The fresh choice din looks at their testimony assuming it is located is correct, their was stoned
In the event that, shortly after he previously separated this lady, she accepted kiddushin out of an alternative man or she passed away otherwise the man which incorrectly accused her is a good priest exactly who you can expect to maybe not get back his separated partner, he could be flogged (ibid. This example and parallel instance towards the rapist keep merely if you have zero ban, actually a beneficial rabbinic ban, so they can getting hitched. The responsibility in order to marry is counterbalance because of the prohibition to-be spends it chance to breakup once the woman could actually perhaps not want to be hitched so you can the lady false accuser (ibid. The method having a declare off non-virginity is just as observe: initial, the man accuses their maiden girlfriend, within courtroom, away from not an excellent virgin, his claim getting according to the undeniable fact that the guy failed to select the lady hymen undamaged and this up on research it actually was located that she got intimate relations having various other son, and then he enjoys witnesses to attest to that.
Untrue testimony away from witnesses in regard to this new betrothed women’s sexual relationships means they are prone to investment discipline, while the she would had been encountered the claim become real (ibid
If your dad brings witnesses which demonstrate that brand new witnesses of the brand new spouse try lying, the newest not true witnesses are stoned as well as the spouse was flogged and you may need to promote a hundred sela toward dad. If your husband after that will bring witnesses that demonstrate that the father’s witnesses were sleeping, men and women witnesses as well as the woman was stoned (ibid. In the event that, but not, his claim is discovered to be correct, regardless if this woman is now a great bogeret, she is stoned once the she enough time adultery when you are she was a great na’ara (ibid.
This new incorrect accuser of any maiden who is ineligible into the good of the seducer or perhaps the rapist is additionally excused of the newest good for false accusation of virginity. In the event the an altered Samaritan girl or a servant was in fact freed at the below age 3 years, even when the mom provided beginning just like the an effective Jew, the fresh incorrect accuser away from virginity are excused regarding good and you may on the flogging as both the conception therefore the beginning need to become for the mom since good Jew, in accordance with the verse inside the Deuteronomy , “a beneficial virgin of Israel” (ibid.
In the event that a person betrothed a maiden, separated her and you may remarried her and then accused her regarding maybe not are a beneficial virgin and you will produced witnesses one she had sexual relationships in the earliest betrothal also it is actually discovered that the witnesses have been not true, the person is not flogged. Likewise, when the he performed Levirate matrimony on the The latest widow out-of an excellent childless child whoever brother ( yavam otherwise levir) try compelled to e (Deut. 25:5 yevamah , who was simply following accused out-of cheating when you’re married on mans sis and brought witnesses have been found to be not true, he is nonetheless exempt about flogging and you can regarding great and you may anyone who is excused on the fine or regarding the flogging get splitting up this lady (ibid. 3:9).
If the she is an excellent bogeret in the course of his accusation, no matter if the guy brings witnesses one she got sexual relations while you are she try a beneficial na’ara, they are excused out of both flogging therefore the okay
It should be noted that the claim of not finding the woman to be a virgin is not simple from a physiological point of view. Some women do not have a hymen and sometimes the blood supply to the hymen is minimal, which results in very little blood available to be shown as evidence of virginity. The two signs given in the Shulhan Arukh (E.H. 68:3) for the virgin: blood flowing after the first act of intercourse and the pressure needed for penetration, are not necessarily universal and are quite subjective. The fact that adult men were marrying pubescent girls or girls just prior to puberty makes it more likely that the so-called proof of virginity was actually evidence of a vaginal tear because sufficient hormonal stimulation to the vaginal mucosa was not yet available to allow vaginal expansion during arousal to accommodate penetration without injury. It is also very likely that 
there were cultural aspects to virginity that added to the proof of virginity (e.g. cries of pain). Moreover, there is also a long history of deception in regard to virginity, including using the blood of an animal on the bedding. The high premium placed on virginity, the expectation of sexual exclusivity, and a tendency toward segregation between the sexes highlighted this topic. In order to make a claim that the girl was not a virgin, vaginal intercourse was obligatory and the man who had non-coital relations with his spouse and nevertheless brought a claim of non-virginity was exempt from the payment of the fine but was flogged (ibid. 3:10). 3:11). The laws sumply clear that the woman is disadvantaged in claims against her of non-virginity, that not all virgins are eligible for the legal category of virginity for which they can be compensated or are liable to capital punishment, and that false testimony could exempt the man from payment of false claims of non-virginity. If a woman was married on the presumption that she was a virgin but was found not to be, she forfeits her ketubbah. If an adult man had intercourse with a girl under the age of three years and a day, the girl retains her legal status as a virgin. If an adult woman had intercourse with a boy under the age of nine years and a day, she is also considered a virgin. An injury to the hymen made by a piece of wood (a picket fence injury) causes loss of the status of virginity, according to the Sages (Ketubbot 1:3).
