1,535. The Woman's Defense Argument

Hilchos Ishus 11:11

Continuing from the previous halacha, if the woman admits that she wasn’t a virgin because she was raped after being consecrated, her word is accepted and she retains her kesubah of 200 zuz. If her husband suggests that she may have been raped before he consecrated her, in which case he was misled, or perhaps she had relations willingly after he consecrated her (which would be adultery), his claim is not accepted because it is mere speculation.

Hilchos Ishus 11:12

If he says that she wasn’t a virgin and she responds that he didn’t have relations with her and she is still a virgin, she is examined. Another alternative is for them to have relations under the auspices of witnesses (i.e., privately but in a controlled environment). If she claims that he had relations with her and she was, in fact, a virgin and he’s just lying, then he is questioned as to the reason for his claim. If he says because there was no bleeding, her family is checked to see if they don’t happen to bleed. If this is the case, we accept her version of things. If her family does not have such a condition, she is examined for diseases or conditions that might cause her not to bleed. If this is the case, she bathes, eats and drinks until she is healthy, at which time they engage in relations again. If she has no such illness or condition, the husband's claim is accepted, even if he felt tightness. If he based his claim on a lack of tightness, this is called “an open door.” If she is a mature adult, this accounts for it because most mature women do not have noticeable tightness. If she is not yet a mature adult, the husband is asked about his method of entry, which could have affected things. If he insists that this is not the case, his claim is accepted even if there was bleeding.