If, just after he previously divorced the lady, she recognized kiddushin from another boy or she died otherwise the guy exactly who incorrectly implicated this lady is an excellent priest whom you may maybe not take back their separated spouse, he is flogged (ibid. This example in addition to parallel case on rapist keep merely if there is no prohibition, even an excellent rabbinic ban, to allow them to feel partnered. The obligation so you’re able to wed was offset because of the prohibition becoming spends it possibility to divorce case as the woman might actually perhaps not desire to be married to the girl untrue accuser (ibid. The process for a declare of low-virginity is as comes after: initial, the guy accuses his maiden girlfriend, from the legal, away from not-being a good virgin, his allege getting in line with the fact that he failed to pick this lady hymen intact and that through to data it actually was discovered that she got sexual interactions with another son, and he has witnesses so you’re able to testify to that particular.
False testimony off witnesses in regard to the new betrothed women’s intimate relations makes them liable to resource discipline, as she would was basically met with the claim become correct (ibid
If for example the father provides witnesses which demonstrate that this new witnesses out-of the husband was lying, the incorrect witnesses try stoned and also the partner are flogged and need to give 100 sela on the father. If for example the partner then provides witnesses that show the father’s witnesses was sleeping, people witnesses and the girl is actually stoned (ibid. In the event the, although not, their claim is seen to be real, regardless if the woman is now a great bogeret, she’s stoned since she enough time adultery if you’re she was a na’ara (ibid.
The fresh new incorrect accuser of every maiden that is ineligible for the great of your own seducer or perhaps the rapist is also excused from the latest okay to have incorrect accusation off virginity. In the event that an altered Samaritan lady or a servant was indeed freed at below the age of three-years, even if the mommy offered delivery as the a good Jew, the fresh false accuser from virginity try exempt from the fine and you will on the flogging given that both conception plus the birth need certainly to become for the mommy given that good Jew, in accordance with the verse during the Deuteronomy , “an effective virgin out of Israel” (ibid.
When the one betrothed an effective maiden, separated their and you will remarried this lady and implicated the girl out of not getting a beneficial virgin and introduced witnesses one to she had sexual relationships into the very first betrothal plus it are found that the fresh new witnesses was not true, the person isn’t flogged. Similarly, if the guy performed Levirate relationship towards The latest widow away from a beneficial childless child whose sis ( yavam otherwise levir) was forced to age (Deut. 25:5 yevamah , who was simply following implicated of infidelity while hitched with the man’s sister and you may brought witnesses who had been seen to be not true, he could be nevertheless excused in the flogging and you will regarding okay and you can whoever are exempt regarding the fine otherwise regarding flogging could possibly get breakup this lady (ibid. 3:9).
In the event the this woman is a good bogeret during the time of his accusation, regardless of if the guy will bring witnesses you to she got intimate affairs while you are she try a beneficial na’ara, they are excused from both the flogging therefore the 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 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. https://datingmentor.org/germany-lesbian-dating/ 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).