When a man marries a virgin who was previously widowed, divorced, or released through :
—
if she was widowed, divorced, or released through following ,
;
her is two hundred .
At the stage of , the woman is legally but has not yet entered the full marital state of . Her prior relationship therefore does not reduce the standard of a virgin.
—
But if this occurred following ,
,
her is one hundred ,
.
because once she has entered , she is regarded as a woman who has previously had marital relations.
This classification takes effect through itself. It applies even if establish that her first husband died immediately after she entered the and that the marriage was never consummated.
:
The same distinction applies when a man marries a virgin who was freed from servitude, converted to Judaism, or was released from captivity:
,
if the maidservant was freed, the non-Jewish woman converted, or the captive woman was redeemed,
—
while they were younger than three years and one day,
;
their is two hundred .
Before this age, any physical effect caused by intercourse is regarded by as reversible. The woman therefore retains the status of a virgin.
—
But if they were three years and one day old or older,
.
their is one hundred .
From that age onward, the applicable legal presumption is that intercourse may have occurred under those circumstances. The reduced amount is therefore assigned without requiring proof of what happened in the individual case.
Synopsis
A virgin previously connected to another man receives two hundred when the earlier relationship ended before . After , or when the relevant legal presumption applies to a freed maidservant, convert, or former captive, her is one hundred .
Why did the Sages establish a of one hundred for these women even when they are virgins?
,
Because a woman who has entered is presumed to have had marital relations,
,
and a maidservant, a non-Jewish woman, and a captive woman are likewise presumed to have had relations,
◇A helpful concept
A is a legally operative presumption. It allows to assign a status on the basis of what ordinarily occurs, even when the facts of a particular case have not been established.
Here, the presumption does not amount to a factual determination or accusation concerning an individual woman. It establishes the category under which the Sages fixed her .
,
the Sages therefore established one hundred for them, whether or not they actually had relations,
.
and they are treated as women who have previously had marital relations in all respects.
This classification governs every law that depends upon the distinction between a virgin and a woman who has previously had marital relations. The rule operates uniformly and does not depend upon proving what occurred in the particular case.
Synopsis
The Sages assigned these women the status of a non-virgin on the basis of established legal presumptions, whether or not intercourse actually occurred in the individual case.
Even if he married her on the express condition that she was physically an intact virgin,
—
and she was discovered to be a ,
.
her is one hundred .
Her condition reduces the amount from two hundred to one hundred, but it does not nullify the marriage or eliminate her . Since the physical change did not result from previous intercourse, the marriage is not treated as having been founded upon the kind of fundamental misrepresentation that would invalidate it.
,
If a girl aged three or younger had intercourse,
—
even with an adult man,
;
her is two hundred ,
.
because she will ultimately return to the physical condition of other virgins.
This is a technical age threshold governing physical and monetary status. It does not lessen the severity of the act or imply that it is permitted.
—
Similarly, if a boy aged nine or younger had intercourse with an adult woman,
,
her is two hundred ,
;
as though intercourse had not taken place at all;
—,
because intercourse by a boy who is nine years and one day old has legal significance,
—.
whereas below that age, his act is not legally classified as intercourse.
Here too, the distinction concerns the act’s technical legal effect upon her status. It is not a statement about whether the conduct is permissible.
Synopsis
A receives a of one hundred , but acts occurring below the age thresholds stated here do not remove the woman’s entitlement to the two-hundred- of a virgin.
🔎Dig DeeperInjury, Age, and the Status of Virginity
Injury, Age, and the Status of Virginity
on 11b qualifies the ruling concerning an adult woman who had intercourse with a boy below the relevant age. In their view, she retains the two-hundred- only if her hymen remained physically intact despite the act. The ( 67:4) adopts this qualification.
A virgin who is a , blind, or an is entitled to a of two hundred .
◇A helpful concept
A is a young woman who has passed beyond the stage of . An is a woman identified by criteria as having a particular pattern of physical nondevelopment associated with infertility. Neither status by itself removes a virgin’s entitlement to two hundred .
A blind woman receives the full amount even though there may be concern that an earlier injury and its bleeding could have escaped her notice.
,.
The Sages, however, did not institute a for a or a .
◇A helpful concept
In this context, a is the classical category of a woman who is unable to hear or communicate verbally and therefore lacks ordinary legal capacity. It does not include every person with a modern hearing impairment.
A is a person whose severe cognitive or mental incapacity removes ordinary legal competence. The term is a defined legal category and does not refer to ordinary mental illness.
,.
For a , they did not institute at all.
Because she lacks the necessary legal capacity, the Sages did not create a rabbinic marriage framework for her. Consequently, they also did not establish the financial rights that would arise from such a marriage.
,,
Regarding a , although her are recognized by Rabbinic law,
,
the Sages did not institute a for her,
.
so that men would not be discouraged from marrying her.
The financial obligation of a mandatory might have made prospective husbands unwilling to enter such a marriage. The Sages therefore recognized the marriage without automatically imposing that obligation.
,
Just as she has no Sages-instituted ,
,
she likewise has no right to support,
.
nor to any of the other standard conditions of the .
These associated rights ordinarily arise automatically from the Sages’ institution of the . Where they did not impose that institution, its accompanying obligations do not arise automatically either.
,
If a man married her while she had the status of a ,
—
and her hearing and legal competence were subsequently restored,
,
she then has a and all the standard conditions of a ,
.
and the amount of her is one hundred .
Once she no longer has the legal status of a , the ordinary financial framework of marriage applies. Her is nevertheless one hundred , because these rights arise only after she has already entered married life.
Synopsis
A virgin who is a , blind, or an receives two hundred . A has no Sages-instituted marriage, while a has a Rabbinically recognized marriage without an automatic . If the later gains full legal capacity, she receives a one-hundred- and its accompanying rights.
🔎Dig Deeper Rights and Legal Capacity
Rights and Legal Capacity
explains that the law of an must be stated expressly because she is treated as a , whose physical signs of virginity may differ from those of a younger woman. Her entitlement to two hundred applies when the husband knew of her status when he married her. If he was unaware of it, the marriage may instead involve a mistaken premise, with different consequences addressed in Chapter 24, Halachah 2.
A equals one hundred . One hundred therefore equals ten thousand —far more than the ordinary minimum obligation.
,
the obligation remains valid,
.
because he willingly chose to diminish his own assets.
Although the Sages did not establish a mandatory in these cases—and did not institute a Rabbinic marriage for a —the voluntary financial undertaking can still be binding. This ruling addresses the validity of the obligation he accepted, not whether the marriage itself possesses ordinary validity. The expression “diminish his assets” means that he knowingly chose to encumber his property with this payment, and the court therefore enforces his commitment.
Synopsis
Even where the Sages imposed no mandatory , a husband’s voluntary written financial commitment is binding.
Marriage and Obligations When the Husband Lacks Legal Capacity
,
If a or a married women who possessed ordinary legal competence,
◇A helpful concept
In this context, a is a man within the classical category of one who cannot hear or communicate verbally and therefore lacks ordinary legal capacity. A is someone whose severe cognitive or mental incapacity removes ordinary competence. These are defined legal categories and do not include every person with impaired hearing or mental illness.
—
even if the subsequently regained hearing and legal competence, or the recovered,
.
their wives have no financial claim against them.
Their recovery does not retroactively validate obligations that they lacked the legal capacity to undertake when the original marriages occurred.
,
If, after recovering, they choose to remain married to their wives,
.
the wives are entitled to a of one hundred .
Their decision after recovery is legally meaningful. By knowingly continuing the marriage when they possess full capacity, they establish the ordinary fundamental obligation for a woman who has previously been married.
,
If a court arranged the marriage of the ,
—
and wrote a for the woman against his property,
.
she receives the full amount that the court wrote for her.
Because the court acted on his behalf within the marriage framework established for a , its financial arrangement is enforceable against his assets.
,—
A court, however, does not arrange a marriage for a ,
,
because where an enactment of the Sages would not endure,
.
they did not institute .
The Sages instituted a marriage framework only when it could function with reasonable stability. A marriage arranged for a man lacking this degree of mental competence would be continually subject to conflict and could not reliably be maintained; they therefore did not create such an institution for him.
—,
Similarly, the Sages did not institute for a male minor,
.
because he will ultimately become capable of entering a fully binding marriage.
There was no need to construct a temporary Rabbinic marriage for him, since upon reaching adulthood he would possess the capacity to marry through the ordinary framework.
,
Why, then, did the Sages institute for a female minor,
וְאַף עַל פִּי?
even though she too will eventually become capable of entering a fully binding marriage?
.
So that she would not be treated as though she were unprotected and available to anyone.
◇A helpful concept
This enactment concerns a minor girl whose father has died, or who was married through her father and then divorced while still a minor. When a living father consecrates his minor daughter, her derive from the authority granted to him by the rather than from this Rabbinic enactment.
Without a recognized marital framework, the Sages were concerned that others might exploit the girl or treat the prohibitions governing relations with her lightly. A recognized marriage placed her under the stronger protections associated with a married woman, and her husband would also guard her from improper relationships.
,
A male minor is not married off
.
until he has been examined and it is established that he has developed the physical signs of maturity.
Chronological age alone is not sufficient for this purpose. His physical signs of maturity must be confirmed so that he can enter a marriage with full legal effect.
Synopsis
A or does not acquire ordinary marital financial obligations merely by recovering, but a conscious decision to continue the marriage afterward creates a one-hundred- . A court may arrange and financially regulate the marriage of a , but not that of a or male minor. The Sages made a special marriage provision for certain minor girls to protect them from exploitation.
If a male minor married a woman, even if he was nine years and one day old,
.
she has no .
Although an act of intercourse by a boy of this age can have significance in certain areas of , he remains a minor and cannot undertake the complete legal obligations of marriage.
,
But if he reached adulthood and continued the marriage after becoming an adult,
.
she is entitled to the fundamental amount of the .
This applies when, after reaching adulthood, he continued the marriage through marital relations. His conduct then expresses a legally effective decision to maintain her as his wife. It creates the fundamental obligation, but does not automatically validate any additional amount he promised while still a minor.
The fundamental amount is determined by her status when the original marriage occurred: two hundred if she then possessed the status of a virgin, and one hundred if she did not.
—
Similarly, if a convert and his wife converted together,
,
her is one ,
.
because it was with that understanding that he continued their marriage.
One equals one hundred . By remaining with her as his wife after conversion, he accepts a new, legally effective marital relationship with the standard fundamental of a previously married woman.
Synopsis
A minor’s marriage creates no , but if he continues the marriage through marital relations after reaching adulthood, the fundamental obligation takes effect. A couple who convert together similarly enter their new Jewish marital status with a one-hundred- .
🔎Dig DeeperWhen Adulthood or Conversion Establishes a
When Adulthood or Conversion Establishes a
treats a husband and wife who convert together in the same manner as a marriage entered by a minor and continued after he reaches adulthood. The ( 67:11) reflects both this approach and the ’s ruling.
The explains an important consequence of the Rambam’s position. The husband’s decision to remain with his wife after conversion creates a new fundamental obligation of one hundred . If he had promised her a larger amount before conversion, the excess was an additional voluntary obligation and does not automatically remain binding after conversion.
When a Husband May Bring a Claim Concerning Virginity
,
Whenever a virgin is entitled to a of two hundred ,
.
a claim concerning her virginity may be brought against her.
◇A helpful concept
A is a husband’s claim that the bride did not possess the physical signs of virginity that were expected when he married her. The claim can affect her entitlement to the two-hundred- and, in particular circumstances, may raise additional questions about the marriage.
,
But whenever her is one hundred ,
—
or the Sages did not institute a for her at all,
.
no claim concerning virginity may be brought against her.
The claim exists as a safeguard accompanying the special two-hundred- entitlement of a virgin. Where the Sages did not grant that larger amount—or did not institute a at all—they did not give the husband this corresponding means of defeating her financial claim.
This remains true even when her second husband believed that she was physically a virgin, such as when her first husband died after but before the marriage was consummated. Since her established is only one hundred , a is unavailable.
,
And if a man secluded himself with his before ,
.
he may not subsequently bring a claim concerning her virginity.
Because they were alone together, it is possible that he had relations with her before the wedding. He cannot later rely upon the absence of the expected signs to impose a financial loss upon her, since his own earlier conduct may account for their absence.
Synopsis
A claim concerning virginity is available only against a bride whose status entitles her to the two-hundred- . It is unavailable when her entitlement is only one hundred , when no was instituted for her, or when the groom was secluded with her before .
🔎Dig DeeperWhen a Husband May Bring a Claim Concerning Virginity
When a Husband May Bring a Claim Concerning Virginity
The explains that the husband’s claim was created as a safeguard accompanying the Sages’ institution of the two-hundred- . Because women in the other categories were never granted that additional entitlement, the corresponding safeguard was not established against them.
explains why prior seclusion removes the husband’s ability to make the claim. He may have had relations with his during that seclusion and subsequently forgotten what occurred. That possibility prevents him from using the absence of the expected signs as evidence against her.
A man married a woman who was presumed to be a virgin,
״״.
and he claims, “I did not find her to be a virgin.”
The husband’s statement constitutes the claim; it does not by itself determine its outcome. The following explain how the claim is evaluated, how the woman may respond, and when either position is accepted.
:
There are two physical signs associated with virginity:
,;
the first is bleeding from the woman,
,.
and the second is the physical tightness encountered during the first act of marital relations.
These signs form the factual basis of a . As the following make clear, however, their presence or absence must be assessed together with factors such as age, health, family physiology, and the explanations offered by the husband and wife.
Synopsis
A arises when a man who married a woman presumed to be a virgin claims that the expected bleeding or physical tightness was absent during their first marital relations.
When a Bride Attributes the Missing Signs to an Injury
,
If a man married a virgin whose was two hundred ,
״״—
and claimed, “I did not find her to be a virgin,”
:
the woman is questioned.
״,,
If she says, “It is true that he did not find me physically intact as a virgin,
״—
because I fell and was struck by a piece of wood or by the ground, causing me to lose the physical signs of virginity,”
,
she is believed,
.
and her is reduced to one .
Her explanation concedes that she does not possess the physical status required for two hundred , but attributes the change to a cause other than intercourse. She therefore receives the one-hundred- of a rather than losing her entirely.
״״—
Although the husband argues, “Perhaps another man had relations with you, in which case you are entitled to nothing,”
.
his argument is disregarded.
The husband is arguing that he entered the marriage on a mistaken premise: he agreed to marry her as a virgin, whereas she may previously have had relations with another man. If that were established, he contends that the agreement would be a and that no would be owed.
The woman states with certainty how the physical change occurred, whereas the husband merely proposes another possibility. His uncertain suspicion cannot defeat her definite account in the absence of evidence.
◇A helpful concept
A definite claim is called , while an uncertain claim is called . When one party provides a definite account and the other can say only that something else may have occurred, the definite claim has greater legal force in the circumstances addressed here.
The dispute concerns the amount of her . Unless there is independent evidence that she had relations with another man, the husband’s claim does not ordinarily prohibit her from remaining married to him. A wife of a presents an exceptional case, because even the possibility of relations with another man can affect whether she may remain married to him.
,,
He may, however, issue a general conditional ban concerning whether another man had relations with her,
.
because he does not know with certainty that this occurred.
◇A helpful concept
A is a conditional ban stated in general terms without accusing a particular person. Since the husband does not know that another man had relations with her, he cannot present that possibility as a definite accusation. He may only issue a general conditional declaration directed at whoever is responsible if his suspicion is true.
Synopsis
When a bride acknowledges the absence of the expected physical signs but attributes it definitely to an injury, she is believed and receives the one-hundred- of a . The husband’s uncertain suspicion of previous intercourse does not eliminate her entitlement, although he may issue a general conditional ban.
If she says, “He spoke truthfully when he said that he did not find me to be a virgin,
״—
but a man forced himself upon me after I became to my husband,”
,
she is believed,
.
and her remains two hundred , as it was originally.
Since the assault occurred after and was against her will, it does not reduce the financial commitment her husband had already undertaken toward her. She therefore retains the full of a virgin.
״״
If he claims, “Perhaps you were assaulted before I you, in which case my agreement was a mistaken transaction,”
◇A helpful concept
A is a transaction or legal agreement entered on the basis of a fundamental mistaken assumption. The husband argues that if the assault occurred before , he accepted the marriage and its financial obligations while relying upon an incorrect understanding of her status.
״״—
or, “After I you, you willingly had relations with another man,”
,
he may issue a general conditional ban
.
against anyone who makes a false claim in order to impose upon him a financial obligation that he does not owe.
His suggested alternatives do not defeat her definite account, because he does not know when or under what circumstances the relations occurred. Nevertheless, he may direct a general conditional ban toward anyone who is knowingly making a false statement in order to collect money from him.
Synopsis
When a woman states with certainty that she was assaulted after , she is believed and retains her two-hundred- . Her husband’s uncertain suggestions that the event occurred earlier or was consensual do not defeat her claim, though he may issue a general conditional ban against anyone falsely imposing the obligation upon him.
If the husband claims, “I did not find her to be 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 while oversee the verification.
The do not observe the couple’s intimate relations. Rather, they inspect the relevant material before and afterward so that any physical evidence can be verified without relying solely upon either spouse’s account.
״,״—
If she says, “He had relations with me and found me to be a virgin like other virgins; his claim is false,”
״״?
he is questioned: “What occurred that led you to say she was not a virgin?”
The court does not treat a general accusation as sufficient. It first requires him to identify which expected physical sign was absent, because each type of claim must be evaluated differently.
״״—
If he answers, “Because I found no blood,”
,
the women of her family are investigated, for perhaps they naturally experience no bleeding at all—
;
neither menstrual bleeding nor hymenal bleeding.
,
If all the women of her family are found to share this condition,
.
she retains her presumed status as a virgin.
The absence of blood then supports no inference against her. Her family’s established physiology provides an alternative explanation, so the original presumption of virginity remains in place.
—
If the members of her family are not found to share this condition,
,
she herself is examined,
,
for perhaps she has a serious illness that has dried the natural moisture of her organs,
.
or perhaps she had been suffering from hunger.
Either condition could prevent the expected bleeding. The court must therefore determine whether her physical state, rather than prior intercourse, explains its absence.
,
Her bodily moisture is restored, and she is given food and drink until she becomes healthy,
,
and the couple then have relations a second time,
.
so that it can be determined whether she experiences bleeding.
This second examination tests whether the lack of blood was merely the temporary result of illness or hunger.
,,—
If there is no illness, hunger, or comparable condition,
.
the husband’s statement constitutes a valid claim concerning virginity.
Once the alternative physical explanations have been excluded, the absence of blood supports his claim.
,
This is so even if he encountered tightness during marital relations,
,
because no blood emerged;
.
the physical status of virginity is not established here.
In this situation, the tightness by itself does not overcome the absence of bleeding once the other possible explanations have been ruled out.
,
For every virgin experiences hymenal bleeding,
,
whether she is a minor, a , or a ,
◇A helpful concept
A minor is in the earliest stage of development. A is in the intermediate stage following minority, while a has passed beyond that intermediate stage. These distinctions matter here because physical tightness may diminish with , while the maintains that the expectation of bleeding remains.
.
except because of illness, as we have explained.
״,
If instead he says, “My claim is based upon the fact that I encountered no tightness,
״—
but found an open passage,”
,
her age is investigated,
;
for perhaps she is a .
,,
Most do not possess a degree of tightness that can be strongly felt,
,
because as a woman matures, her organs become less constricted,
.
and her virginal tightness diminishes.
Accordingly, the absence of noticeable tightness does not support a claim against a . Her age itself provides the expected explanation.
—
But if she has not yet become a ,
״,
we say to him, “Perhaps you entered at an angle or engaged in relations very gently,
״?
and for that reason did not feel the tightness?”
Before accepting his claim, the court considers whether the manner in which relations occurred could have prevented him from perceiving the expected sign.
״,״—
If he says, “No; I am certain that the passage was open,”
,
this constitutes a valid claim concerning every presumed virgin who has not yet become a ,
,
whether she is a minor or a ,
;
and whether she is healthy or ill;
,.
because the passage of every virgin who has not reached is closed.
Unlike the absence of blood, an open passage before is not explained by illness or hunger. Those conditions may affect bleeding, but they do not produce the physical state he claims to have encountered.
וְאַף עַל פִּי,
Even if blood emerged,
,
since he found an open passage,
.
the physical status of virginity is not established here.
The two signs do not always carry equal weight. For a woman who has not reached , a definite claim of an open passage is accepted even if bleeding occurred, because that bleeding may have another cause.
Synopsis
When a husband and wife dispute whether she possessed the expected physical signs of virginity, the court identifies the precise basis of his claim and investigates alternative explanations. The absence of blood may be explained by family physiology, illness, or hunger, while a definite claim of an open passage is effective only against a woman who has not reached .
🔎Dig DeeperHow a Disputed Virginity Claim Is Investigated
How a Disputed Virginity Claim Is Investigated
Other authorities understand the court’s question differently. Rather than asking whether the husband engaged in relations too gently to perceive the tightness, they ask whether he may have acted too forcefully or hastily and therefore failed to notice it. The ( 68:6) records this alternative formulation.
adds that a claim of an open passage can be made only by a man who was previously married. A man without prior marital experience would not possess a reliable basis for distinguishing virginal tightness from an open passage. The cites this qualification.
The and further limit this claim to a case in which the material used during the couple’s relations is no longer available. If it remains available, it should be inspected: evidence of blood establishes her as a virgin, while its absence supports the contrary conclusion. The mentions this view, although it does not appear to have become the accepted ruling.
Sources: and Rama, 68:6; Rabbenu Asher; Ramban; Rashba
that the absence of bleeding does not support a claim against a ,
.
but a claim that an open passage was found may be brought against her.
,
The course of the Talmudic discussion does not indicate this conclusion,
.
and their versions of the text contained an error.
,
I have examined numerous manuscripts, including ancient ones,
,
and found the law to be as we have stated:
.
the only claim that may be brought against a is one based upon the absence of bleeding.
The physical changes associated with make the absence of noticeable tightness normal and therefore legally inconclusive. The expected presence of bleeding, subject to the health and family exceptions described above, remains the relevant sign.
Synopsis
Contrary to the ruling attributed to certain , the concludes from his examination of early Talmudic manuscripts that only the absence of bleeding—not a claim of an open passage—supports a virginity claim against a .
🔎Dig DeeperThe ’s Textual Ruling for a
The ’s Textual Ruling for a
The opposing ruling identified here is attributed to . The rejects it because he concludes that it arose from an inaccurate textual version of the . He reports examining numerous manuscripts, including texts that were already several centuries old in his lifetime.
The surviving Talmudic text in 36b supports the Rambam’s reading, and the ( 68:3) rules accordingly: for a , the legally relevant claim concerns the absence of bleeding, not the absence of tightness.
Why the Husband Is Believed in a Disputed Virginity Claim
.
The Sages were the ones who instituted the fundamental obligation for a woman.
They likewise established the rule
,
that whenever a husband brings a claim concerning virginity
—
and the woman contradicts him,
,
he is believed,
,
and she bears the responsibility of producing evidence,
;
rather than the husband.
The same Sages who created the financial entitlement defined the conditions under which it could be collected. They gave the husband’s properly presented credibility with respect to the fundamental , leaving the woman responsible for proving her opposing account.
,
For there is an accepted presumption that a man will not exert himself to prepare a wedding feast
and then allow that effort and expense to go to waste,
.
transforming his celebration into mourning.
The effort and expense he invested in the wedding support the credibility of his claim. Ordinarily, a groom would not deliberately ruin the marriage celebration immediately afterward by inventing an allegation that could deprive his wife of her .
This presumption does not establish that every accusation made by a husband is true in every area of law. It explains why the Sages accepted a properly presented virginity claim for purposes of the fundamental obligation they instituted.
Synopsis
Because the Sages created the fundamental obligation, they also established that a husband’s properly presented virginity claim is accepted when his wife contradicts him. His investment in the wedding feast creates a presumption that he would not falsely destroy his own celebration, so she must produce evidence supporting her position.
🔎Dig DeeperWhy the Husband Is Believed in a Disputed Virginity Claim
Why the Husband Is Believed in a Disputed Virginity Claim
The cites authorities who understand this presumption literally: the husband is believed only when he actually prepared a wedding feast. If no feast was prepared, his claim lacks the circumstance that gives it special credibility, and the woman’s account is therefore accepted.
Until when may a husband bring a claim concerning his wife’s virginity?
,
If the couple entered into seclusion,
;
he must make the claim immediately.
Once they have been alone together, it is presumed that they had relations and that he then learned whether she possessed the expected signs. If he remains silent at that point and raises the claim only later, it is treated as arising from some subsequent grievance rather than from what occurred during their initial relations.
,
But if they did not enter into seclusion,
.
he may bring the claim even after thirty days.
Without seclusion, the passage of time does not establish that he previously had the opportunity to discover the relevant facts. His failure to make the claim earlier therefore does not undermine it.
Synopsis
After the couple has been secluded together, a husband must bring a virginity claim immediately. If no seclusion occurred, he may present the claim even after thirty days.
A Virginity Claim Affects the Fundamental , Not Its Addition
All the ruled
,
that when the Sages said a husband is believed if his wife contradicts his claim concerning her virginity,
;
they meant that she loses the fundamental amount of her .
The husband’s special credibility applies to the basic obligation established by the Sages. The same Sages who created that obligation determined that his properly presented virginity claim could cause her to forfeit it.
,
She remains entitled, however, to the additional amount he undertook to pay her,
unless clear evidence establishes that she had previously had relations,
.
or she admits to him that she had already had relations before becoming and deliberately misled him.
◇A helpful concept
The fundamental is the minimum amount instituted by the Sages. The is an additional sum that the husband voluntarily commits himself to pay. Because the two obligations arise differently, the husband’s claim does not have the same effect upon both.
The fundamental amount is subject to the rules established by the Sages, including the husband’s special credibility. The additional amount, by contrast, is his own voluntary financial undertaking. It cannot be canceled merely by his unsupported claim; clear evidence or the woman’s admission is required to show that the commitment was accepted under false premises.
,
Therefore, he may require her to take an oath while holding a sacred object,
,
in accordance with the law governing those who take an oath before collecting money,
.
and she may then collect the additional amount.
◇A helpful concept
An oath taken is administered while the person holds a sacred object—ordinarily a scroll. It is a more formal and stringent oath than a .
Her written claim to the additional amount remains legally enforceable, but the husband may require her to swear that the obligation is valid before she collects it. This resembles the rule governing someone who seeks payment through a promissory document and may first be required to swear that the debt remains unpaid.
,
She, however, may not require him to swear that he did not find her to be a virgin
,
before she forfeits the fundamental amount of her ,
;
because there is an accepted presumption that a man will not exert himself to prepare a wedding feast and then allow that effort and expense to go to waste.
With respect to the fundamental , the husband already possesses the special credibility established in the preceding . He therefore does not need to reinforce his claim with an oath before she loses that amount.
She may nevertheless issue a general conditional ban
.
against anyone who falsely brings such a claim against her.
Although she cannot force him to swear, she is not left without any response to a potentially dishonest accusation. She may pronounce a general ban directed at whoever knowingly makes a false claim against her.
Synopsis
A husband’s virginity claim can cause his wife to lose the fundamental without requiring him to swear, but it does not by itself cancel the additional amount he voluntarily promised. She may collect that addition after taking the required oath unless clear evidence or her own admission establishes that she misled him.
🔎Dig DeeperA Virginity Claim Affects the Fundamental , Not Its Addition
A Virginity Claim Affects the Fundamental , Not Its Addition
offers reasons to extend the husband’s credibility to the additional amount as well. The prevailing view, however, follows the ’s distinction, as recorded by the ( 68:8).
The fundamental exists because the Sages imposed it, so they could also establish the circumstances under which it is forfeited. The additional amount is a separate obligation that the husband accepted voluntarily. It therefore remains binding unless evidence establishes that his commitment rested upon a false premise.
The Rambam requires the woman to take the formal oath of before collecting the addition. This differs from his earlier position in his , where he required only a , a less stringent oath.
If the husband wishes to remain married to her after she has forfeited the fundamental amount of her ,
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he must write her a new for one hundred ,
Even though the additional amount discussed in the preceding may remain collectible, it does not replace the fundamental . Continuing the marriage requires an operative fundamental obligation, so the husband must write a new one. At the time this replacement is written, she is already a married woman with whom marital relations have occurred; the applicable minimum is therefore one hundred .
,
because a man is forbidden to remain with his wife for even a single hour without a ,
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as we have explained.
As established in Chapter 10, Halachah 10, a husband may not continue ordinary married life while his wife lacks the financial protection of a valid fundamental . If he wishes to retain the marriage after the original obligation has been forfeited, the replacement must first be written.
Synopsis
If a husband wishes to continue the marriage after his wife loses her fundamental through his accepted virginity claim, he must write her a new for one hundred . The surviving additional obligation does not take the place of the required fundamental .
Translation and elucidation: Independently prepared for Rambam, Clearly in contemporary English. Translation follows the Rambam’s words; elucidation supplies only the context needed to understand them.
Word cards and glossary: Hebrew word cards distinguish a word’s basic meaning from its meaning in the particular phrase. Shared glossary entries explain recurring terms; biography entries identify the cited authorities.
Explain and Background: Explain provides context needed for the ruling. Optional Background panels provide additional context that can be skipped without losing the essential explanation.
Synopsis: A short summary follows each halachah. It is a guide to the central ruling, not a replacement for the full text and its qualifications.
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Measurements: Modern equivalents draw on Chabad.org’s measurement glossary and cited halachic calculations. They show a range when major accepted calculations differ. Monetary equivalents fluctuate with the price of silver.
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Editorial responsibility: Created and prepared for this project by Levi Gelb. Corrections and suggestions can be submitted below. This presentation supports learning; practical halachic questions should be brought to a qualified rav.
Chapter 11 at a glance
status and disputed signs of virginity
This chapter defines which brides receive two hundred or one hundred and then develops the rules governing a husband’s claim concerning virginity.
Prior marriage and certain legal presumptions can establish the one-hundred- even when the woman is physically a virgin.
Age, legal capacity, conversion, and the continuation of a marriage determine whether a obligation exists and when it begins.
A claim concerning virginity is available only where the Sages granted the two-hundred- and the groom did not previously enter privacy with his bride.
The physical basis of a disputed claim is investigated carefully, with attention to age, health, family traits, and the nature of the husband’s allegation.
An accepted claim removes the fundamental but does not automatically cancel the husband’s voluntary addition; continuing the marriage requires a new fundamental .
פרק יא
End of chapter.
You have reached the end of all seventeen halachos.