If, once he had divorced the woman, she recognized kiddushin from another child otherwise she died or the man whom falsely accused her try a priest just who could maybe not restore their divorced wife, they are flogged (ibid. This case and parallel instance for the rapist keep simply if there’s no ban, also good rabbinic prohibition, so that they can be married. The duty to help you marry are offset because of the prohibition become uses this opportunity to divorce case as girl may actually not desire to be hitched so you’re able to this lady incorrect accuser (ibid. The procedure to have a claim of non-virginity can be uses: initial, the guy accuses his maiden partner, within legal, away from not a good virgin, his allege are according to the simple fact that he didn’t find her hymen intact and therefore on analysis it was discovered you to she had intimate relationships which have some other man, in which he enjoys witnesses to help you attest to that.

Untrue testimony of witnesses concerning brand new betrothed girl’s intimate relationships makes them liable to financial support abuse, given that she’d was in fact met with the allege already been true (ibid

In case your father provides witnesses just who reveal that the fresh new witnesses out of the newest husband is lying, the fresh new not the case witnesses are stoned therefore the spouse are flogged and you may have to render one hundred sela on dad. If the partner then provides witnesses that demonstrate that the father’s witnesses had been sleeping, the individuals witnesses plus the woman is actually stoned (ibid. In the event the, but not, their claim are found to be genuine, even if this woman is today a bogeret, this woman is stoned as the she the amount of time adultery if you are she is actually an excellent na’ara (ibid.

The brand new not true accuser of any maiden who’s ineligible towards great of the seducer and/or rapist is even exempt of brand new good getting not true accusation off virginity. When the a converted Samaritan lady otherwise a servant was freed on lower than the age of 3 years, even if the mother gave delivery as an excellent Jew, this new not the case accuser of virginity is actually excused throughout the great and you can from the flogging just like the both conception and also the birth have to end up being into mother because the good Jew, based on the verse in Deuteronomy , “good virgin regarding Israel” (ibid.

If a man betrothed a good maiden, separated her and you may remarried her and accused the girl out of not being an excellent virgin and you may put witnesses one she had sexual relations in basic betrothal therefore is actually discovered that the brand new witnesses have been false, the guy isn’t flogged. Similarly, if he performed Levirate relationship to your This new widow regarding an effective childless son whose sibling ( yavam or levir) are compelled to age (Deut. 25:5 yevamah , who was following implicated from infidelity when you are married on the man’s aunt and you will lead witnesses who have been seen to be not the case, he is nonetheless exempt on the flogging and you will in the okay and you may whoever is actually excused regarding great or from the flogging get divorce the girl (ibid. 3:9).

When the she is a great bogeret at the time of their accusation, even when he brings witnesses one she had intimate relationships whenever you are she is a beneficial na’ara, he’s exempt regarding 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. 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).