From: Shoshanna Walker <rosewalk AT concentric.net>
To: "b-hebrew" <b-hebrew AT lists.ibiblio.org>
Subject: [b-hebrew] virginity
Date: Thu, 19 Jul 2007 19:47:57 -0400
Everything you quote below still supports what I wrote earlier - that
the issue is whether she misrepresented herself or not before she got
"betrothed". The issue is not whether or not she slept with another
man before she got "betrothed", but whether she deceived her husband
or not ("bargain made in error"), and told him she had never had sex
with another man when she did, and this was relevant re: whether she
was entitled to her divorce settlement or not - in this case, from a
man who had taken a disliking to her after marriage and was trying to
get rid of her without having to pay the settlement. If she really
did deceive him, it would be a good excuse to try to say that she was
raped after she was betrothed, so an investigation has to be made.
Shoshanna
Shoshanna,
I considered the possibility that someone might argue "that SHE HAD
COHABITED WITH ANOTHER MAN AFTER KIDDUSHIN." That's why I looked it
up in the Mishnah before commenting. Note Ketuboth 1:6,
"He who marries a woman and did not find tokens of virginity- `she
says, "After you betrothed me, I was raped, and your field has been
flooded," `and he says, "Not so, but it was before I betrothed you,
and my purchase was a bargain made in error"- `Rabban Gamaliel and
R. Eliezer say, "She is believed." `R. Joshua says, "We do not depend
on her testimony. But lo, she remains in the assumption of having
had sexual relations before she was betrothed and of having
deceived him, `"until she brings evidence to back up her
[contrary] claim."
This passage makes it evident that this law was applied to any sexual
relationship prior to the consummation with her husband.
I have to wonder if we are imposing modern standards on these
passages. Edwin Yamauchi wrote an article entitled Cultural Aspects
of Marriage in the Ancient World for Bibliotheca Sacra in 1978. He
noted, "In the Jewish Talmud marriage was recommended for girls at
the age of puberty, which would be at twelve or twelve and one-half
(Yeb. 62b). Males were advised to marry between fourteen and
eighteen. In Talmudic law a girl before the age of twelve and
one-half could not refuse a marriage decided on by her father. After
that age her assent was essential (Kidd. 2b). Sepulchral
inscriptions of Jewish families buried in the catacombs at Rome give
the actual ages of brides in six cases; two married at twelve, two at
fifteen, one between fifteen and sixteen, and one between sixteen and
seventeen."
I should hope that it was considered normal for these girls to enter
marriage as virgins.