Talmud - Regenerating Virginity

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More on Regenerating Virginity

We know that the amount of a woman's kethubah depends on her virginity on
her wedding day. But what of a woman who, as a little girl below the age
of three years, was raped or otherwise subjected to sexual intercourse?
The Sages rule that the kethubah of such a woman is set as if she were
still a virgin.

MISHNAH. A WOMAN PROSELYTE, A WOMAN CAPTIVE, AND A WOMAN SLAVE, WHO
HAVE BEEN REDEEMED, CONVERTED, OR FREED [WHEN THEY WERE] LESS THAN THREE
YEARS AND ONE DAY OLD — THEIR KETHUBAH IS TWO HUNDRED [ZUZ]. AND THERE IS
WITH REGARD TO THEM THE CLAIM OF [NON-]VIRGINITY. (17)

— Babylonian Talmud, Tractate Kethuboth 11a
Soncino 1961 Edition, page 54

This seems like a generous and humanitarian ruling, the creation of a
legal fiction of virginity when the woman is no longer physiologically a
virgin. But Dr. Daiches corrects us. He tells us that, according to the
Sages, the hymen of a girl younger than three literally grows back again.

If they had sexual intercourse before they were three years and
one day old the hymen would grow again, and they would be virgins. V. 9a
and 11b and cf. Nid. 44b and 45a.

— Rabbi Dr. Daiches(25)

See also the discussion of Niddah 44b and 45a, below.

As we continue to explore the Talmud doctrines on child-adult sex, we will
see further confirmation that the Talmud Sages believed that the hymen
regenerates in a girl younger than three.
"… Of Lesser Age, No Guilt is Incurred"

The Old Testament prohibits a man lying with a man; but notice, the Old
Testament does not prohibit a man lying with a boy. Thus, the Talmud Sages
arrive at their position on pederasty. In the following, bestiality said
to be committed "naturally" when a man uses the vaginal passage of the
beast, and "unnaturally" when a man uses the anal passage of the beast.
The Sages make a similar distinction for the couplings of a woman with a
beast.

GEMARA. … Rab said: Pederasty with a child below nine years of age is
not deemed as pederasty with a child above that. Samuel said: Pederasty
with a child below three years is not treated as with a child above that.
(2) What is the basis of their dispute? — Rab maintains that only he who
is able to engage in sexual intercourse, may, as the passive subject of
pederasty throw guilt [upon the active offender]; whilst he who is unable
to engage in sexual intercourse cannot be a passive subject of pederasty
[in that respect]. (3) But Samuel maintains: Scripture writes, [And thou
shalt not lie with mankind] as with the lyings of a woman. (4)

It has been taught in accordance with Rab: Pederasty at the age of
nine years and a day; [55a] [he] who commits bestiality, whether naturally
or unnaturally; or a woman who causes herself to be bestially abused,
whether naturally or unnaturally, is liable to punishment. (5)

— Babylonian Talmud, Tractate Sanhedrin 54b - 55a
Soncino 1961 Edition, page 371

....

The plain English meaning of the Talmud text is clear, but if there is any
doubt, the Soncino scholars put the matter to rest: No guilt is incurred
with a boy child younger than nine, even in incest. Thus we see that
Orthodox Jewish doctrines concerning homosexuality are not accurately
represented by Dr. Laura and other Orthodox spokesmen.


America Is Rapidly Becoming Talmudized

In 1999, the Supreme Court agreed to consider an amicus brief based wholly
on Talmudic law (see Sentence and Execution).