Responsa for Ketubot 143:13
לא צריכא דאמרה ליה פלוני חכם טיהר לי את הדם ואזל שייליה ואשתכח שיקרא ואיבעית אימא כדרב יהודה דאמר רב יהודה הוחזקה נדה בשכינותיה בעלה לוקה עליה משום נדה:
It was necessary only in the case where she said to her husband, “So-and-so the sage told me that the blood was clean,” and when her husband went and asked him it was found that her statement was untrue. If you prefer I might say in accordance with the ruling of Rav Judah, for R. Judah said: If a woman was known among her neighbors to be a menstruant her husband is flogged on her account for [having intercourse with] a menstruant.
Teshuvot Maharam
Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
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Teshuvot Maharam
Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
Ask RabbiBookmarkShareCopy
Teshuvot Maharam
Q. A minor orphan girl was betrothed to A. She wants to exercise the right of "Refusal" (סירוב). May the testimony of female witnesses be accepted that the girl is only eleven years old and, therefore, may still exercise the right of "Refusal"?
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
A. The mere ceremony of betrothal, without cohabitation, is binding only because of Rabbinic enactment, but is not binding according to Biblical law. The testimony of women is acceptable in the annulment of a marriage that is valid only according to Rabbinic enactment. Therefore, since A did not cohabit with the orphan, the testimony of the female witnesses is to be admitted in evidence.
SOURCES: Cr. 286; Pr. 569; L. 389; Mord. Yeb. 60, 61; Tesh. Maim. to Nashim, 14.
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