Tuesday, July 12, 2022

Let the recitation of the Shema prove it TB Ketubot 6

Starting on yesterday’s daf and continuing through today’s daf TB Ketubot 6 and continuing on tomorrow’s daf, the Gemara analyzes only one question. May the bride and groom engage in intercourse for the first time Friday night, meaning Shabbat? “A dilemma was raised before the Sages: What is the halakha with regard to engaging in intercourse with one’s virgin bride for the first time on Shabbat? The dilemma is with regard to the nature of the blood that emerges as a result of the piercing of the hymen. Is it that the blood is pooled, and it is released once the hymen is pierced, so that no prohibition is violated? Or, is the blood flowing through vessels attached to the body, and it emerges as a result of a wound, so that he does violate a prohibition?” (TB Ketubot 5b, Sefaria.org translation) You shouldn’t be surprised that the Gemara notes that not only the amorarim disagree whether the bride and groom may engage in intercourse for the first time on Shabbat, but the tannaim also are divided on the proper behavior.

The Gemara suggests that perhaps something that we’ve learned in massekhet Berakhot can settle the argument. “Rav Yosef raised an objection from a mishna (Berakhot 16a): A groom is exempt from the mitzva of reciting Shema on the first night of his marriage to a virgin on Wednesday night, until Saturday night, if he has not taken action and consummated the marriage. What, is it not that he is exempt due to the fact that he is preoccupied because he wishes to engage in intercourse with her and is concerned that he will fail to do so properly? Apparently, if he did not yet consummate the marriage, he is exempt from reciting Shema even on Shabbat, indicating that it is permitted to engage in intercourse on Shabbat.” (, Sefaria.org translation)

Of course, the argument isn’t settled at all. “Rather, Rava said: This matter of intercourse with a virgin on Shabbat is subject to a dispute between tanna’im, as one tanna taught: If he did not take action on the first night he is exempt from reciting Shema even on the second. If he failed to consummate the marriage on the second night he is exempt even on the third night, which is Shabbat evening.

And another baraita is taught: On the first and second nights he is exempt; on the third he is obligated to recite Shema. He is obligated on the third night, even if he did not yet consummate the marriage, because the third night is Shabbat, when intercourse with his virgin wife is forbidden. The different rulings in the two baraitot indicate that there is a tannaitic dispute with regard to intercourse with a virgin on Shabbat.” (Sefaria.org translation)

What are the poor bride and groom supposed to do? Back in the good old days people had the proper intention, kavanah-כַּוָּנָה, when they prayed, a groom who married a virgin is exempt from the recitation of the Shema until he has sexual intercourse with her because he is preoccupied with this mitzvah. He is worried perhaps he’ll discover that she is not a virgin. Since this is a preoccupation of a mitzvah, he is exempt from the observance of other mitzvot. However if they delayed having intercourse for three days, the groom is obligated to recite the Shema from that night on. He already has become accustomed to her company and he no longer is anxious or preoccupied.

 

Today we don’t have such great kavanah when we pray. Consequently even when a groom has his first intercourse with his virgin bride, he recites the Shema. (Rambam, Mishneh Torah, Sefer Ahava, Hilkhot Kriat Shema, chapter 4, halakha 5, Shulkhan Arukh, Orekh Hayim 70:3) Whether they are permitted to have sexual intercourse on Friday night is still yet to be determined.

 

 

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