How can the rabanan permit hataya for the beilah rishona since we learnt in a mishna that if has a tayna on her being a besulah he must take her to beis din how would he ever know if she is a beulah or a besulah if they dont do a beilah gemorah the first time?
Thanks
yehoshua Roysman, New York, Usa
It seems that the Chasan is not obligated to test whether or not the Kalah is a Besulah but rather the MISHNAH above 2a is saying that if it happened that he did Be'ilah Rishonah without Hataya and did not find blood he must then take her to Beis Din because she would be forbidden to him if she was in fact Mezaneh after Eirusin. However, if he did Hataya we are not concerned that she might not be a Besulah, presumably because most brides are Tzidkaniyos and one does not have to suspect them unless one has a good reason to do so.
However, even if one would say that the Chasan is obligated to verify that the Kalah is a Besulah, the Sugya is still not problematic. This is because RASHI 6b DH AMAR writes that if he did Hataya and argues that he did not find blood, she may reply that she is still a Besulah. If she says this, then he can do the next Be'ilah - after Shabbos when it is no longer necessary to do Hataya - and if he finds no blood he can then claim that since this time he did not do Hataya, the fact that he found no blood proves that she was not a Besulah for the first Be'ilah either.
Kesivah U'Chasimah Tovah
D. Bloom