Une vierge qui était veuve ou divorcée ou chalutzah du mariage [si elle s'est remariée sans aucun avertissement (de ce fait)] — sa kethubah est un manah [car elle est entrée dans la chuppah dans un statut de non-vierge] —et elle n'est pas sujette à une revendication de virginité. Un prosélyte, et un captif, et une esclave, qui avaient été rachetés et divorcés et libérés (quand ils étaient) plus de trois ans et un jour— leur kethubah est un manah, et ils ne sont pas soumis à une revendication de virginité.
Bartenura on Mishnah Ketubot
בתולה שהיא אלמנה או גרושה או חלוצה מן הנשואים – if she went back and got married in an undefined manner, her Ketubah is a Maneh, for she is under the presumption [of being] no longer a virgin, we confirm , when she enters the marriage canopy.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
Introduction
This mishnah teaches the opposite cases of those taught in mishnah two.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
A virgin, who was a widow, a divorcee, or a halutzah from marriage her kethubah is a maneh, and there is no claim of non-virginity upon her. The women in this mishnah have been previously married, and not merely betrothed as were the women in mishnah two. Nevertheless, they are still virgins for their husbands divorced them or died after entering the huppah (the wedding room) before having had sexual intercourse. Note that this could certainly occur if the woman was menstruating at the time of marriage. The mishnah rules that although these women are physically virgins, they are halakhically considered to be non-virgins and are treated as such. Their ketubah payment in a subsequent marriage will therefore be only a maneh and not the full 200 zuz. If their husband in a subsequent marriage marries them and finds them not to be a virgin, he cannot make a virginity claim against them. One reason that they are considered to be non-virgins is that by definition a woman who was once married can no longer be a virgin, for the word for virgin in Hebrew implies unmarried. A second reason is that although the woman claims to be a virgin, since she was married, we cannot assume that she is telling the truth.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Ketubot
A female proselyte, a woman captive and a woman slave, who have been redeemed, converted, or freed [when they were] more than three years and one day old their kethubah is a maneh, and there is no claim of non-virginity upon her. The women in this mishnah converted, were freed from slavery or were freed from captivity after the age of three years and one day. Since it is assumed that in their previous state they had sexual intercourse they cannot claim to be virgins when they grow up and get married. This is because if a girl has sexual intercourse past the age of three years her physical signs of virginity will not return (see the commentary on mishnah two).
