011 - הִלְכוֹת אִישׁוּת פֵּרֶק יא

Laws of Marriage, Chapter 11

1. One who marries a virgin who then becomes widowed, divorced, or undergoes chalitzah—if she became widowed, divorced, or underwent chalitzah after the betrothal, her kesubah is two hundred. But if it was after the marriage, her kesubah is one hundred, for once she is married, she is considered as one who has had relations. Similarly, one who marries a virgin who is a freed maidservant, a convert, or a captive—if the maidservant was freed, the non-Jewish woman converted, or the captive was redeemed, and they are less than three years and one day old, their kesubah is two hundred; but if they were three years and one day or older, their kesubah is one hundred.

2. Why did the Sages establish a kesubah of one hundred for these women, even though they are virgins? Since the presumption is that a married woman has had relations, and likewise the presumption is that a maidservant, a non-Jewish woman, and a captive have had relations, the Sages established for them a kesubah of one hundred, whether they actually had relations or not, and they are considered as one who has had relations in all respects.

3. A woman injured by wood (mukas etz)—her kesubah is one hundred; even if he married her on the condition that she is a complete virgin and she was found to be a mukas etz, her kesubah is one hundred. A minor girl under three years old who had relations, even if it was with an adult man—her kesubah is two hundred, for she will return to being a virgin like other virgins. Likewise, an adult woman who had relations with a boy under nine years and one day—her kesubah is two hundred, as if she had not had relations at all, for the act of a boy under nine years and one day is not considered intercourse; from nine years and one day and up, it is considered intercourse; less than this, it is not.

4. A virgin who is an adult, or blind, or an aylonis (a woman who does not develop signs of maturity)—their kesubah is two hundred. But for a deaf-mute or a woman of unsound mind, the Sages did not establish a kesubah. For a woman of unsound mind, the Sages did not establish marriage at all; and for a deaf-mute, even though she has marriage by rabbinic law, they did not establish a kesubah for her, so that people would not refrain from marrying her. Just as she does not have a kesubah, so too she does not have support or any of the conditions of the kesubah. But if a deaf-mute woman was married and then recovered her hearing, she has a kesubah and the conditions of the kesubah, and her kesubah is one hundred.

5. If one married a deaf-mute or a woman of unsound mind and wrote for them a kesubah of one hundred maneh, the kesubah is valid, since he chose to obligate his property.

6. If a deaf-mute or a man of unsound mind married competent women—even if the deaf-mute later recovered or the man of unsound mind was cured, their wives have no claim against them. If they wish to remain married after recovery, the wives have a kesubah of one hundred. If Beis Din arranged the marriage of the deaf-mute and wrote a kesubah for her from his property, she receives whatever Beis Din wrote for her. But for a man of unsound mind, Beis Din does not arrange a marriage for him—where there is no rabbinic ordinance, they did not establish marriage for him. Similarly, for a minor boy, the Sages did not establish marriage, since he will eventually reach full marriage. And why did they establish marriage for a minor girl, even though she will eventually reach full marriage? So that people would not treat her as ownerless. A minor boy is not married until he is examined and it is known that he has developed signs of maturity.

7. A minor boy, even if he is nine years and one day old, who marries a woman—she does not have a kesubah. But if he grows up and confirms the marriage after reaching maturity, she has the principal kesubah of one maneh. Similarly, if a convert and his wife converted, her kesubah is one maneh, for it is on this condition that he confirmed her as his wife.

8. Any virgin whose kesubah is two hundred has the claim of virginity; but anyone whose kesubah is one hundred, or for whom the Sages did not establish a kesubah, does not have the claim of virginity. One who was secluded with his betrothed before marriage does not have the claim of virginity.

9. What is the claim of virginity? This is when one marries a woman presumed to be a virgin and claims, "I did not find her to be a virgin." There are two signs of virginity: one, blood that flows from her; and two, the resistance found during the first intercourse at the time of relations.

Laws of Marriage, Chapter 11

10. If a man marries a virgin whose kesubah is two hundred, and he claims, "I did not find her to be a virgin," she is questioned. If she says, "It is true, he did not find me a virgin, because I fell and was struck by a tree or the ground, and my virginity was lost," she is believed, and her kesubah reverts to one hundred. Even though he claims, "Perhaps a man had relations with you and you have no claim," we do not heed his claim; but he may impose a general ban on anyone who would falsely claim in order to obligate me for money I do not owe, since the matter is not certain.

11. If she says, "It is true, he did not find me a virgin, and a man had relations with me by force after I was betrothed to him," she is believed, and her kesubah remains two hundred as it was. If he claims, "Perhaps you were violated before I betrothed you, and my acquisition is a mistaken one, or after I betrothed you, you had relations willingly," he may impose a general ban on anyone who would falsely claim in order to obligate me for money I do not owe.

12. If he claims, "I did not find her a virgin," and she says, "He did not have relations with me, and I am still a virgin," she is examined, or he has relations with her again in the presence of witnesses. If she says, "He had relations with me, and he found me as all virgins, and his claim is false," he is questioned and asked, "What happened that you say she is not a virgin?" If he says, "Because I did not find blood," her family is examined to see if perhaps none of them have blood at all, neither menstrual blood nor virginity blood. If all are found to be so, she retains her status. If her family members are not found to be so, she is examined to see if perhaps she has a serious illness that has dried up the moisture of her limbs, or perhaps she was fasting from hunger. She is then moistened, fed, and given drink until she recovers, and then has relations a second time, to see if she produces blood or not. If there is no illness, hunger, or anything similar, this is a claim of virginity; even if he found tightness during intercourse, since no blood emerged, there is no virginity—because every virgin, whether minor, adolescent, or adult, has blood, except due to illness as we have said. If he says, "Because I did not find tightness, but rather found an open passage," her age is questioned, for perhaps she is an adult—for most adults do not have the tightness that is strongly felt, since she has grown and her limbs have relaxed, and her virginity is gone. If she has not yet reached adulthood, he is told, "Perhaps you deviated or had relations very gently, and therefore did not feel tightness." If he says, "No, but certainly the passage was open," this is a claim of virginity for any virgin who is not an adult, whether minor or adolescent, whether healthy or ill; for every adolescent virgin, her passage is closed, and even if blood emerged, since he found an open passage, there is no virginity.

13. There are Geonim who ruled that an adult woman does not have a claim of blood, but does have a claim of an open passage. The way of the Talmud does not indicate this, and it was an error in their versions. I have already checked many early books and found that the matter is as we have said: that an adult woman has only a claim of blood, and nothing else.

14. The Sages are those who instituted the main kesubah for a woman; and they also instituted and said that anyone who claims a claim of virginity, and the woman contradicts him, he is believed, and she must bring proof, not the man. For it is a presumption that a person does not trouble himself with a feast, lose it, and turn his joy into mourning.

15. Until when does he have the right to make a claim of virginity? If she secluded herself, immediately; and if she did not seclude herself, even after thirty days.

16. All the Geonim have ruled that when the Sages said he is believed if she contradicts him, it is to cause her to lose the principal of her kesubah; but she still has the additional amount, unless it is clearly proven with definite evidence that she was not a virgin, or she admitted to him that she was not a virgin before she became betrothed and deceived him. Therefore, he may require her to take an oath while holding a sacred object, as is the law for all who take an oath and collect, and afterwards she may collect the additional amount. She, however, does not have the right to require him to take an oath that he did not find her a virgin, and then lose the principal of her kesubah, for there is a presumption that a person does not go to the trouble of making a wedding feast and then causes her to lose it; but she may impose a general ban on anyone who makes a false claim against her.

17. If he wishes to remain with her after she has lost the principal of her kesubah, he must write her a new one for one hundred, because it is forbidden for a man to remain with his wife even for one hour without a kesubah, as we have explained.