Shulchan Arukh Even HaEzer · Siman 68

Shulchan Arukh Even HaEzer 68 — English translation

Translation: Sefaria Community Translation. Section numbers match the Hebrew text above.

1. 1Any virgin whose Ketubah is 200 [zuz] is subject to "the claim of virginity." Any [virgin] whose Ketubah is 100 [zuz], or if she was not ordained to receive a Ketubah, is not subject to "the claim of virginity." Any man who secludes himself with his betrothed before marriage is not granted "the claim of virginity."
2. 2If the practice of the locale was to appoint witnesses to examine [the bride and groom], so that they don't employ a practice of trickery, and it happened that they did not appoint witnesses, then he cannot lodge a claim about [her] virginity.
3. 3Two signs distinguish a virgin [from a non virgin]: first, she bleeds after her initial sexual intercourse; and second, it requires pressure to penetrate her during the first sexual intercourse. A claim regarding [the absence of] blood is valid for both a young or older [virgin], but a claim that her [vaginal] passage was open is not valid for the older.
4. 4[In a case where] he claims and says, "I did not find her [to be] a virgin," and she says, "He did not [yet] have sexual relations with me and I am still a virgin," [then] we check her (over the opening of a barrel of wine (Tur)) or he secludes himself with her in front of witnesses and goes back and has intercourse.
5. 5If a man makes the 'claim of [the absence of] blood'; if she is from the Dorkati family (Rem"a: that is, "the cut off generation," the family of barren women, because of her the generation produces no children) she retains her former status. If she is not, we inspect her for perhaps some grave illness caused her to have desiccated limbs, or perhaps she was malnourished. We bring her to the bathhouse and salve her and provide her with food and drink before she has intercourse a second time, and then we see of she produces blood. If she is not ill or famished, or the like, this is a legitimate claim....
6. 6If he claims to have found an "open door" [i.e. he questions her virginity], we say to him, "Perhaps you entered at an angle, or you were not sufficiently patient, and you therefore could not feel the pressure." If he says, "That is not the case, I found an open door!" this is a legitimate claim if she has not yet reached full maturity. Some authorities say that even if she is not yet fully matures he cannot claim to found an 'open door' if he found blood. Rem"a: Some authorities say that only a [previously] married man can make the claim of an 'open door', but not a bachelor. On the contrary, we flog [a bachelor] for making the claim; since he was not previously married he is not an expert in this matter.
7. 7When they said that his claim about the virginity is a [valid] claim, if he is a priest, she is forbidden to him, and if she is the wife of an Israelite, she is permitted to him, unless her father accepted for her a betrothal at less than three years and one day of age. gloss: And some say that that, that she is forbidden when she is a wife of an Israelite is only when she does not explain herself, but if she says, 'I was raped', she is believed (Tur). And some say as well, that [it is] only when she is mature in front of us, but when she is still a child, she is not forbidden (Bet Yosef in the name of RaShi, and so it seems from the words of the Ran). And see later section 178, article 3:
8. 8Even in cases where they said the he has a legitimate claim against her virginity, she only loses the primary Ketubah; she is still given the additional amount, unless we know with a clear proof that she had previously had intercourse [before she was betrothed], or if she admits that she had intercourse before she was betrothed, and she tricked him. Therefore, he can make her take an oath while holding a sacred article, like anyone who must take an oath before collecting a sum, and then she may collect the additional amount. She should issue a generic edict of excommunication against anyone who made a false claim against her.
9. 9When he claims he did not find her a virgin, if she says I am one who has been injured by a tree', she is believed, and her marriage document returns to a maneh (100). And he should announce plainly that a man did not have intercourse with her. And if she says, 'from the time that you rendered me betrothed, I was raped', behold she is believed and her marriage document is 200, as she was. And if he claims, 'perhaps before I rendered you betrothed, you were raped, or maybe after I rendered you betrothed, you had intercourse willingly, he announces plainly against anyone who claims falsely in order to make him liable of [paying] money. Whoever makes a claim about virginity and his claim is a [valid] claim, if he wants to keep her afterwards, he writes her a marriage document of a maneh (Tur)
10. 10Until when does he have a claim of virginity, if she is concealed (with him), immediately: if she was not concealed, even after 30 days:

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