והדר ביה רבא דתניא כיצד הוצאת שם רע בא לבית דין ואמר פלוני לא מצאתי לבתך בתולים אם יש עדים שזינתה תחתיו יש לה כתובה מנה אם יש עדים שזינתה תחתיו בת סקילה היא הכי קאמר אם יש עדים שזינתה תחתיו בסקילה זינתה מעיקרא יש לה כתובה מנה
Rava changed his opinion, for it has been taught: How does the bringing out of an evil name take place? He comes to court and says, “I, So-and-so, have not found your daughter to be a virgin.” If there are witnesses that she fornicated while betrothed to him, she gets a ketubah of a maneh. If there are witnesses that she fornicated while betrothed to him, she is to be stoned! It means this: If there are witnesses that she fornicated while betrothed to him, she is to be stoned; if she fornicated before the betrothal, she gets a ketubah of a maneh.
Tosefta Ketubot
[Translating from Lieberman over printed edition here:] If he took her in under the presumption that she was fit to have children but it turned out that she was unable to bear children (sic!, Lieberman corrects: under the presumption that she was a virgin but it turned out that she had had sex), even if she had secret contact [with a man that her husband had warned her not to be alone with, part of the legal process of declaring her a sotah] and there are witnesses that she was not secluded with him with enough time for sex, her second husband is not able to claim a virginity claim; therefore, her ketubah is only 100 zuz. Virginity claims have a time limit of 30 days—words of Rabbi Meir. Rabbi Yose says: If she had secret contact [with a warned man], then [the claim can and should be brought] immediately; if she had no secret contact, then even after 30 days.
Ask RabbiBookmarkShareCopy
