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KESUVOS 9

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SUMMARY

If a husband says that he found an opening and that his newly married wife is not a Besulah, he is believed. (1)
 
If a man claims that he was Mekadesh a woman and she denies it, he is forbidden to her relatives and she is permitted to his relatives. (2)
 
A woman who is Mezanah is forbidden to her husband only if two witnesses testify that she was Mezanah.
 
If there is Kinuy and Stirah, even if only one witness testifies that she was Mezanah, she is forbidden to her husband.
 
If a husband found that his newly married wife is not a Besulah, it is as good as two witnesses who testify that she was Mezanah. (3)
 
Bas-Sheva was permitted to David ha'Melech either because she was an Anusah, or because Uriyah gave her a conditional Get when he went to war. (4)
 
A Besulah gets married on Wednesday because we do not want to give the husband a chance to calm down, and forego going to Beis Din, in the event that she is found to have no Besulim.
 
Rav Yehudah says in the name of Shmuel that if a husband says that he found an opening, he is believed, and she does not receive her Kesuvah.
 
One who eats a Se'udah with his future in-laws in Yehudah without witnesses may not claim later that his wife has no Besulim. (5)

A BIT MORE

1. He is believed because of the concept of "Shavya a'Nafshei Chatichah d'Isura" -- he is entitled to create an Isur on himself and make her forbidden to him. However, she is only forbidden to him if he is a Kohen, because if he is a Yisrael there is a Sfek Sfeika: perhaps she was raped, and even if she was not raped, perhaps she had relations prior to the Kidushin, and she is permitted to her husband. If the father was Mekadesh her before she was three years old, she is also forbidden to him, because the relations certainly happened after the Kidushin; if the relations happened before the Kidushin, then her Besulim would have grown back. However, according to Rebbi Elazar, he is believed only regarding the Isur, but regarding the Kesuvah he is not believed and he must pay her the Kesuvah.
 
2. He claims that he was Mekadesh her in front of witnesses who have since gone overseas.
 
3. This is because it is obvious to him that she was Mezanah.
 
4. Although, normally, a woman who is Mezanah is forbidden to both her husband and to the Bo'el, if she is an Anusah she is permitted to both her husband and to the Bo'el.
 
5. In Yehudah, it was the common custom for the Chasan and Kalah to go into seclusion in the period between the Kidushin and the Nisu'in. Therefore, it was most likely his fault that she has no Besulim.

BRIEF INSIGHT

BLOOD FROM A BIRD
 
If a husband says that he found an opening and that his newly married wife is not a Besulah, he is believed. Rashi says that the reason why the man did not claim that she had no blood is because she may be from the family of Durkati who have no blood of Besulim. The Ran says that according to some opinions, even if there was blood he still may claim that she is not a Besulah and that the blood is from a bird. Even if he checked before the Bi'ah and knows for certain that she did not bring in the blood of a bird, he still may claim that the blood is not from the Besulim but it is blood from the sides, and if he is certain that there was an opening and she was not a Besulah she is forbidden to him.

QUICK HALACHAH

A CLAIM OF BESULIM
 
In a case in which the husband is believed with his claim that his wife did not have Besulim, if he is a Kohen she is forbidden to him, but if he is a Yisrael she is permitted unless she was married off by her father when she was under the age of three. (Shulchan Aruch EH 68:7)
 
Nowadays, when the Chupah is held immediately after the Kidushin and the Bi'as Mitzvah is done sometime during the Sheva Berachos, and the entire time between the Chupah and the Bi'as Mitzvah the Kalah is almost never alone, a husband who is a Kohen would not be forbidden to her if he claims that she did not have Besulim, since it is almost certain that she had relations prior to the Kidushin. (Chelkas Mechokek)

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