The brand new bet din investigates its testimony of course it’s discover become proper, their was stoned

In the event the, just after he had separated the girl, she approved kiddushin out-of a special boy otherwise she died otherwise the man which falsely implicated the girl is actually good priest which you will maybe not take back his divorced girlfriend, he or she is flogged (ibid. This case in addition to synchronous situation into the rapist keep simply when there is no ban, also a beneficial rabbinic ban, to allow them to end up being married. The duty so you can marry are counterbalance by ban are spends this possibility to divorce case because woman could actually perhaps not desire to be partnered to help you the lady untrue accuser (ibid. The method to own a declare of non-virginity is just as observe: initial, the man accuses their maiden spouse, within legal, out-of not-being a great virgin, his allege are based on the simple fact that he did not get a hold of the lady hymen intact and that through to study it had been located that she had sexual relations which have another man, and then he has actually witnesses to attest to this.

Not true testimony away from witnesses concerning this new betrothed girl’s sexual relations means they are prone to capital abuse, just like the she’d were met with the claim been genuine (ibid

In the event the dad provides witnesses exactly who reveal that the fresh new witnesses from the fresh new spouse was sleeping, this new false witnesses is stoned while the spouse try flogged and you will need certainly to offer 100 sela into dad. In case the husband subsequently provides witnesses that demonstrate that dad’s witnesses was sleeping, those witnesses and also the lady is stoned (ibid. In the event that, but not, their claim is actually seen to be genuine, whether or not this woman is now an effective bogeret, this woman is stoned while the she enough time adultery if you find yourself she are an effective na’ara (ibid.

New not true accuser of every maiden that is ineligible on the okay of your seducer and/or rapist is also excused from the fresh new fine for untrue accusation away from virginity. When the a converted Samaritan woman or a slave had been freed at lower than age three-years, even if the mother gave beginning since the a Jew, the false accuser of virginity is excused on the okay and you will on flogging once the the conception and also the birth need certainly to become on mom while the good Jew, according to research by the verse during the Deuteronomy , “a great virgin away from Israel” (ibid.

If a guy betrothed an effective maiden, divorced their and you may remarried this lady after which accused the girl regarding perhaps not becoming an effective virgin and you may produced witnesses one to she got intimate connections during the very first betrothal also it was found that the fresh witnesses were incorrect, the guy is not flogged. Similarly, if the the guy performed Levirate relationships into Brand new widow out of a childless guy whose cousin ( yavam otherwise levir) are obligated to e (Deut. 25:5 yevamah , who was next accused off infidelity when you’re hitched into the people’s sibling and put witnesses who were seen to be incorrect, he’s however exempt on the flogging and you may on the great www fabswingers com and anybody who are exempt in the fine otherwise throughout the flogging get separation their (ibid. 3:9).

In the event that she is a good bogeret in the course of his accusation, regardless if he brings witnesses you to definitely she got sexual affairs if you’re she is a na’ara, he’s excused 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 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).