In the event that, shortly after he previously divorced the lady, she accepted kiddushin out of another kid otherwise she passed away or the guy whom incorrectly implicated this lady is actually a priest who you may not take back his separated girlfriend, they are flogged (ibid. This example therefore the synchronous case on rapist hold simply if there’s no ban, actually a beneficial rabbinic http://datingmentor.org/gay-hookup-apps/ ban, for them to feel partnered. The obligation so you’re able to wed was counterbalance by prohibition are spends so it chance to separation and divorce given that lady could possibly perhaps not want to be married to the woman untrue accuser (ibid. The procedure to have a declare from non-virginity is really as comes after: 1st, the person accuses their maiden partner, from the courtroom, of not a good virgin, their allege are based on the fact that the guy did not come across their hymen intact and therefore abreast of research it actually was receive you to she had intimate relationships having some other guy, and he enjoys witnesses in order to attest to that.
Untrue testimony regarding witnesses concerning the newest betrothed girl’s sexual relations makes them prone to investment punishment, as she’d was in fact had the claim become real (ibid
In case your dad brings witnesses whom reveal that the new witnesses off the newest spouse was lying, the newest incorrect witnesses are stoned therefore the partner try flogged and you may must bring a hundred sela to the father. In the event the partner next will bring witnesses that show that dad’s witnesses was indeed sleeping, the individuals witnesses and the lady is actually stoned (ibid. When the, although not, his claim are seen to be genuine, whether or not the woman is now a beneficial bogeret, she’s stoned as the she the full time adultery when you’re she are an excellent na’ara (ibid.
New untrue accuser of any maiden who is ineligible on okay of your own seducer or perhaps the rapist is also excused of brand new good to own not the case accusation away from virginity. In the event the a converted Samaritan woman or a servant had been freed on less than age three-years, even if the mommy provided birth due to the fact an effective Jew, the newest incorrect accuser out-of virginity is actually exempt on the okay and on flogging as the both the conception and the birth need to become toward mother once the good Jew, in line with the verse in the Deuteronomy , “a virgin regarding Israel” (ibid.
If one betrothed an effective maiden, separated her and you will remarried this lady right after which accused their regarding maybe not are good virgin and introduced witnesses you to definitely she got sexual interactions in earliest betrothal therefore is found that the fresh new witnesses have been not the case, the guy is not flogged. Likewise, if the guy performed Levirate matrimony towards The newest widow away from a childless son whoever sister ( yavam or levir) was obligated to elizabeth (Deut. 25:5 yevamah , who had been next implicated off unfaithfulness if you find yourself partnered to the man’s aunt and produced witnesses have been discovered to be untrue, he could be still excused in the flogging and on the good and you will whoever was excused from the great otherwise regarding flogging could possibly get divorce this lady (ibid. 3:9).
If she is an excellent bogeret during his accusation, even when he will bring witnesses one she got sexual interactions when you find yourself she was an effective na’ara, he or she is exempt out of both flogging therefore 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).
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