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כתובות 11:2
Soncino English Talmud · Berean Standard Bible
AND THERE IS WITH REGARD TO THEM NO CHARGE OF NONVIRGINITY. A WOMAN PROSELYTE, A WOMAN CAPTIVE AND A WOMAN SLAVE, WHO HAVE BEEN REDEEMED, CONVERTED, OR FREED [WHEN THEY WERE] MORE THAN THREE YEARS AND ONE DAY OLD — THEIR KETHUBAH IS A MANEH, AND THERE IS WITH REGARD TO THEM NO CHARGE OF NON-VIRGINITY. GEMARA. Rab Judah said that Rab said: A small boy who Rami b. Hama said: The difference of opinion is [only] when he knew her, for R. Meir compares her to a mature girl, and 'But if he did not know her, all agree that she gets nothing'.22 R. Nahman objected: If she says. 'I was injured by a piece of wood,' and he says. 'No, but thou hadst intercourse with a man', Rabban Gamaliel and R. Eliezer say [that] she is believed!23 But, said Raba, whether he knew her24 and whether he did not know her, according to R. Meir [her kethubah is] two hundred [zuz];26 [whereas] according to the Rabbis, if he knew her [her kethubah is] a maneh, [if] he did not know her, she gets nothing. Raba however changed his opinion, for it has been taught: How [does] the bringing out of an evil name [take place]? He comes to court and says, 'I, So-and-so, have not found in thy daughter the tokens of virginity.' If there are witnesses that she has been unchaste under him, she gets a kethubah of a maneh. [But surely] if there are witnesses that she has been unchaste under him, she is to be stoned! — It means this: If there are witnesses that she has been unchaste under him, she has to be stoned; if she was unchaste before [the betrothal], she gets a kethubah of a maneh. Now R. Hiyya b. Abin said [that] R. Shesheth said: This teaches: If he married her in the presumption that she is a virgin and she was found to have had intercourse with a man, she gets a kethubah of a maneh. Whereupon R. Nahman objected: 'If one marries a woman and does not find in her virginity, [and] she says, "After thou hadst betrothed me [to thyself] I was forced and [thus] thy field has been inundated," and he says, "No, but before I betrothed thee [unto me] [thou hadst intercourse with a man], my bargain is [thus] a mistaken one." [etc.]' and [this assuredly means] she is to get nothing! And R. Hiyya b. Abin said to them: Is it possible! R. Amram and all the great ones of the age sat when R. Shesheth said that teaching and they found it difficult and he answered: In which respect is it indeed a mistaken bargain? In respect of two hundred [zuz:], but a maneh she gets [as a kethubah]. And you say [that it means] she gets nothing! Whereupon Raba said: He who asked [this question] has asked well, for a mistaken bargain' means entirely. But [then] that [other teaching] presents a difficulty. Put [it] right and say thus: If there are witnesses that she was unchaste under him she has to be stoned, if she was unchaste before [the betrothal], she gets nothing, if she was found to be injured by a piece of wood, she has a kethubah of a maneh. But Surely it was Raba who said [above that], according to the Rabbis, if he did not know her, she gets nothing! Hence you must conclude from this that Raba retracted from that [opinion]. Our Rabbis taught: If the first [husband] took her [the bride] to his home for the purpose of marriage. and she has witnesses that she was not alone [with him,] or even if she was alone [with him]. but she did not stay [with him] as much time as is needed for intercourse, the second [husband] cannot raise any complaint with regard to her virginity, for the first [husband] had taken her to his home [for the purpose of marriage].
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