Chapter I

Eighteen Treatises from the Mishna, by D. A. Sola and M. J. Raphall, [1843], at sacred-texts.com

CHAPTER I.

§ 1. A virgin is espoused on the fourth day [of the week], a widow on the fifth; because in towns the Bethdin sits twice a week, [namely] on the second and on the fifth [day], so that should he [the bridegroom] have to complain of non-virginity, he [presents himself] early [the next morning] before the Bethdin.

§ 2. [If the person espoused is] a virgin, her Ketubah is two

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hundred dinar; [if] a widow, [it is] a maneh. ² A virgin [who is] a widow, or divorced, or has performed chalitza, after betrothment [only, the marriage ceremony not having been completed, or the marriage consummated, in all such cases] their Ketubah is two hundred dinar, and they are amenable to the accusation of non-virginity. ³ A proselyte, a captive, and a bondwoman, who have been ransomed, converted, or manumitted at less than three years and one day [old], their Ketubah is two hundred dinar, and they are amenable to the accusation of non-virginity.

§ 3. A minor, ⁴ with whom an adult [male] has had carnal intercourse, a nubile maiden who has had such intercourse with a minor, ⁵ and [a virgin] fractured by accident, ⁶ their Ketubah is two hundred dinar. Such is the dictum of R. Meir: but the sages hold [in the case of a virgin] fractured by accident [that] her Ketubah [is only a] maneh.

§ 4. A virgin [who is] a widow or divorced, or has performed chalitza after espousals [only, the ceremony having been completed, but the marriage not consummated, in all such cases] their Ketubah is a maneh, and they are not amenable to the accusation of non-virginity. A proselyte, a captive, and a bondwoman, who have been ransomed, converted, or manumitted at more than three years and one day [old], their Ketubah is a maneh, and they are not amenable to the accusation of non-virginity.

§ 5. He who in Judea has partaken [of the betrothment meal] at his father-in-law's without [any] witness [present], cannot prefer an accusation of non-virginity, because he was alone with her ⁷ [the bride]. A widow, whether she be [the daughter] of an Israelite or of a priest has [always] her Ketubah [of] a maneh. The sacerdotal

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[paragraph continues] Bethdin fixed the Ketubah for a virgin [of sacerdotal race] at four hundred zooz, but the sages did not [interfere to] prevent them.

§ 6. He who espouses a wife, and discovers she has not her virginity, should she say, "After thou didst betroth me ‏נאנסתי זנסתפחה שדך‎" ⁸ while he replies, "No, it is not so, but before I had betrothed thee [thou hadst lost thy virginity], consequently my bargain [with thee] was concluded in error:" ⁹ [in his case] R. Gamaliel and R. Eleazar say, "She is worthy of belief;" but R. Joshua saith, "Not by her assertion are we to be guided: she is presumed to have been deflowered previous to her betrothment, and that she deceived him, unless she adduces proof to [support her assertion]."

§ 7. Should she assert, "I have been fractured by accident," while he replies, "No, thou hast been deflowered by a man," R. Gamaliel and R. Eleazar say, "She is to be believed;" but R. Joshua saith, "Not by her assertion are we to be guided: she is presumed to have been deflowered by a man, unless she adduces proof to [support] her assertion."

§ 8. If she is seen conversing [intimately] with a man in the street, and being asked, "Who is that man?" she replies, "He is A.B., a priest [or of legitimate Israelitish descent]," R. Gamaliel and R. Eleazar say, "She is to be believed;" but R. Joshua saith, "Not by her assertion are we to be guided: she is presumed to have been deflowered ¹⁰ by a nethin or a bastard, ¹¹ unless she adduces proof to [support] her assertion."

§ 9. If she is pregnant, and being asked, "by whom?" she replies, "By NN., who is a priest," R. Gamaliel and R. Eleazar say, "She is to be believed;" ¹² but R. Joshua saith, "Not by her assertion are we to be guided: she is presumed to be pregnant by a nethin or a bastard, unless she adduces proof to [support] her assertion."

§ 10. R. José said, "It [once] happened that a girl went down

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to draw water from the fountain, and she was violated [by a person unknown]." R. Jochanan ben Nouri decided, "That if the majority of the townsmen were [of pure descent and] qualified to intermarry with the sacerdotal race, this girl might be espoused by a priest."

Footnotes

242:2 One hundred dinar; the same proportion is observed whatever be the description of coin named in the Ketubah.

242:3 Vide Deut. xxii. 13–21. If sustained it deprives them of their Ketubah.

242:4 A girl less than three years and one day old.

242:5 A boy less than nine years and one day old.

242:6 The expression of the text is ‏מכת עץ‎, one struck by a tree or wood; it means a maiden bruised or fractured [from any cause other than coition], so that the signs of virginity have disappeared.

242:7 In Judea the custom was for the father-in-law to make a repast at the time of betrothing, during which bride and bridegroom were left alone. This was done to accustom them to each others society; but the law presumes that he abused the opportunity, and therefore has no right to complain.

243:8 A figurative expression, denoting that her person (which is his possession) has become defiled.

243:9 If she was violated subsequent to the betrothment, she does not forfeit her Ketubah; whereas if it happened previously, her concealing it is held to be a fraud practised upon him, the contract which he concluded in error becomes void, and she forfeits her whole Ketubah.

243:10 A striking instance of the rigid seclusion to be observed by women in the East, and the jealous suspicions to which they are subject.

243:11 Vide Treatise Yebamoth, ch. II., § 4, note 1.

243:12 In which case she and her child—if a daughter—might marry priests, which otherwise they cannot do.