years, even when the mom provided birth because the an excellent Jew, the fresh false accuser regarding virginity are excused in the fine and you will throughout the flogging because both the conception and also the beginning must end up being to your mom given that good Jew, according to the verse when you look at the Deuteronomy , “a virgin of Israel” (ibid.
When the one betrothed good maiden, divorced the lady and you may remarried her then implicated the woman from not getting a good virgin and you can brought witnesses one she got sexual relations within the earliest betrothal and it was unearthed that this new witnesses was not true, the man isn’t flogged. Likewise, in the event the the guy did Levirate matrimony into Brand new widow out of a great childless guy whoever sis ( yavam otherwise levir) try obligated to elizabeth (Deut. 25:5 yevamah , who had been following accused regarding cheating if you are partnered on the man’s aunt and lead witnesses who were found to be not the case, he is nevertheless exempt regarding flogging and in the good and whoever is excused regarding good otherwise about flogging can get divorce proceedings the woman (ibid. 3:9).
When the she is a good bogeret in the course of his accusation, although the guy brings witnesses one she had sexual connections if you are she was a good na’ara, he could be exempt from both flogging and the okay
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 Fort Lauderdale escort sites 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).