Wednesday, February 11, 2015

Ketubot 5 – First cohabitation with a virgin

As mentioned before, virgins used to marry on a Wednesday – among other reasons, so that the first cohabitation with her would take place on Wednesday night, when the fish were created, who were blessed to “be fruitful and multiply and fill the waters of the sea.”

If the husband did not get a chance to do it before Shabbat, can the first cohabitation take place then? Is the blood produced by rupturing the hymen – is it considered as previously collected (which would be allowed) and is now simply released, or is it considered a wound (and thus prohibited on Shabbat)? And even if you say that the blood is considered just released – is he interested in the blood to establish her virginity, or is he preparing an opening for future cohabitations (thus making something into a vessel, which would be prohibited)? And finally, if you again take the lenient approach that he needs the blood, and the opening just happens by itself, is the law like Rabbi Shimon, that unintentional consequences are permitted, or like Rabbi Yehudah, who prohibits it?

In the academy of Rav, it was taught that Rav permits it, while Shmuel prohibits it; it came out that they followed the ruling of Rav with a benefit to themselves and allowed it. In the academy of Shmuel, they taught the opposite: that Shmuel permits it, while Rav prohibits it. Again, since they follow Shmuel, it turned out to be a lenient opinion for them.

Art: Marriage Contract by Jan Steen

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