CCAR RESPONSA
American Reform Responsa
152. An Inquiry About Virginity
(1979)QUESTION: What importance has tradition attached to virginity for males or females? What act specifically terminates virginity in females? Must the hymen be broken? (CCAR Family Life Committee)ANSWER: Chastity before marriage has been considered an obvious requirement for all and was taken for granted by the tradition without specific reference, as Rabbi Eliezer already pointed out long ago (Tosefta, Kid. 1.4). There are many statements which support this point of view and demand that an unmarried person refrain from sexual intercourse. The references deal particularly with males (Pes. 113a-b; Shab. 152a). A statement of Rabbi Yochanan makes this very clear: “There is a small organ in man; he who satisfies it goes hungry and he who allows it to go hungry is satisfied” (San. 107a). Although one must also be mindful of the statement by Rabbi Illai: “If a person realizes he is overcome by lust, then he should go to a place where he is not known, dress in dark clothes, wrap his head in a black turban, and do what his heart demands, but he should not openly profane God’s name” (Mo-ed Katan 17a; Tos. to Kid. 40a). For males, chastity was demanded; no stiff legal penalties were incurred, though flogging was possible (Ket. 10a). All females were expected to be virgins at the time of their first marriage. The dowry of the non-virgin was less than that of a virgin, and anyone falsely claiming virginity was subject to severe punishment (Deut. 22:14ff). The test for virginity, which consisted of bleeding during the initial intercourse, led to considerable discussion in the Talmud. The Rabbis were aware that some women may not bleed, and wished to avoid false accusations against them, so various methods were devised to establish virginity, and the evidence was carefully assembled and examined (Ket. 10b, 46a). All this demonstrated that virginity was prized, and every effort was made to retain it until marriage. Concern over virginity led to discussion of special problems among the handicapped. Deaf mutes, blind and retarded girls could not be accused of lacking signs of virginity (Tosefta, Ket. 1.3). Others felt that such a policy stigmatized such individuals and their families, and therefore disagreed (Tosefta, Ket. 1.5, Yerushalmi, Ket. 1.25c). There were a number of different opinions about what constituted the loss of virginity. For example, a High Priest was not allowed to marry a girl with whom a partial intercourse had occurred, i.e., without actual penetration (Kid. 10a). Though, if this occurred during an attempted rape by an enemy soldier, she was permitted to marry the priest (Yerushalmi, Ned. 9.42d). Normally, bleeding (as mentioned above) or breaking of the hymen was considered proof of loss of virginity, though it was considered possible to have intercourse without breaking the hymen if the man involved were skillful (Ket. 6b; Nida 64b). Bleeding during the first intercourse may, in any case, come either from the breaking of the hymen or from rupturing blood vessels. Some individuals were recognized as not bleeding during first intercourse (Ket. 10b; Nida 64b). Destruction of the hymen could, of course, also occur through various kinds of injuries (Ket. 13a), climbing high steps, taking usually large steps while walking (Shab. 63b), etc. Even if this were to occur at a very young age, there was some question about the hymen healing over completely (Nida 45a). It was presumed that all girls were virgins before their first marriage, unless there was definite knowledge to the contrary. This assumption was continued by the codes, including the Shulchan Aruch.Walter Jacob, ChairmanLeonard S. KravitzEugene J. LipmanW. Gunther PlautHarry A. RothRav A. SoloffBernard Zlotowitz
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