More Discussions for this daf
1. Preventing Yibum 2. Shakla v'Tarya of the Gemara 3. What Rav Ashi Says
4. Chupah according to Rambam 5. Kashya of the Gemara from the Mishnah on 57a 6. Dam Besulim
7. Choshen Mishpat Siman 5 8. Reb Yosef and the Mishnah that was Not Taught 9. Shakdu
10. ha'Besulah 11. Feeding an Arusah Terumah after 12 months 12. Age of Besulah
13. Chupas Nidah 14. the mishna 15. Proof of virginity

anon asked:

Are there any Halachik issues involved if a Kohen does not find Dam Besulim, B'zman Ha'zeh. I.e. in Kesubos we know they got married on Wednesdays for this exact reason, so that the husband should be able to immediately go to beis din the next day with out calming down at all. If there is claim of Besuloh from her, are there any halachik issues if there is no blood found?



The Kollel replies:

The whole discussion of the Gemara in Kesuvos (9a), about a Kohen who claims his bride is not a Besulah and therefore she is forbidden to him, is speaking about a situation - which was typical in the times of Chazal - where the couple get married (Kidushin) but don't make the Chupah (Nisu'in) until some months afterward. If the bride had relations with another man in this intervening time then she would be forbidden to her Kohen husband even if she was raped.

Today, when the Kidushin occurs just hours before their relations, there is very little possibility that she had relations with another man in the intervening time. Therefore, if he doesn't find Dam Besulim there is no issue of forbidding her to her Kohen husband and therefore there is no schedule the wedding the night before the Beis Din will be meeting.

The question today is whether a woman can lose her Kesuvah if the husband does not find Dam Besulim.

The Gemara in Kesuvos (10a) says that if a man expected his Kalah to be a Besulah, he is believed to say that he found that she was a Be'ulah and therefore deny her entire Kesuvah. The basis of this believability is that the Chasan invested a lot of money into making the wedding and now, by claiming that marrying her was a Mekach Ta'us, is losing all that money. Rav Moshe Sternbuch told me that today the Chasan is not believed because typically he does not pay for the wedding himself.

Of course, if the Kalah admits that his claim is true then she would lose her Kesuvah. If they decide to stay together they will have to be remarried (mi'Safek) and rewrite the Kesuvah, and if they decide to part company he will have to give her a Get (mi'Safek).

Kol Tuv,

Yonasan Sigler

This is not a Psak Halachah