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b-hebrew - Re: virgin: _BETHULAH_ and/or _(ALMAH_

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  • From: Shoshanna Walker <rosewalk AT concentric.net>
  • To: b-hebrew AT franklin.oit.unc.edu
  • Subject: Re: virgin: _BETHULAH_ and/or _(ALMAH_
  • Date: Mon, 29 Jan 2001 22:18:10 -0500


At 07:53 AM 1/29/01 -0500, Shoshanna Walker wrote:
In the Ketuba, marriage contract, the word Betula refers to a woman who was not previously married.
They could have used a different word, they use this word, Betula
Shoshanna

That actually is incorrect. A ketubah which would say 'betulah' for a women who was not is probably invalid. That is because the value of the ketubah of a virgin and a non-virgin is not the same, and hence needs to be reflected in the ketubah.


Moshe, this is not correct. From all that I have researched, including, but not limited to, the consulting with rabbis during the past 27 years during which I have been writing and illuminating Ketubot, the value of the ketuba is one thing if the woman has never been previously married and is not a convert, and another thing if she is a divorcee, widow, or convert.

No one asks if she is a virgin or not. In your community it may be different, but this is not widespread, nor is it the original intent/practice of the Ketuba.

The distinction between marital status has to do with how much money she is entitled to in the case of a divorce, if she was previously married, it is assumed she has a previous divorce settlement, and therefore she is entitled, from her present husband HALF of what she would be entitled to (because she does not "need" as much as a woman who had no previous divorce settlement) if this was her first marriage. If what you say is true, then that means that she is being MONETARILY punished just for not being a virgin, this is not just, nor was it intended, nor does it have anything to do with the purpose of the Ketuba.

The original purpose of the institution of the Ketuba is to provide a deterrant against divorce by the husband (who previously, according to Torah, had only to tell her to leave, without providing anything to help her care for herself, by herself, without him), and security for the woman if she does become divorced.

Although it is assumed that a woman is a virgin at the time of her first marriage, whether or not she really is a virgin at the time of marriage is NOT relevant, according to the provisions of Ketuba.

HOWEVER, if the bride, even though she was never before married, happens to have a child, and then it is obvious to all, that she is not a virgin, Rav Riskin has ruled that she cannot write "betula" in the Ketuba, and she should write "Itteta" (Aramaic for "woman") instead.

I have researched this extensively.

Shoshanna






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