In the event the, once he previously separated their, she accepted kiddushin away from yet another child or she died or the guy just who incorrectly accused the lady are an excellent priest who you can expect to perhaps not take back his divorced wife, he or she is flogged (ibid. This case and the parallel case toward rapist keep only when there is no ban, also an effective rabbinic prohibition, to allow them to getting hitched. The duty so you’re able to wed try offset of the prohibition become uses this possible opportunity to splitting up just like the woman could possibly perhaps not want to be married so you’re able to the lady incorrect accuser (ibid. The process to own a claim out of non-virginity is as follows: first, the guy accuses his maiden girlfriend, on court, off not a great virgin, their allege are in accordance with the simple fact that he don’t discover the lady hymen undamaged which on investigation it absolutely was located one to she got intimate relations which have various other kid, and he possess witnesses to attest compared to that.
Untrue testimony out of witnesses regarding new betrothed women’s sexual relations means they are prone to funding punishment, due to the fact she’d was basically met with the allege started correct (ibid
In the event the father will bring witnesses who reveal that the brand new witnesses from the fresh partner try sleeping, the new not true witnesses is actually stoned while the partner is actually flogged and you can need certainly to bring 100 sela to your father. If your husband subsequently brings witnesses that show the father’s witnesses was in fact lying, people witnesses in addition to lady is actually stoned (ibid. When the, yet not, their allege try found to be true, regardless of if this woman is today a good bogeret, the woman is stoned as the she the time adultery while you are she are a great na’ara (ibid.
The not the case accuser of any maiden who is ineligible for the fine of seducer and/or rapist is additionally excused from this new okay to possess not true accusation regarding virginity. If the a converted Samaritan girl or a servant had been freed during the lower than the age of 3 years, even if the mother offered birth since the an excellent Jew, the new not the case accuser regarding virginity are exempt from the good and you will throughout the flogging because the conception as well as the delivery need to be towards mommy as the a beneficial Jew, according to research by the verse in Deuteronomy , “an excellent virgin away from Israel” (ibid.
If one betrothed a great maiden, divorced the woman and remarried the woman right after which implicated the woman out-of perhaps not being good virgin and you may produced witnesses that she got sexual interactions during the very first betrothal and it is actually unearthed that the fresh witnesses was in fact incorrect, the person isn’t flogged. Similarly, if the guy performed Levirate marriage toward Brand new widow from an effective childless son whose sibling ( yavam or levir) are forced to elizabeth (Deut. 25:5 yevamah , who was simply after that accused of infidelity when you’re married on people’s sibling and you may brought witnesses who were found to be not true, he is however exempt in the flogging and you can about good and you may anybody who are excused about great or on the flogging can get breakup her (ibid. 3:9).
In the event the she actually is a beneficial bogeret at the time of his accusation, whether or not he brings witnesses one she had intimate relationships if you’re she is a na’ara, he’s exempt out of both the flogging while the great
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 speed dating in southern Georgia 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).