Fraud prevention TB Ketubot 16

The first Mishna of chapter two of our massekhet began on yesterday’s daf TB Ketubot 15b and concludes on today’s daf TB Ketubot 16. What happens in a case where the ketubah is lost or the couple had a “virtual” ketubah and the couple is divorcing? The ex-husband claims that his ex-wife at the time of marriage was not a virgin either because she was a widow or a divorcee. The ex-wife counterclaims that she was a virgin. The ex-wife has to bring witnesses to testify that at the time of the wedding certain customs were observed when the bride is a virgin to be believed.

These customs listed in the Mishna are: “if there are witnesses that she went out of her father’s house to her wedding with a hinnuma or with her hair uncovered, in a manner typical of virgins, payment of her marriage contract is two hundred dinars. Rabbi Yoḥanan ben Beroka says: Even testimony that there was distribution of roasted grain, which was customary at weddings of virgins, constitutes proof that she is a virgin.” (Sefaria.org translation) Scholars provide different interpretations what does hinnuma mean? The majority believe that comes from the Greek meaning singing special songs at a wedding. There those who think that is related to a different Greek word meaning a thin scarf or the thin hymen membrane. Based on the Gemara we shall soon encounter, the Jastrow dictionary defines the word “a curtained litter on which a virgin bride was carried in procession”

A baraita list other customs. “And there are some who teach the dispute between Rabbi Abbahu and Rav Pappa with regard to the baraita that says: In a case where a woman lost her marriage contract or concealed her marriage contract and she claims that she is unable to find it; or her marriage contract was burned, and there is no proof with regard to the sum to which she is entitled; or practices performed exclusively at the weddings of virgins were performed at her wedding, e.g., people danced before her, or played before her, or passed before her a cup of good tidings or a cloth of virginity; if she has witnesses with regard to any one of these practices, her marriage contract is two hundred dinars.” (Sefaria.org translation)

The Gemara clarifies exactly what is a cup of good tidings. “It is taught in that baraita: Or passed before her a cup of good tidings. The Gemara asks: What is a cup of good tidings? Rav Adda bar Ahava says: A cup of teruma wine is passed before the virgin bride, meaning that this woman would have been eligible to eat teruma had she married a priest. Rav Pappa strongly objects to this: Is that to say that a widow does not eat teruma if she marries a priest? Clearly she does. Therefore, what is the proof from teruma that she is a virgin? Rather, Rav Pappa says: The cup of teruma is passed before her to indicate that this bride is first, as she has not yet engaged in intercourse, like teruma that is the first gift separated from the produce.

It is taught in a baraita that Rabbi Yehuda says: The custom is that one passes a barrel of wine before her. Rav Adda bar Ahava said: One passes a sealed barrel of wine before a virgin, and one passes an open barrel of wine before a non-virgin. The Gemara asks: Why is that necessary? Let us pass the sealed barrel before the virgin, and before the non-virgin let us not pass a barrel at all. Why is it necessary to publicize the fact that she is a non-virgin? The Gemara explains: It is necessary, as, at times there could be a case where a non-virgin unilaterally seized two hundred dinars as payment for her marriage contract and said: I was a virgin, and the fact that they did not pass a sealed barrel before me was due to circumstances beyond their control. (Always blame the caterer!-gg) In order to prevent deceit of that kind, an open barrel is passed before the non-virgin, so that people will remember that she is not a virgin.” (Sefaria.org translation) I am unclear whether this barrel is different custom or the definition of a “cup of good tidings.”

Gemara worries about a case of fraud. “With regard to that same passage in the mishna: If there are witnesses that she went out of her father’s house to her wedding with a hinnuma, or with her hair uncovered, in a manner typical of virgins, payment of her marriage contract is two hundred dinars, the Gemara asks: But let us be concerned lest she first produce witnesses that she went out with a hinnuma, in this court, and collect payment, and then produce witnesses that she went out with a hinnuma, in that court, and collect payment a second time. The Gemara answers: In a place where it is not possible to guarantee that she will not collect her marriage contract more than once in any other way, certainly we write a receipt (שׁוֹבָר), even according to the opinion that as a rule, one does not write a receipt.” (Sefaria.org translation)

What’s the big deal about writing a receipt? Especially today with virtual receipts or the ability to scan a receipt on a computer, preserving receipts has never been easier. Back in Talmudic times when they did not even have a shoebox to keep the records in, holding on and preserving receipts was a great burden. That is why receipts were written only when that was the last resort to guarantee the transaction and prevent fraud.