Ketubot 44: When Women Who Convert are not Treated as Other Jews

The Gemara continues to compare the halachic questions pertaining to marriage with those that focus on other issues. Before introducing a new Mishna, amud (a) examines the laws regarding dual contracts. If two contracts are drawn regarding the same agreement, which contract is honoured? Factors such as timing, gifts, purchases are considered. The rabbis then turn their attention back to laws surrounding ketubot. If women receive two marriage contracts, one at betrothal and one when she is married, which contract is honoured? After some debate, the rabbis agree that both contracts are honoured at the time of the marriage.

Our new Mishna teaches that if the daughter of a woman who converted while she was pregnant is found to be sexually licentious (read: not a virgin) after betrothal, she is not punished as a woman born Jewish might be punished. Instead of being strangled at the gates of her father's home, she may be stoned at the gates to the city. The Gemara discusses a number of different contributing possibilities, including what to do if the girl is born at slightly different times, what to do if the girl is an orphan, a minor, an older young woman, what to do if her father is opposed to the marriage or if she is opposed to the marriage, etc.

The rabbis also consider how the halachot might change if the woman charged is fully Jewish. They also spend some time thinking about when and how punishments are changed depending on the circumstances of the crime committed.

I can't help but wonder if girls were scared when they were growing up that they would be accused of sexually licentious behaviour in the future. Regardless of the truth, girls had to be concerned that they might not meet up to the standards set for them, and that the result would be even greater than death: the humiliation of one's family. The combination of torture, death, and shame sound like a perfect recipe for effective social control.