כִּֽי־יִקַּ֥ח אִ֖ישׁ אִשָּׁ֑ה וּבָ֥א אֵלֶ֖יהָ וּשְׂנֵאָֽהּ׃
Apabila seorang laki-laki mengambil seorang perempuan menjadi istrinya, lalu ia bersetubuh dengan dia, kemudian ia membencinya,
Jerusalem Talmud Sanhedrin
MISHNAH: Money matters1Not only litigation involving loans, inheritances, gifts, or real estate, but also distribution of public funds (cf. Mishnah Peah 8:7). are judged by three [judges]; robberies2Including fraud. and injuries3Inflicted on humans. by three [judges], damages4Caused on living or inanimate property., half damages5Caused by somebody’s animals (cf. Mishnaiot Bava qamma 1:4–5)., double restitution6To be paid by the thief of inanimate objects, Mishnah Bava qamma 7:1. The thief of livestock pays quadruple or quintuple restitution. quadruple and quintuple restitution. The rapist7Who has to pay under four different categories (Mishnah Ketubot 4:1)., the seducer8Who has to pay under three different categories., and the calumniator9Who accuses his wife not to have been a virgin (Deut. 22:13–19). are judged by three [judges], the words of Rebbi Meïr; but the Sages say that the calumniator is judged by 23 because it might be a capital case10Since the woman is stoned if the husband’s accusation is proved correct (Deut. 22:20–21) and the biblical text implies that the court which might sentence the husband to a fine is the one which might pass a death sentence, the case has to be tried in a tribunal empowered to try capital cases.
According to rabbinic principles, Deut.22:13–21 cannot refer to a husband accusing his wife of not being a virgin since 1° by marriage, the husband became his wife’s relative and relatives are barred from appearing as witnesses; his case could not be heard. 2° there is no verse threatening a woman with death if she married when not a virgin. Therefore, the rabbinic interpretation of the paragraph is that the husband presents witnesses to the fact that his wife committed adultery while preliminarily married to him. A preliminarily married woman is married in respect to criminal but not civil law (cf. Introduction to Tractate Qiddušin).
Another aspect of criminal law in this case is the law of perjury, Deut. 19:18–19. Since the husband’s witnesses intended to have the woman stoned, if they are shown to be perjured they themselves are stoned. Therefore, the case may be heard only in a court competent to impose death sentences..
According to rabbinic principles, Deut.22:13–21 cannot refer to a husband accusing his wife of not being a virgin since 1° by marriage, the husband became his wife’s relative and relatives are barred from appearing as witnesses; his case could not be heard. 2° there is no verse threatening a woman with death if she married when not a virgin. Therefore, the rabbinic interpretation of the paragraph is that the husband presents witnesses to the fact that his wife committed adultery while preliminarily married to him. A preliminarily married woman is married in respect to criminal but not civil law (cf. Introduction to Tractate Qiddušin).
Another aspect of criminal law in this case is the law of perjury, Deut. 19:18–19. Since the husband’s witnesses intended to have the woman stoned, if they are shown to be perjured they themselves are stoned. Therefore, the case may be heard only in a court competent to impose death sentences..
Jerusalem Talmud Sanhedrin
MISHNAH: Money matters1Not only litigation involving loans, inheritances, gifts, or real estate, but also distribution of public funds (cf. Mishnah Peah 8:7). are judged by three [judges]; robberies2Including fraud. and injuries3Inflicted on humans. by three [judges], damages4Caused on living or inanimate property., half damages5Caused by somebody’s animals (cf. Mishnaiot Bava qamma 1:4–5)., double restitution6To be paid by the thief of inanimate objects, Mishnah Bava qamma 7:1. The thief of livestock pays quadruple or quintuple restitution. quadruple and quintuple restitution. The rapist7Who has to pay under four different categories (Mishnah Ketubot 4:1)., the seducer8Who has to pay under three different categories., and the calumniator9Who accuses his wife not to have been a virgin (Deut. 22:13–19). are judged by three [judges], the words of Rebbi Meïr; but the Sages say that the calumniator is judged by 23 because it might be a capital case10Since the woman is stoned if the husband’s accusation is proved correct (Deut. 22:20–21) and the biblical text implies that the court which might sentence the husband to a fine is the one which might pass a death sentence, the case has to be tried in a tribunal empowered to try capital cases.
According to rabbinic principles, Deut.22:13–21 cannot refer to a husband accusing his wife of not being a virgin since 1° by marriage, the husband became his wife’s relative and relatives are barred from appearing as witnesses; his case could not be heard. 2° there is no verse threatening a woman with death if she married when not a virgin. Therefore, the rabbinic interpretation of the paragraph is that the husband presents witnesses to the fact that his wife committed adultery while preliminarily married to him. A preliminarily married woman is married in respect to criminal but not civil law (cf. Introduction to Tractate Qiddušin).
Another aspect of criminal law in this case is the law of perjury, Deut. 19:18–19. Since the husband’s witnesses intended to have the woman stoned, if they are shown to be perjured they themselves are stoned. Therefore, the case may be heard only in a court competent to impose death sentences..
According to rabbinic principles, Deut.22:13–21 cannot refer to a husband accusing his wife of not being a virgin since 1° by marriage, the husband became his wife’s relative and relatives are barred from appearing as witnesses; his case could not be heard. 2° there is no verse threatening a woman with death if she married when not a virgin. Therefore, the rabbinic interpretation of the paragraph is that the husband presents witnesses to the fact that his wife committed adultery while preliminarily married to him. A preliminarily married woman is married in respect to criminal but not civil law (cf. Introduction to Tractate Qiddušin).
Another aspect of criminal law in this case is the law of perjury, Deut. 19:18–19. Since the husband’s witnesses intended to have the woman stoned, if they are shown to be perjured they themselves are stoned. Therefore, the case may be heard only in a court competent to impose death sentences..
Jerusalem Talmud Kiddushin
By money, from where? “After he acquires,” this tells you that she is acquired by money.11Babli 2a. In rabbinic Hebrew, לקח means “to buy”. The Babli shows from Gen. 23:13 that לקח in biblical Hebrew may mean “to accept a deal involving money”. By the talmudic doctrine of invariability of lexemes in biblical language, the same meaning must apply in all cases. By marital relations, from where? “And has marital relations with her,” this tells you that she is acquired by intercourse12Babli 9b. Deut. 24:1: “After a man takes a wife and has marital relations with her” is the preamble to the rules of divorce. The verse is read to mean: “After a man buys and/or has marital relations with a woman, if he desires to terminate the relationship he is required to follow the rules of divorce.” Since there is no divorce without a preceding marriage, it follows that acquiring a wife by money and/or intercourse establishes marriage by biblical standards.. I would say, by both together. Money without intercourse and intercourse without money, from where? 13This elliptic statement is shortened from Ketubot 3:6 (Notes 88–92). The man who sleeps with a virgin preliminarily married to another man is stoned; one who sleeps with a married woman who is not a virgin is strangled. Since the verse mentions only intercourse, it is deduced that even if no money was given, the girl is legally bound to her husband and the seducer or rapist is executed for adultery. Rebbi Abbahu in the name of Rebbi Joḥanan, it is written: “If a man is found lying with a woman having had intercourse with her husband.” Think of it, even if he did only acquire her by intercourse, the one coming after him is [executed] by strangulation. Not only regular intercourse but even perverse14Sex play which leads to satisfaction without penetration and ejaculation.. Rebbi Abbahu in the name of Rebbi Joḥanan, it is necessary to mention perverse intercourse for if it were regular, why mention her husband15If the verse was simply intended to state that the punishment of the adulterer with a non-virgin is different from that with a virgin, it would not have mentioned “her husband”. The husband makes his wife a non-virgin even by perverse intercourse, any other man only by penetration.? As we have stated there16Mishnah Sanhedrin 7:15.: “If she was raped by two men, the first is stoned, the second strangled17If the first one penetrated her..”