[Avodah] HaNaara

[Zev Sero]

On 16/8/21 6:31 pm, Micha Berger via Avodah wrote:
> I'm caught on the case in Devarim 22:20.
> 
> The case as described 22:13-15 is where the husband makes accusations,
> and the wife's parent prove that she was indeed a virgin when the
> marriage was consummated. And now in v. 20, "but if tne accusation
> was indeed true" she gets seqilah.
> 
> He made an accusation, they fail to bring proof. No mention of eidus,
> hasra'ah, etc...
> 
> How does the gap between TSBK and halakhah gets closed?

TSBP essentially says "chisurei mechsera vehachi katani".   It assumes 
that *of course* he has witnesses who claim to have given hasra'ah, 
because otherwise there is nothing to discuss.  Her not being a virgin 
is not really an issue; she had no obligation to be one.  Before the 
kiddushin she was free to do whatever she liked, and it was none of his 
business.  The most he could claim was a refund on the mohar, and to 
rewrite the kusuba, but that's not what he's demanding.

Specifically, it says that "ve'eileh besulei biti" does *not* refer to 
"bloody sheets" or whatever, but to witnesses who refute the husband's 
witnesses.

-- 
Zev Sero            Wishing everyone a healthy summer
zev at sero.name