Ketubot No.1: Body Politics

PART ONE

בְּתוּלָה נִשֵּׂאת לַיּוֹם הָרְבִיעִי וְאַלְמָנָה לַיּוֹם הַחֲמִישִׁי. שֶׁפַּעֲמַיִם בְּשַׁבָּת בָּתֵּי דִינִין יוֹשְׁבִין בָּעֲיָירוֹת: בַּיּוֹם הַשֵּׁנִי וּבַיּוֹם הַחֲמִישִׁי, שֶׁאִם הָיָה לוֹ טַעֲנַת בְּתוּלִים, הָיָה מַשְׁכִּים לְבֵית דִּין.
MISHNA: A virgin is married on Wednesday and a widow on Thursday. The reason for the former is that twice a week courts convene in the towns, on Monday and Thursday, so that if the husband had a claim concerning the bride’s virginity when consummating the marriage on Wednesday night, he would go early the next day to court and make his claim.

Virginity in the Babylonian Talmud: Sex, Identity, and Epistemology

Dr. Rebecca Kamholz

This dissertation examines virginity as a legal, social, physiological, and epistemological concept in the Babylonian Talmud. It employs text critical methodologies as well as contemporary critical and gender theory to track and describe the legal construction of female virginity in the classical rabbinic literature of the 2nd- 7th centuries C.E, particularly the Babylonian Talmud. Relevant sources are analyzed along 4 major themes. 1: The development of bodily expertise as a religious, scholarly, and interpretive pursuit, and the textual construction of Jewish sexual bodies. 2: Construction of the female body as an epistemological object, and the paradox of female inferiority. 3: The problem of violence and subjectivity in a penetrative sexual economy. 4: Producing queer encounters; sexual and legal epistemology when sex is identity.

Carnal Israel: Reading Sex in Talmudic Culture
Daniel Boyarin

Beginning with a startling endorsement of the patristic view of Judaism—that it was a "carnal" religion, in contrast to the spiritual vision of the Church—Daniel Boyarin argues that rabbinic Judaism was based on a set of assumptions about the human body that were profoundly different from those of Christianity. The body—specifically, the sexualized body—could not be renounced, for the Rabbis believed as a religious principle in the generation of offspring and hence in intercourse sanctioned by marriage.

This belief bound men and women together and made impossible the various modes of gender separation practiced by early Christians. The commitment to coupling did not imply a resolution of the unequal distribution of power that characterized relations between the sexes in all late-antique societies. But Boyarin argues strenuously that the male construction and treatment of women in rabbinic Judaism did not rest on a loathing of the female body. Thus, without ignoring the currents of sexual domination that course through the Talmudic texts, Boyarin insists that the rabbinic account of human sexuality, different from that of the Hellenistic Judaisms and Pauline Christianity, has something important and empowering to teach us today.

Menstrual Purity: Rabbinic and Christian Reconstructions of Biblical Gender

Charlotte Elisheva Fonrobert

Perhaps more than any other aspect of rabbinic literature, the laws about and discussions of menstruation have polarized current discussions of gender relations in Jewish culture. Is the designated impurity of menstruation sexist? Or does ritual absence from sex during menstruation encourage a rhythmic reaffirmation of conjugal intimacy?

This book offers a new perspective on the extensive rabbinic discussions of menstrual impurity, female physiology, and anatomy, and on the social and religious institutions those discussions engendered. It analyzes the functions of these discussions within the larger textual world of rabbinic literature and in the context of Jewish and Christian culture in late antiquity.

How did gender work—how was it made to work—in rabbinic literature? How did that literature dictate the place of women in Jewish culture? In search of answers to these questions, the author analyzes the architectural metaphors deployed to describe female anatomy, arguing that this discursive construction operated culturally to associate women with the home and exclude them from rabbinic study halls.

The author shows that rabbinic discourse is not completely controlled by rabbinic ideology, however. She analyzes talmudic discussions that allow alternative gender perspectives to emerge, indicating that women and their bodies were not completely objectified. This suggests that the Babylonian Talmud does not present a completely homogeneous gender structure, but contains a number of different, sometimes contradictory, possibilities.

The book concludes with a study of early Christian texts that relate to the same biblical laws on menstrual impurity as rabbinic texts, focusing in particular on a Jewish-Christian text in which the anonymous author polemicizes against Jewish women converts who remain attached to the biblical laws. This text allows us to reconstruct women’s perspectives on the inscription of religious meaning onto their bodies and physiological processes.

Jews, Gentiles, and Other Animals: The Talmud After the Humanities

Mira Wasserman

In Jews, Gentiles, and Other Animals, Mira Beth Wasserman undertakes a close reading of Avoda Zara, arguably the Talmud's most scandalous tractate, to uncover the hidden architecture of this classic work of Jewish religious thought. She proposes a new way of reading the Talmud that brings it into conversation with the humanities, including animal studies, the new materialisms, and other areas of critical theory that have been reshaping the understanding of what it is to be a human being.

Even as it comments on the the rabbinic laws that govern relations between Jews and non-Jews, Avoda Zara is also an attempt to reflect on what all people share in common, and on how humans fit into a larger universe of animals and things. As is typical of the Talmud in general, it proceeds by incorporating a vast and confusing array of apparently digressive materials, but Wasserman demonstrates that there is a whole greater than the sum of the parts, a sustained effort to explore human identity and difference.

In centuries past, Avoda Zara has been a flashpoint in Jewish-Christian relations. It was partly due to its content that the Talmud was subject to burning and censorship by Christian authorities. Wasserman develops a twenty-first-century reading of the tractate that aims to reposition it as part of a broader quest to understand what connects human beings to each other and to the world around them.

Signs of Virginity: Testing Virgins and Making Men in Late Antiquity

Michael Rosenberg

Although the theme of bloodied nuptial sheets seems pervasive in western culture, its association with female virginity is uniquely tied to a brief passage in the book of Deuteronomy detailing the procedure for verifying a young woman's purity; it seldom, if ever, appears outside of Abrahamic traditions. In Signs of Virginity, Michael Rosenberg examines the history of virginity testing in Judaism and early Christianity, and the relationship of these tests to a culture that encourages male sexual violence.

Deuteronomy's violent vision of virginity has held sway in Jewish and Christian circles more or less ever since. However, Rosenberg points to two authors-the rabbinic collective that produced the Babylonian Talmud and the early Christian thinker Augustine of Hippo-who, even as they perpetuate patriarchal assumptions about female virginity, nonetheless attempt to subvert the emphasis on sexual dominance bequeathed to them by Deuteronomy. Unlike the authors of earlier Rabbinic and Christian texts, who modified but fundamentally maintained and even extended the Deuteronomic ideal, the Babylonian Talmud and Augustine both construct alternative models of female virginity that, if taken seriously, would utterly reverse cultural ideals of masculinity. Indeed this vision of masculinity as fundamentally gentle, rather than characterized by brutal and violent sexual behavior, fits into a broader idealization of masculinity propagated by both authors, who reject what Augustine called a "lust for dominance" as a masculine ideal.

The Vestal virgin Tuccia being inspected while carrying water in a sieve to prove her chastity.

Etching by P.W. Tomkins,1798, after Sir J. Reynolds.

source

(יג) כִּֽי־יִקַּ֥ח אִ֖ישׁ אִשָּׁ֑ה וּבָ֥א אֵלֶ֖יהָ וּשְׂנֵאָֽהּ׃ (יד) וְשָׂ֥ם לָהּ֙ עֲלִילֹ֣ת דְּבָרִ֔ים וְהוֹצִ֥א עָלֶ֖יהָ שֵׁ֣ם רָ֑ע וְאָמַ֗ר אֶת־הָאִשָּׁ֤ה הַזֹּאת֙ לָקַ֔חְתִּי וָאֶקְרַ֣ב אֵלֶ֔יהָ וְלֹא־מָצָ֥אתִי לָ֖הּ בְּתוּלִֽים׃ (טו) וְלָקַ֛ח אֲבִ֥י הַֽנַּעֲרָ֖ וְאִמָּ֑הּ וְהוֹצִ֜יאוּ אֶת־בְּתוּלֵ֧י הַֽנַּעֲרָ֛ אֶל־זִקְנֵ֥י הָעִ֖יר הַשָּֽׁעְרָה׃ (טז) וְאָמַ֛ר אֲבִ֥י הַֽנַּעֲרָ֖ אֶל־הַזְּקֵנִ֑ים אֶת־בִּתִּ֗י נָתַ֜תִּי לָאִ֥ישׁ הַזֶּ֛ה לְאִשָּׁ֖ה וַיִּשְׂנָאֶֽהָ׃ (יז) וְהִנֵּה־ה֡וּא שָׂם֩ עֲלִילֹ֨ת דְּבָרִ֜ים לֵאמֹ֗ר לֹֽא־מָצָ֤אתִי לְבִתְּךָ֙ בְּתוּלִ֔ים וְאֵ֖לֶּה בְּתוּלֵ֣י בִתִּ֑י וּפָֽרְשׂוּ֙ הַשִּׂמְלָ֔ה לִפְנֵ֖י זִקְנֵ֥י הָעִֽיר׃ (יח) וְלָ֥קְח֛וּ זִקְנֵ֥י הָֽעִיר־הַהִ֖וא אֶת־הָאִ֑ישׁ וְיִסְּר֖וּ אֹתֽוֹ׃ (יט) וְעָנְשׁ֨וּ אֹת֜וֹ מֵ֣אָה כֶ֗סֶף וְנָתְנוּ֙ לַאֲבִ֣י הַֽנַּעֲרָ֔ה כִּ֤י הוֹצִיא֙ שֵׁ֣ם רָ֔ע עַ֖ל בְּתוּלַ֣ת יִשְׂרָאֵ֑ל וְלֽוֹ־תִהְיֶ֣ה לְאִשָּׁ֔ה לֹא־יוּכַ֥ל לְשַׁלְּחָ֖הּ כׇּל־יָמָֽיו׃ {ס} (כ) וְאִם־אֱמֶ֣ת הָיָ֔ה הַדָּבָ֖ר הַזֶּ֑ה לֹא־נִמְצְא֥וּ בְתוּלִ֖ים לַֽנַּעֲרָֽ׃ (כא) וְהוֹצִ֨יאוּ אֶת־הַֽנַּעֲרָ֜ אֶל־פֶּ֣תַח בֵּית־אָבִ֗יהָ וּסְקָל֩וּהָ֩ אַנְשֵׁ֨י עִירָ֤הּ בָּאֲבָנִים֙ וָמֵ֔תָה כִּֽי־עָשְׂתָ֤ה נְבָלָה֙ בְּיִשְׂרָאֵ֔ל לִזְנ֖וֹת בֵּ֣ית אָבִ֑יהָ וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּֽךָ׃ {ס}
(13) A householder takes a woman [as his wife] and cohabits with her. Then he takes an aversion to her (14) and makes up charges against her and defames her, saying, “This is the party I took [to wife]; but when I approached her, I found that she was not a virgin.” (15) In such a case, the girl’s father and mother shall produce the evidence of the girl’s virginity before the elders of the town at the gate. (16) And the girl’s father shall say to the elders, “To this party I gave my own daughter to wife, but he has taken an aversion to her; (17) so he has made up charges, saying, ‘I did not find your daughter a virgin.’ But here is the evidence of my daughter’s virginity!” And they shall spread out the cloth before the elders of the town. (18) The elders of that town shall then take that party and flog him, (19) and they shall fine him a hundred [shekels of] silver and give it to the girl’s father; for [that householder] has defamed a virgin in Israel. Moreover, she shall remain his wife; he shall never have the right to divorce her. (20) But if the charge proves true, the girl was found not to have been a virgin, (21) then the girl shall be brought out to the entrance of her father’s house, and her town’s council shall stone her to death; for she did a shameful thing in Israel, committing fornication while under her father’s authority. Thus you will sweep away evil from your midst.
הַהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבָּן גַּמְלִיאֵל בַּר רַבִּי, אֲמַר לֵיהּ: רַבִּי, בָּעַלְתִּי וְלֹא מָצָאתִי דָּם. אֲמַרָה לֵיהּ: רַבִּי, עֲדַיִין בְּתוּלָה אֲנִי. אָמַר לָהֶן: הָבִיאוּ לִי שְׁתֵּי שְׁפָחוֹת, אַחַת בְּתוּלָה וְאַחַת בְּעוּלָה. הֵבִיאוּ לוֹ, וְהוֹשִׁיבָן עַל פִּי חָבִית שֶׁל יַיִן, בְּעוּלָה — רֵיחָהּ נוֹדֵף, בְּתוּלָה — אֵין רֵיחָהּ נוֹדֵף. אַף זוֹ הוֹשִׁיבָה וְלֹא הָיָה רֵיחָהּ נוֹדֵף. אָמַר לוֹ: לֵךְ זְכֵה בְּמִקָּחֶךָ.
The Gemara relates: A certain man who came before Rabban Gamliel bar Rabbi Yehuda HaNasi said to him: My teacher, I engaged in intercourse and did not find blood. The bride said to him: My teacher, I am still a virgin. Rabban Gamliel bar Rabbi Yehuda HaNasi said to them: Bring me two maidservants, one a virgin and one a non-virgin, to conduct a trial. They brought him the two maidservants, and he seated them on the opening of a barrel of wine. From the non-virgin, he discovered that the scent of the wine in the barrel diffuses from her mouth; from the virgin he discovered that the scent does not diffuse from her mouth. Then, he also seated that bride on the barrel, and the scent of the wine did not diffuse from her mouth. Rabban Gamliel bar Rabbi Yehuda HaNasi said to the groom: Go take possession of your acquisition, as she is a virgin.
מַתְנִי׳ בְּתוּלָה — כְּתוּבָּתָהּ מָאתַיִם, וְאַלְמָנָה — מָנֶה. בְּתוּלָה, אַלְמָנָה, גְּרוּשָׁה וַחֲלוּצָה מִן הָאֵירוּסִין — כְּתוּבָּתָן מָאתַיִם, וְיֵשׁ לָהֶן טַעֲנַת בְּתוּלִים.
MISHNA: With regard to a virgin, her marriage contract is two hundred dinars, and with regard to a widow, her marriage contract is one hundred dinars. With regard to a virgin who is a widow, a divorcée, or a ḥalutza who achieved that status from a state of betrothal, before marriage and before consummation of the marriage, for all of these their marriage contract is two hundred dinars, and they are subject to a claim concerning their virginity, as their presumptive status of virginity is intact.
מַתְנִי׳ הַגָּדוֹל שֶׁבָּא עַל הַקְּטַנָּה וְקָטָן שֶׁבָּא עַל הַגְּדוֹלָה וּמוּכַּת עֵץ — כְּתוּבָּתָן מָאתַיִם, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים: מוּכַּת עֵץ כְּתוּבָּתָהּ מָנֶה. בְּתוּלָה, אַלְמָנָה, גְּרוּשָׁה וַחֲלוּצָה מִן הַנִּישּׂוּאִין — כְּתוּבָּתָן מָנֶה. וְאֵין לָהֶן טַעֲנַת בְּתוּלִים. הַגִּיּוֹרֶת וְהַשְּׁבוּיָה וְהַשִּׁפְחָה שֶׁנִּפְדּוּ וְשֶׁנִּתְגַּיְּירוּ וְשֶׁנִּשְׁתַּחְרְרוּ, יְתֵירוֹת עַל בְּנוֹת שָׁלֹשׁ שָׁנִים וְיוֹם אֶחָד — כְּתוּבָּתָן מָנֶה, וְאֵין לָהֶן טַעֲנַת בְּתוּלִין.
MISHNA: With regard to an adult man who engaged in intercourse with a minor girl less than three years old; or a minor boy less than nine years old who engaged in intercourse with an adult woman; or a woman who had her hymen ruptured by wood or any other foreign object, for all these women their marriage contract is two hundred dinars, as their legal status is that of a virgin. This is the statement of Rabbi Meir. And the Rabbis say: The marriage contract of a woman whose hymen was ruptured by wood is one hundred dinars, as physically, since her hymen is not intact, she is no longer a virgin. With regard to a virgin who is either a widow, a divorcée, or a ḥalutza who achieved that status from a state of marriage, for all these women their marriage contract is one hundred dinars, and they are not subject to a claim concerning their virginity. Since they were married, even if they did not engage in intercourse with their husband, their presumptive status is that of non-virgins, and the second husband cannot claim that he was misled with regard to their status as virgins. And similarly, with regard to a female convert, or a captive woman, or a maidservant, who were ransomed with regard to the captive, or who converted with regard to the convert, or who were freed with regard to the maidservant, when she was more than three years and one day old, for all of these, their marriage contract is one hundred dinars and they are not subject to a claim concerning their virginity. When they married, their presumptive status was that of a non-virgin.
לֵימָא מְסַיַּיע לֵיהּ: הַגִּיּוֹרֶת וְהַשְּׁבוּיָה וְהַשִּׁפְחָה שֶׁנִּפְדּוּ וְשֶׁנִּתְגַּיְּירוּ וְשֶׁנִּשְׁתַּחְרְרוּ, פְּחוּתוֹת מִבְּנוֹת שָׁלֹשׁ שָׁנִים וְיוֹם אֶחָד. מַאי לָאו, דְּאַטְבְּלִינְהוּ עַל דַּעַת בֵּית דִּין? לָא, הָכָא בְּמַאי עָסְקִינַן: בְּגֵר שֶׁנִּתְגַּיְּירוּ בָּנָיו וּבְנוֹתָיו עִמּוֹ, דְּנִיחָא לְהוּ בְּמַאי דְּעָבֵיד אֲבוּהוֹן. אָמַר רַב יוֹסֵף: הִגְדִּילוּ — יְכוֹלִין לְמַחוֹת. אֵיתִיבֵיהּ אַבָּיֵי: הַגִּיּוֹרֶת וְהַשְּׁבוּיָה וְהַשִּׁפְחָה שֶׁנִּפְדּוּ וְשֶׁנִּתְגַּיְּירוּ וְשֶׁנִּשְׁתַּחְרְרוּ, פְּחוּתוֹת מִבְּנוֹת שָׁלֹשׁ שָׁנִים וְיוֹם אֶחָד — כְּתוּבָּתָן מָאתַיִם. וְאִי סָלְקָא דַעְתָּךְ הִגְדִּילוּ יְכוֹלִין לְמַחוֹת — יָהֲבִינַן לַהּ כְּתוּבָה דְּאָזְלָה וְאָכְלָה בְּגֵיוּתַהּ?
The Gemara suggests: Let us say that the mishna supports Rav Huna’s statement: With regard to a female convert, or a captive woman, or a maidservant, who were ransomed with regard to the captive, or who converted with regard to the convert, or who were freed with regard to the maidservant, when she was less than three years and one day old; what, is it not referring to a case where they immersed the minor converts and the maidservants with the consent of the court? Apparently, a conversion of that sort is valid. The Gemara rejects that proof: No, with what are we dealing here? It is with a convert whose minor sons and daughters converted with him, as they are content with whatever their father does in their regard. However, that does not apply to a child who is converting on his own. Rav Yosef said: In any case where minors convert, when they reach majority they can protest and annul their conversion. Abaye raised an objection to his opinion from the mishna: With regard to a female convert, or a captive woman, or a maidservant who were ransomed, or who converted, or who were freed when they were less than three years and one day old, their marriage contract is two hundred dinars. And if it enters your mind to say that when they reach majority they can protest and annul their conversion, do we give her the payment of the marriage contract that she will go and consume in her gentile state?
גְּמָ׳ אָמַר רַב יְהוּדָה אָמַר רַב: קָטָן הַבָּא עַל הַגְּדוֹלָה — עֲשָׂאָהּ מוּכַּת עֵץ. כִּי אַמְרִיתַהּ קַמֵּיהּ דִּשְׁמוּאֵל, אָמַר: אֵין מוּכַּת עֵץ בְּבָשָׂר. אִיכָּא דְּמַתְנֵי לַהּ לְהָא שְׁמַעְתָּא בְּאַפֵּי נַפְשַׁהּ: קָטָן הַבָּא עַל הַגְּדוֹלָה, רַב אָמַר: עֲשָׂאָהּ מוּכַּת עֵץ, וּשְׁמוּאֵל אָמַר: אֵין מוּכַּת עֵץ בְּבָשָׂר. מֵתִיב רַב אוֹשַׁעְיָא: גָּדוֹל שֶׁבָּא עַל הַקְּטַנָּה, וְקָטָן הַבָּא עַל הַגְּדוֹלָה, וּמוּכַּת עֵץ — כְּתוּבָּתָן מָאתַיִם, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים: מוּכַּת עֵץ כְּתוּבָּתָהּ מָנֶה.
GEMARA: Rav Yehuda said that Rav said: A minor boy who engaged in intercourse with an adult woman renders her as one whose hymen was ruptured by wood, as the act is not considered full-fledged intercourse. Rav Yehuda continues: When I said this statement before Shmuel, he said to me: A woman does not achieve the status of one whose hymen was ruptured by wood by means of flesh, i.e., intercourse. Some teach this halakha independent of Rav Yehuda: With regard to a minor boy who engaged in intercourse with an adult woman, Rav said: He renders her as one whose hymen was ruptured by wood. And Shmuel said: A woman does not achieve the status of one whose hymen was ruptured by wood by means of flesh. Rav Oshaya raised an objection to the opinion of Rav from the mishna: With regard to an adult man who engaged in intercourse with a minor girl less than three years old, or a minor boy less than nine years old who engaged in intercourse with an adult woman, or a woman who had her hymen ruptured by wood or any other foreign object, the marriage contract for each of these women is two hundred dinars. This is the statement of Rabbi Meir. And the Rabbis say: The marriage contract of a woman whose hymen was ruptured by wood is one hundred dinars. Contrary to Rav’s opinion, the Rabbis distinguish between the halakha in the case of the intercourse of a minor boy and the halakha in the case of a woman whose hymen was ruptured by wood.
פחות מכאן כנותן אצבע בעין איבעיא להו הני בתולין מיזל אזלי ואתו או דלמא אתצודי הוא דלא מתצדי עד לאחר ג'
§ The last clause of the mishna teaches that if the girl is less than that age, i.e., younger than three years and one day, the status of intercourse with her is like placing a finger into the eye. A dilemma was raised before the Sages: What happens to this hymen, i.e., to the hymen of a girl under three with whom a man engaged in intercourse? Does it disappear and come back again later, or perhaps it is not removed at all until after she reaches the age of three?
ת"ר מעשה ביוסטני בתו של אסוירוס בן אנטנינוס שבאת לפני רבי אמרה לו רבי אשה בכמה ניסת אמר לה בת ג' שנים ויום אחד ובכמה מתעברת אמר לה בת י"ב שנה ויום אחד אמרה לו אני נשאתי בשש וילדתי בשבע אוי לשלש שנים שאבדתי בבית אבא ומי מעברה והתני רב ביבי קמיה דרב נחמן ג' נשים משמשות במוך קטנה מעוברת ומניקה קטנה שמא תתעבר ותמות מעוברת שמא תעשה עוברה סנדל מניקה שמא תגמול את בנה וימות ואיזוהי קטנה מבת י"א שנה ויום אחד ועד י"ב שנה ויום אחד פחות מכאן או יתר על כן משמשת והולכת דברי ר"מ וחכ"א אחת זו ואחת זו משמשת כדרכה והולכת ומן השמים ירחמו שנאמר (תהלים קטז, ו) שומר פתאים ה' איבעית אימא (יחזקאל כג, כ) אשר בשר חמורים בשרם ואיבעית אימא (תהלים קמד, ח) אשר פיהם דבר שוא וימינם ימין שקר
§ The Sages taught in a baraita: There was an incident involving a gentile woman called Yusteni, the daughter of Asveirus, son of Antoninus, a Roman emperor, who came before Rabbi Yehuda HaNasi. She said to him: My teacher, at what age is a woman fit to marry, i.e., at what age is it appropriate for a woman to engage in intercourse, which would therefore be the appropriate time to marry? Rabbi Yehuda HaNasi said to her: She must be at least three years and one day old. Yusteni further inquired: And at what age is she fit to become pregnant? Rabbi Yehuda HaNasi said to her: When she is at least twelve years and one day old. She said to him: I married when I was six, and gave birth a year later, when I was seven. Woe for those three years, between the age of three, when I was fit for intercourse, and the age of six, when I married, as I wasted those years in my father’s house by not engaging in intercourse. The Gemara asks: And can a minor of that age become pregnant? But didn’t Rav Beivai teach a baraita before Rav Naḥman: Three women may engage in intercourse while using a contraceptive absorbent cloth, a soft fabric placed at the entrance to the womb to prevent conception, despite the fact that this practice generally is prohibited. They are a minor; a pregnant woman; and a nursing woman. The baraita specifies the reason for allowing these women to use contraceptive absorbent cloths: A minor, lest she become pregnant and perhaps die from this pregnancy; a pregnant woman, lest she be impregnated a second time and her older fetus become deformed into the shape of a sandal fish, by being squashed by the pressure of the second fetus; and a nursing woman, lest she become pregnant and her milk dry up, in which case she weans her son too early, thereby endangering him, and he dies. The baraita continues: And who is considered a minor? It is a girl from the age of eleven years and one day until the age of twelve years and one day. If she was younger than that or older than that, she may go ahead and engage in intercourse in her usual manner, i.e., without contraception. This is the statement of Rabbi Meir. Since it is assumed that a minor who is less than eleven years old cannot become pregnant, she is considered to be in no danger. And the Rabbis say: Both in this case of a minor girl who can become pregnant and in that case of a minor girl who cannot become pregnant, she may go ahead and engage in intercourse in her usual manner, and Heaven will have mercy upon her and prevent any mishap, as it is stated: “The Lord preserves the simple” (Psalms 116:6). In light of the statement of Rabbi Meir, how could Yusteni have become pregnant at age seven? The Gemara answers: If you wish, say that Yusteni was able to become pregnant at such a young age because she was a gentile, and the verse states with regard to gentiles: “Their flesh is the flesh of donkeys” (Ezekiel 23:20). And if you wish, say instead that Yusteni was lying when she said she became pregnant at age seven, as it is stated with regard to gentiles: “Whose mouth speaks falsehood, and their right hand is a right hand of lying” (Psalms 144:8).
הַהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבָּן גַּמְלִיאֵל הַזָּקֵן, אָמַר לוֹ: רַבִּי, בָּעַלְתִּי וְלֹא מָצָאתִי דָּם, אָמְרָה לוֹ: רַבִּי, מִמִּשְׁפַּחַת דּוֹרְקְטִי אֲנִי, שֶׁאֵין לָהֶן לֹא דַּם נִדָּה וְלֹא דַּם בְּתוּלִים. בָּדַק רַבָּן גַּמְלִיאֵל בִּקְרוֹבוֹתֶיהָ, וּמָצָא כִּדְבָרֶיהָ. אָמַר לוֹ: לֵךְ זְכֵה בְּמִקָּחֶךָ, אַשְׁרֶיךָ שֶׁזָּכִיתָ לְמִשְׁפַּחַת דּוֹרְקְטִי. מַאי ״דּוֹרְקְטִי״ — דּוֹר קָטוּעַ. אָמַר רַבִּי חֲנִינָא: תַּנְחוּמִים שֶׁל הֶבֶל נִיחֲמוֹ רַבָּן גַּמְלִיאֵל לְאוֹתוֹ הָאִישׁ. דְּתָנֵי רַבִּי חִיָּיא: כְּשֵׁם שֶׁהַשְּׂאוֹר יָפֶה לְעִיסָּה, כָּךְ דָּמִים יָפִים לָאִשָּׁה. וְתָנָא מִשּׁוּם רַבִּי מֵאִיר: כׇּל אִשָּׁה שֶׁדָּמֶיהָ מְרוּבִּין — בָּנֶיהָ מְרוּבִּים. אִתְּמַר. רַבִּי יִרְמְיָה בַּר אַבָּא אָמַר: ״זְכֵה בְּמִקָּחֶךָ״ אֲמַר לֵיהּ, וְרַבִּי יוֹסֵי בַּר אָבִין אָמַר: ״נִתְחַיַּיבְ[תָּ] בְּמִקָּחֶךָ״ אֲמַר לֵיהּ. בִּשְׁלָמָא לְמַאן דְּאָמַר ״נִתְחַיַּיבְ[תָּ]״ — הַיְינוּ דְּרַבִּי חֲנִינָא. אֶלָּא לְמַאן דְּאָמַר ״זְכֵה״, מַאי זְכוּתָא? דְּלָא אָתֵי לִידֵי סְפֵק נִדָּה.
The Gemara relates: A certain man who came before Rabban Gamliel the Elder said to him: My teacher, I engaged in intercourse and did not find blood. The bride said to him: My teacher, I am from the family of Dorketi, who have neither menstrual blood nor blood from the rupture of the hymen. Rabban Gamliel investigated among her relatives to determine whether the claim with regard to her family was true, and discovered that the truth was in accordance with her statement. He said to him: Go take possession of your acquisition. Happy are you that you were privileged to marry a member of the Dorketi family, as those forms of blood will never pose a problem for you. The Gemara elaborates: What is the meaning of Dorketi? It means truncated generation [dor katua]. Rabbi Ḥanina said: Rabban Gamliel consoled that man with vain words of consolation, because the absence of blood in this woman is a drawback. As Rabbi Ḥiyya taught: Just as leaven is fortuitous for dough, so too, blood is fortuitous for a woman. And it was taught in the name of Rabbi Meir: Any woman whose blood is plentiful, her children are plentiful. This bride, who lacks blood, will not produce many children. It was stated that there is a dispute with regard to Rabban Gamliel’s reply. Rabbi Yirmeya bar Abba said that Rabban Gamliel said to the groom: Exercise your privilege and take possession of your acquisition. And Rabbi Yosei bar Avin said that Rabban Gamliel said to him: It is your misfortune to take possession of your acquisition. Granted, according to the one who says: It is your misfortune, that is in accordance with the opinion of Rabbi Ḥanina, who said the consolation was vain. However, according to the one who says: Exercise your privilege, what is the privilege to which he is referring? The Gemara answers: The privilege is that thanks to the condition of the women of this family, he will not come to a situation of uncertainty whether she has the halakhic status of a menstruating woman.
הַהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַב נַחְמָן, אֲמַר לֵיהּ: פֶּתַח פָּתוּחַ מָצָאתִי. אֲמַר לֵיהּ רַב נַחְמָן: אַסְּבוּהוּ כּוּפְרֵי, מְבָרַכְתָּא חֲבִיטָא לֵיהּ?
§ The Gemara relates: A certain man who had never been married came before Rav Naḥman and said to him: I encountered an unobstructed orifice when I consummated the marriage. Rav Naḥman said in his regard: Flog him with palm branches [kufrei]; prostitutes [mevarakhta] are common around him. As he was never previously married, how was he able to determine whether or not the orifice was unobstructed, if he did not gain experience with prostitutes?
הַהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבָּן גַּמְלִיאֵל, אֲמַר לֵיהּ: פֶּתַח פָּתוּחַ מָצָאתִי. אֲמַר לֵיהּ: שֶׁמָּא הִטֵּיתָהּ? אֶמְשׁוֹל לְךָ מָשָׁל: לְמָה הַדָּבָר דּוֹמֶה? לְאָדָם שֶׁהָיָה מְהַלֵּךְ בְּאִישׁוֹן לַיְלָה וַאֲפֵילָה, הִיטָּה — מְצָאוֹ פָּתוּחַ, לֹא הִיטָּה — מְצָאוֹ נָעוּל. אִיכָּא דְּאָמְרִי, הָכִי אֲמַר לֵיהּ: שֶׁמָּא בְּמֵזִיד הִטֵּיתָהּ, וַעֲקַרְתְּ לְדַשָּׁא וְעָבְרָא? אֶמְשׁוֹל לְךָ מָשָׁל: לְמָה הַדָּבָר דּוֹמֶה? לְאָדָם שֶׁהוּא מְהַלֵּךְ בְּאִישׁוֹן לַיְלָה וַאֲפֵילָה, הִיטָּה בְּמֵזִיד — מְצָאוֹ פָּתוּחַ, לֹא הִיטָּה בְּמֵזִיד — מְצָאוֹ נָעוּל. הַהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבָּן גַּמְלִיאֵל בַּר רַבִּי, אֲמַר לֵיהּ: רַבִּי, בָּעַלְתִּי וְלֹא מָצָאתִי דָּם. אָמְרָה לוֹ: רַבִּי, בְּתוּלָה הָיִיתִי. אָמַר לָהֶם: הָבִיאוּ לִי אוֹתוֹ סוּדָר. הֵבִיאוּ לוֹ הַסּוּדָר, וּשְׁרָאוֹ בְּמַיִם וְכִבְּסוֹ, וּמָצָא עָלָיו כַּמָּה טִיפֵּי דָמִים. אָמַר לוֹ: לֵךְ זְכֵה בְּמִקָּחֶךָ.
The Gemara relates a similar incident from an earlier era: A certain man who came before Rabban Gamliel said to him: I encountered an unobstructed orifice. Rabban Gamliel said to him: Perhaps you diverted your approach and therefore, you encountered no obstruction? I will tell you a parable to which this is similar. It is similar to a man who was walking in the blackness of night and darkness and he arrived at the entrance to the house; if he diverts the object preventing the door from opening, he finds it open; if he does not divert it, he finds it locked. Perhaps you too diverted your approach and entered from a different angle and that is why you did not encounter an obstruction. Some say this is what Rabban Gamliel said to him: Maybe you diverted your approach intentionally and you displaced the door and the bolt. I will tell you a parable to which this is similar. It is similar to a man who is walking in the blackness of night and darkness and he arrives at his entrance. If he diverts intentionally, he finds it open; if he does not divert intentionally, he finds it locked. The Gemara relates: A certain man who came before Rabban Gamliel bar Rabbi Yehuda HaNasi said to him: My teacher, I engaged in intercourse and did not find blood. The bride said to him: My teacher, I was a virgin. Rabban Gamliel bar Rabbi Yehuda HaNasi said to them: Bring me that cloth [sudar] on which you consummated the marriage. They brought him the cloth, and he soaked it in water and laundered it and found upon it several drops of blood from the rupture of the hymen. Rabban Gamliel bar Rabbi Yehuda HaNasi said to the groom: Go take possession of your acquisition, as she was a virgin and there is no need for concern.