The bet din discusses their testimony just in case it is receive becoming correct, the lady is stoned

The bet din discusses their testimony just in case it is receive becoming correct, the lady is stoned

In the event the, immediately after he had separated the girl, she accepted kiddushin off an alternative boy otherwise she passed away or the guy who wrongly accused the girl is good priest which you are going to maybe not get back their divorced wife, he is flogged (ibid. This case and the parallel circumstances toward rapist hold simply if there is no ban, actually a good rabbinic ban, so they are able getting married. The responsibility so you can wed try offset because of the prohibition as spends which opportunity to divorce or separation due to the fact lady might actually perhaps not desire to be married so you can the girl untrue accuser (ibid. The method getting a state from low-virginity can be as comes after: initially, the man accuses their maiden girlfriend, at courtroom, of not-being good virgin, his claim being in line with the fact that the guy don’t see the lady hymen undamaged hence abreast of investigation it absolutely was discovered one flirt Log in she had intimate interactions that have some other son, and then he has actually witnesses so you’re able to attest to that.

False testimony from witnesses concerning the brand new betrothed girl’s intimate connections means they are liable to financial support discipline, due to the fact she would was indeed encountered the allege already been real (ibid

In case your father brings witnesses who reveal that the newest witnesses out-of the new spouse are lying, the new not the case witnesses try stoned together with spouse is flogged and you will have to offer a hundred sela into father. In the event the husband next brings witnesses that demonstrate the dad’s witnesses was basically lying, those individuals witnesses and girl try stoned (ibid. When the, not, their claim is found to be true, even if the woman is now good bogeret, she’s stoned as she the amount of time adultery if you’re she is a great na’ara (ibid.

New untrue accuser of every maiden who is ineligible on great of the seducer and/or rapist is even excused away from brand new great having untrue accusation out-of virginity. In the event the a converted Samaritan woman or a slave was freed within less than the age of 36 months, even when the mom gave birth just like the an excellent Jew, this new false accuser off virginity was exempt from the okay and you can in the flogging because the both the conception and delivery have to be into mommy because an excellent Jew, based on the verse in Deuteronomy , “good virgin out-of Israel” (ibid.

When the one betrothed a good maiden, separated her and remarried the girl after which implicated this lady out of not are a good virgin and lead witnesses you to she had sexual relations in the first betrothal also it are discovered that new witnesses were not the case, the guy is not flogged. Also, if he performed Levirate marriage to the Brand new widow off a childless man whoever brother ( yavam or levir) are compelled to age (Deut. 25:5 yevamah , who was up coming implicated of infidelity whenever you are hitched to your people’s sis and you will delivered witnesses have been discovered to be untrue, he is however excused in the flogging and you will from the fine and anybody who was exempt about fine or from the flogging get separation this lady (ibid. 3:9).

If this woman is good bogeret during the time of his accusation, even in the event the guy will bring witnesses one she had intimate connections while she is actually a great na’ara, he could be excused away from both flogging plus 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).