Where does mishneh torah talk about mukat eitz

Mukat Eitz in the Mishneh Torah

Mukat Eitz (מֻכַּת עֵץ, literally "struck by wood") refers to a woman who has lost her virginity through a non-sexual means — such as falling on a hard object or wood — rather than through intercourse. This is a significant category in Jewish law concerning marriage, specifically the laws of ketubbah (marriage contract) and the claims a husband might make about his wife's virginity. The Mishneh Torah of Rambam (Maimonides) addresses this topic primarily in Hilkhot Issurei Biah and Hilkhot Ishut.

Key Takeaways

The primary location in the Mishneh Torah for mukat eitz is Hilkhot Ishut (Laws of Marriage), Chapter 11.
A mukat eitz woman is entitled to a ketubbah of 100 zuz (like a non-virgin), not 200 zuz, according to Rambam.
The classification of mukat eitz affects whether a kohein (priest) may marry a woman, since kehunah laws are implicated.
Rambam's rulings draw directly from the Talmudic discussion in Tractate Ketubot.
The topic also appears briefly in the context of forbidden relations in Hilkhot Issurei Biah.

Detailed Analysis

What Is Mukat Eitz?

A mukat eitz is a woman who experienced the rupture of her hymen (betulim) through a physical accident — e.g., falling on a piece of wood or a hard object — rather than through sexual intercourse. The halachic question is: what is her legal status for purposes of:

The size of her ketubbah
Her permissibility to marry a kohein
A husband's ta'anat betulim (claim that she was not a virgin at marriage)

Hilkhot Ishut, Chapter 11

This is the central location in the Mishneh Torah for mukat eitz.

Rambam rules [Mishneh Torah, Hilkhot Ishut 11:6]:

A woman who says "I am a mukat eitz" — if she was betrothed (mekudeshet) prior to this claim, she is believed, and she receives a ketubbah of 100 zuz.

The underlying principle is:

A virgin (betulah) is entitled to a ketubbah of 200 zuz.
A widow or non-virgin receives 100 zuz.
A mukat eitz, who technically did not lose her virginity through intercourse, is treated stringently regarding the ketubbah amount — she receives only 100 zuz — because of doubt.

This follows the Talmudic discussion in [Ketubot 36a-36b], where the Sages debated whether a mukat eitz is believed when she makes this claim before or after betrothal.

The Question of Believability (Ne'emanut)

Rambam follows the principle established in the Talmud [Ketubot 36b]:

If she claims mukat eitz before betrothal (erusin), she is believed with a full 200 zuz ketubbah, because she had no reason to lie at that point.
If she claims it after betrothal, she receives only 100 zuz — she is believed that she is not guilty of zenut (fornication), but she cannot claim the full virgin's ketubbah against her husband's doubt.

This nuance reflects the Talmudic principle of migu (she could have made a stronger claim) and the burden of proof in monetary matters.

Hilkhot Issurei Biah — Relevance to Kehunah

The topic also appears in the context of Hilkhot Issurei Biah (Laws of Forbidden Relations), particularly regarding whether a kohein may marry a mukat eitz.

Rambam rules [Mishneh Torah, Hilkhot Issurei Biah 17:13] that a mukat eitz is permitted to marry a kohein, since she did not lose her virginity through intercourse and is not considered a zonah (harlot) or chalalah (profaned woman).

This is a critically important ruling because it distinguishes mukat eitz from a woman who had premarital relations — the latter would be forbidden to a kohein, while the former is not.

Underlying Talmudic Sources

Rambam's rulings are grounded in:

[Ketubot 36a-36b] — core sugya on mukat eitz and ne'emanut
[Ketubot 11b] — discussion of betulim and their legal significance
[Yevamot 59a] — permissibility of mukat eitz to a kohein

The Talmud Yerushalmi (Ketubot 1:1) also discusses this, and Rambam synthesizes both Bavli and Yerushalmi traditions in his rulings.

Later Authorities on Rambam's Ruling

Ra'avad (R. Abraham ben David) glosses Rambam's rulings in Hilkhot Ishut and disputes some of the finer points regarding when the woman is believed.
Maggid Mishneh (R. Vidal di Tolosa) explains Rambam's reasoning and defends his position against the Ra'avad.
Shulchan Aruch, Even HaEzer 67 codifies the halacha of mukat eitz and follows Rambam's basic framework.

For personal guidance on any matter related to marriage law, ketubbah, or related halachic status questions, consult your local rabbi or posek.