More Discussions for this daf
1. Mekach Ta'us 2. בירור על סיכום הדף בטבלה

Daniel asks:

We learned that the rabbis imposed a restriction on an erusa from eating terumah. One of the reasons given is that her husband may have a mekah taot claim at nesuim if he discovers she's not a betula and therefore the entire marriage is null and void, rendering her eating terumah a serious sin in retrospect. Really? If that is true, then why does she need a get? Also, if she needs a get, then she was married and entitled to terumah!

Daniel, Boca Raton, USA

The Kollel replies:

The Gemara on 57b gives the reason of Mekach Ta'us as you write. However the Gemara does not say that we are worried that we may find that the wife was a Be'ulah, rather that we are worried that the husband will discover that the wife is a Ba'alas Mum, and the Kidushin is invalid for this reason. (See Mishnah 72b and Gemara 75a as to which Mumim render a Kidushin invalid.)

In fact if someone marries a wife on the understanding that she is a Besulah and subsequently discovers that she was a Be'ulah this does not render the Kidushin a Mekach Taus and she still needs a Get if he does not want to stay married to her (see Chazon Ish (EH 82:24) for an explanation of this Halachah). See Hafla'ah 44b DH L'fi Mah she'nis'Ba'er Asi Shapir, Hafla'ah Kuntras Achron 67:5 and Chidushei ha'Rim 9b DH v'Hinei ha'Poskim. There is a Machlokes Amoraim (11b and 13a) if her Kesuvah is a Maneh or she has no Kesuvah at all.

Dov Freedman