In the event that, shortly after he had divorced the girl, she accepted kiddushin regarding an alternate son otherwise she died or the guy just who incorrectly implicated the girl try a priest which you can expect to maybe not restore his divorced partner, he’s flogged (ibid. This example while the parallel case on the rapist keep simply if there’s zero ban, also an excellent rabbinic prohibition, so they are able be hitched. The obligation to get married was counterbalance because of the ban getting uses so it possibility to divorce once the girl could actually maybe not desire to be partnered in order to the girl not true accuser (ibid. The method for a claim from low-virginity is just as follows: very first, the man accuses his maiden girlfriend, at judge, out-of not-being a beneficial virgin, their claim getting in line with the simple fact that he failed to pick the woman hymen unchanged and that upon data it absolutely was discover that she got sexual relations having other guy, in which he possess witnesses so you’re able to testify compared to that.
Not the case testimony regarding witnesses in regard to the fresh betrothed women’s intimate relationships means they are liable to financing discipline, while the she’d was basically encountered the claim come genuine (ibid
In case your father brings witnesses exactly who demonstrate that brand new witnesses away from new partner is actually lying, the false witnesses are stoned and also the spouse try flogged and have to offer one hundred sela to the father. If for example the husband next provides witnesses that demonstrate that dad’s witnesses had been lying, men and women witnesses and also the lady is stoned (ibid. If the, although not, their claim is found to be correct, though this woman is now a great bogeret, she is stoned as the she the time adultery if you are she are a na’ara (ibid.
The fresh new not the case accuser of any maiden that is ineligible into great of your seducer or the rapist is also exempt off the fresh fine getting false accusation out of virginity. If the a converted Samaritan woman otherwise a servant have been freed in the lower than the age of three years, even when the mother offered delivery because a great Jew, the fresh incorrect accuser of virginity was exempt in the good and you will about flogging since the both conception together with birth need to become with the mother once the a beneficial Jew, according to research by the verse in the Deuteronomy , “an effective virgin out-of Israel” (ibid.
In the event that a man betrothed a good maiden, separated the girl and you will remarried the girl and accused this lady away from maybe not getting a virgin and you can lead witnesses you to she got intimate relationships inside basic betrothal plus it was unearthed that new witnesses was indeed not true, the person is not flogged. Similarly, if the the guy performed Levirate wedding toward The newest widow of a beneficial childless child whose brother ( yavam or levir) is compelled to elizabeth (Deut. 25:5 yevamah , who was simply next accused from cheating when you are married into mans sis and brought witnesses who had been seen to be incorrect, he’s nevertheless excused from the flogging and you will regarding the great and anyone who try excused about great otherwise regarding flogging get split up their (ibid. 3:9).
When the this woman is a beneficial bogeret in the course of his accusation, even if he provides witnesses that she had sexual affairs if you are she try a great na’ara, he could be exempt out-of both flogging in addition to 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 http://www.datingmentor.org/cs/evropska-seznamka/ 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).