Ketubot 16B

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Text Excerpt

וזו, הואיל ואין לה קול ⁠— איתרע לה רובא.

and with regard to this woman, because her marriage did not generate publicity, the effect of the majority is undermined.

אי כל הנשאת בתולה יש לה קול ⁠— כי אתו עדים, מאי הוי? הנך סהדי שקרי נינהו! אלא אמר רבינא: רוב הנשאת בתולה יש לה קול, וזו הואיל ואין לה קול ⁠— איתרע לה רובא.

The Talmud asks: If in fact, the marriage of anyone who is married as a virgin generates publicity, and the marriage of this woman did not generate publicity, when witnesses come, what of it? These are false witnesses, as their testimony runs counter to the presumption governing all marriages. Rather, Ravina said that it is not a universal presumption, but a majority. The marriage of most women who are married as virgins generates publicity, but for this woman, since her marriage did not generate publicity, the effect of the majority is undermined. Therefore, the testimony that she went out of her father’s house to her wedding with a hinnuma overrides the lack of publicity.

אם יש עדים שיצתה בהינומא וכו׳. וליחוש דלמא מפקא עדים בהאי בי דינא, וגביא, והדר מפקא לה לכתובה בהאי בית דין, וגביא בה? אמר רבי אבהו: זאת אומרת כותבין שובר. רב פפא אמר: במקום שאין כותבין כתובה עסקינן.

§ It was stated in the Mishnah: If there are witnesses that she went out of her father’s house to her wedding with a hinnuma, or with her hair uncovered, in a manner typical of virgins, payment of her marriage contract is 200 dinars. The Talmud asks: And since she collects payment without producing her marriage contract, let us be concerned that she might produce witnesses in this court and collect payment, and then produce her marriage contract in that other court and collect with it payment a second time. R' Abbahu said: This indicates that one writes a receipt indicating that the woman received payment. Were the woman to attempt to collect payment of her marriage contract a second time, her husband would produce the receipt. Rav Pappa said: We are dealing in the Mishnah with a place where one does not write a marriage contract. It is only in a case where there is no concern lest she produce her marriage contract that she collects payment based on the testimony of witnesses.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.