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Text Excerpt
אמר רבה: זאת אומרת, כנסה בחזקת בתולה, ונמצאת בעולה — יש לה כתובה מנה. רב אשי אמר: בעלמא לעולם אימא לך לית לה כלל, ושאני הכא, שהרי כנסה ראשון.
Rabba said: That is to say, if one married a woman with the presumptive status of a virgin, as there were witnesses that she did not have sex, and she was found to be a non-virgin, she is entitled to a marriage contract of 100 dinars. The Talmud rejects the proof. Rav Ashi said: In general, actually, I would say to you that in that case she does not receive a marriage contract at all, as it is a mistaken transaction. But here it is different, and she does not totally lose her marriage contract, because the first husband brought her into his house. Therefore, the second husband should have considered that a woman who entered her husband’s home is no longer a virgin.
וניחוש שמא תחתיו זינתה! אמר רב שרביא: כגון שקידש ובעל לאלתר.
The Talmud asks: And since there are witnesses that she did not have sex with the first husband, let us be concerned that perhaps she committed adultery after betrothal, while under the jurisdiction of the second husband, and rule that she is forbidden to him due to suspicion of adultery and is not entitled to a marriage contract at all. Rav Sherevya said: The baraita is referring to a case where he betrothed her and had sex immediately. Therefore, there was no opportunity to engage in adultery between her betrothal and her marriage to the second husband.
ואיכא דמתני לה אמתניתין: בתולה, אלמנה, גרושה חלוצה מן הנישואין — כתובתן מנה, ואין להן טענת בתולין. בתולה מן הנישואין היכי משכחת לה? כגון שנכנסה לחופה ולא נבעלה.
Others taught this statement of Rabba with regard to the Mishnah: Concerning a virgin who is a widow, a divorcée, or a ḥalutza who achieved that status from a state of marriage, for all these women their marriage contract is 100 dinars, and they are not subject to a claim concerning their virginity. The Talmud asks: How can you find a virgin from a state of marriage? It is in a case where she entered the wedding canopy and did not have sex.