When the, after he had separated the lady, she approved kiddushin of a different son otherwise she passed away or the guy which wrongly accused their was a priest exactly who you can expect to perhaps not restore their divorced wife, he is flogged (ibid. This situation plus the synchronous situation into the rapist hold only when there is no ban, actually a good rabbinic prohibition, to enable them to become hitched. The responsibility to get married try offset by the ban is spends that it possibility to divorce proceedings once the lady might actually perhaps not desire to be hitched so you can this lady untrue accuser (ibid. The process to possess a declare regarding non-virginity is really as employs: initial, the guy accuses his maiden spouse, at the court, of not-being good virgin, their claim being in accordance with the fact that he did not find the girl hymen undamaged and that abreast of research it had been located one to she got intimate relationships https://datingmentor.org/pl/feabie-com-recenzja/ with some other kid, in which he keeps witnesses in order to testify to that particular.
Not true testimony from witnesses in regard to the betrothed women’s intimate affairs means they are prone to funding punishment, since she’d had been encountered the allege started real (ibid
In the event the father will bring witnesses who demonstrate that the newest witnesses away from the fresh partner are lying, brand new not the case witnesses was stoned and also the husband is actually flogged and need certainly to bring one hundred sela with the dad. In the event your husband subsequently provides witnesses that show the father’s witnesses was in fact lying, those witnesses while the woman try stoned (ibid. If the, not, his allege try discovered to be genuine, whether or not this woman is today an effective bogeret, she is stoned since the she the amount of time adultery whenever you are she try an excellent na’ara (ibid.
Brand new not the case accuser of any maiden who’s ineligible into okay of the seducer and/or rapist is even exempt away from brand new great to own untrue accusation regarding virginity. If a converted Samaritan lady or a servant were freed during the below age three-years, even when the mother offered delivery given that an effective Jew, the newest false accuser away from virginity is actually exempt about good and you can about flogging due to the fact both conception and birth must getting to the mommy because good Jew, in line with the verse during the Deuteronomy , “a good virgin off Israel” (ibid.
If men betrothed a great maiden, separated this lady and you can remarried the lady and then accused their off maybe not being an excellent virgin and you may lead witnesses that she got sexual interactions within the basic betrothal and it try discovered that the brand new witnesses was basically untrue, the man isn’t flogged. Similarly, in the event the he did Levirate relationship towards The widow from good childless boy whose sibling ( yavam or levir) is actually compelled to age (Deut. 25:5 yevamah , who had been upcoming accused regarding cheating whenever you are married towards mans brother and lead witnesses have been seen to be incorrect, he is still excused about flogging and you will regarding great and you may anyone who was excused on the fine or on flogging get separation this lady (ibid. 3:9).
If she actually is an effective bogeret at the time of his accusation, even in the event the guy will bring witnesses one she got intimate connections if you are she are a beneficial na’ara, he could be excused away from 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).