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Marriage and its obstacles in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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WALTER JACOB

made provision for an accusation of nonvirginity brought by the groom after the wedding night. The parents would proceed with the defense of their daughter. If, indeed, she was not a virgin, she was liable for the death penalty. If she had been accused erroneously, her husband was fined a hundred pieces of silver and forfeited the right of ever divorcing her.

All this was discussed further in the Talmud and later litera­tre. One authority, however, indicated that if such an accusation was brought before him, the young man was to be whipped, as the accusation indicated that he himself had engaged in illicit intercourse earlier. Another limited such a challenge to a man previously married, since he possessed legitimate experience. Furthermore, after a girl is more than twelve years and six months old(bogeret), the hymen may disappear naturally and no sign of virginity remain. Should she have lost her virginity by accident, her

ketubah was reduced by 100 zuzim, a large sum; no such reduction was made if she claimed rape after betrothal. It was generally made almost impossible for a groom to file a complaint of nonvirginity.>

A ketubah normally assumed that the bride was a virgin, unless it was known that she was a widow or divorced, and the rabbis have not concerned themselves with the possibility that this Was not 50. The rabbinate did not seem to hesitate to use the term

virgin in the ketubah even when it was in doubt. The Gaonim composed a special berakhah to be recited by the groom on his wedding night if his wife was a virgin.*® The recital of such a blessing if the wife was not a virgin would be levatalah. The ritual Was eliminated in post-Gaonic times.