Selected Reform Responsa 167 ee——————— A Se A eee JO

if the bride is neither widowed nor divorced, the ketubah should indicate“virgin”(Dinei Mishpahah, p. 99).

We should also note that the traditional ketubah makes no demands of virginity upon the groom. There is no statement about his virginity or lack of it, nor was this reflected in the economic segment of the ketubah.

Now let us go one step further and see what is the consequence of writing“virgin” in a ketubah when this is not so. It is clear from the biblical text(Deut. 22.14) that an accusation of non-virginity could be brought by the groom after the wedding night. The parents would then proceed with the defense of their daughter. If indeed she was not a virgin, the death penalty was involved(Deut. 22.20, 21). If she had been accused erroneously, then her husband was fined a hundred pieces of silver and forfeited the opportunity of ever divorcing her(Deut. 22.13- 19). All of this has been discussed further by the Talmud and later literature(Ket. 10a, 46a; etc.) 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(Ket. 10a). Furthermore, after a girl is more than twelve years and six months old(bogeret), the hymen may disappear naturally and no sign of virginity remains(Ket. 36a). Should she have lost her virginity by accident, then the only change would be a reduction in her ketubah by 100 zuzim; no such reduction is made if she claims rape after bethrothal(Yad Hil. Ishut 11.10 ff). It was generally made almost impossible for a groom to file a complaint of non-virginity(Ket. 10a b; Yad, Shulhan Arukh).

We should also note that if there was any kind of misrepresentation of a physical defect on the part of the wife, without the knowledge of the husband, then this is grounds for divorce or for the annulment of the marriage(Tos. Ket. 7.8- 9; Ket. 72b ff). This is also true if the groom found that his wife was not a virgin. In order to