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Week 59 - Shabbat - 13 January 2001

KETUBOT: CHAPTER 1: MISHNAH 3

An adult who had relations with a girl who was a minor or a boy who was a minor had relations with an adult, and one injured by a piece of wood -- their ketubah is two hundred; so Rabbi Meir. But the Sages say, one injured by a piece of wood, her ketubah is a maneh.

Kehati

The preceding mishnah taught three laws regarding the ketubah: (1) a virgin who weds receives a ketubah of two hundred dinars; (2) a woman presumed to have had sexual relations, e.g., a widow or a divorced woman, receives a ketubah of only one hundred dinars when she marries someone else and (3) if a woman wed on the presumption that she was a virgin, and was later found to have had sexual relations, and his acquisition was therefore an erroneous acquisition, and she loses her ketubah. Our mishnah teaches two additional laws: (1) a woman who had sexual relations when she was a minor, or even as an adult, but had relations with a minor, is presumed to be a virgin, and (2) if a woman lost her virginity as a result of an injury -- Rabbi Meir and the Sages disagree as to the amount of her ketubah.

An adult who had relations with a girl who was a minor -- less than three years and one day old (who retains her virginity in spite of sexual relations), or a boy who was a minor -- less than nine years and one day old, who had relations with an adult -- his act is not considered a sexual act, and it does not impair her virginity, and one injured by a piece of wood -- she was struck by a piece of wood, with the consequent loss of her virginity, their ketubah is two hundred -- when they wed someone else; so Rabbi Meir -- who holds that one injured by a piece of wood is considered a virgin, since she did not have sexual relations with anyone.

But the Sages say, One injured by a piece of wood, her ketubah is a maneh -- as a non virgin. The halakhah follows the Sages.

KETUBOT: CHAPTER 1: MISHNAH 4

A virgin widow, a divorced woman, and a woman who underwent halitzah after marriage -- their ketubah is a maneh, and they do not have a claim of virginity. A female, or a captive, and a bondwoman who were redeemed, or converted, set free, more than three years and one day of age -- their ketubah is a maneh, and they do not have a claim of virginity.

Kehati

We learned (mishnah 2) that erusin (betrothal) does not change a woman's "virginal" status and therefore, a woman who remarries after being widowed or divorced after erusin, is still entitled to a ketubah of two hundred.

Our mishnah, on the other hand, teaches that once a woman enters the hupah, even though there is evidence that she has not yet engaged in sexual relations, her presumed status of virginity has nevertheless been impaired. Our mishnah also teaches that a non-Jewess, a Canaanite bondwoman, and a female captive, are presumed to be non virgins. If, however, the non-Jewess converted, the Canaanite bondwoman was set free, or the female captive was redeemed while they were minors, they regain their status as virgins (see mishnah 2, above). When these changes occur after they are three years and one day old, they are presumed to be non virgins.

A virgin -- who is a -- widow, or is -- a divorced woman, and -- or is -- a woman who underwent halitzah after marriage -- i.e., she was wed but is still a virgin, their ketubah -- when they wed someone else -- is a maneh -- one hundred dinars, because after their marriage they are presumed to have engaged in sexual relations; the Jerusalem Talmud explains the reason is because she has lost her charm, and they do not have a claim of virginity -- even if the second husband married her on the assumption that she was a virgin, and did not find her a virgin, she does not lose her ketubah of one hundred.

A female convert, a captive, and a bondwoman who were redeemed, converted, or set free -- the non-Jewess who converted, and the female captive who was redeemed, and the Canaanite maidservant who was set free when they were, more than three years and one day of age -- their ketubah -- when they wed, is a maneh -- one hundred dinars, since they are presumed to be non-virgins, as was explained in the introduction to our mishnah,

And they do not have a claim of virginity -- if the husband claims that he did not find them to be virgins, they do not lose their ketubah of a maneh.

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