98 Walter Jacob

ketana and a na-ara was only six months and as a formal engagement (erusin) was usually for a year, the entire matter was complicated further. This meant that the loss of virginity had to occur in this short period, and that was almost impossible to prove.

The introduction of these complications made the likelihood of an accusation by the groom doubtful. The gossip raised by the groom’s accusation and the concomitant trouble to the bride’s family was avoided. The entire matter of bringing sheets to court was eliminated. The rabbinic courts had quietly moved beyond the biblical method of dealing with the issue of jealousy, unmet expectations, or suspicions well or ill founded. The courts through redefinitions had decided that this issue was beyond their scope except for some potential economic overtones, so it treated the lack of signs of virginity as one defect along with others that may not have been announced but could be settled financially despite the biblical legislation.

The matter was moved along further through lengthy discussions of the mohar.(The Tanaim considered the mohar biblical while the Talmud discussed whether the mohar was biblical or rabbinic— B. Ket. 10a, 110b; J. Ket. 36b; also Epstein p. 61ff.). The discussions concluded that this sum was to be provided for a virgin in addition to anything else and incorporated into the ketubah.

Eventually matters went further, virginity was assumed? and was not to be questioned, so, for example the rabbinic legislation did not pursue the matter of virginity in Judea , although it was well known that Judeans , both male and female, were casual in their sexual life. The questions was not asked(B. Ket. 10b, 12a; Tos. Ket. 1, 4; J. Ket. 25c¢), and the traditional mohar was stipulated in Judea as elsewhere unless there was specific proof that it should not be done. The authorities could have set the mohar as half the normal amount, i.e., 100 rather than the later normal 200 shekel. This has remained standard Orthodox practice, and all ketubot in a first marriage among contemporary Orthodox Jews state that the bride is a virgin, even if