017 - הִלְכוֹת אִסּוּרֵי בִּיאָה פֵּרֶק יז

Laws of Issurei Bi'ah, Chapter 17

1. Three women are forbidden to all kohanim: a divorcee, a zonah and a chalalah; and to a kohen gadol, four: these three and a widow. Whether a kohen gadol anointed with the anointing oil or one invested with the additional garments, whether a kohen gadol serving or a kohen gadol who served and passed from office, and likewise a kohen anointed for war—all of them are commanded regarding a virgin and are forbidden to a widow.

2. Any kohen, whether a kohen gadol or an ordinary kohen, who married one of the three women and had relations with her receives lashes. If he had relations with her by way of promiscuity, he does not receive lashes on account of zonah, divorcee or chalalah, as it says, "לֹא יִקָּחוּ" ("they shall not take," Vayikra 21:7)—not until he takes her and has relations with her.

3. But a kohen gadol who had relations with a widow receives one set of lashes even though he did not betroth her, on account of "לֹא-יְחַלֵּל" ("he shall not profane," Vayikra 21:15)—since he had relations with her, he profaned her and disqualified her from the kehunah. But a zonah, a chalalah and a divorcee are already profaned before his relations. Therefore a kohen gadol receives lashes for relations with a widow even though there are no kiddushin, for he has profaned her, and he is warned not to profane the fit—neither a woman nor his offspring.

4. If a kohen gadol betrothed a widow and had relations with her, he receives two sets of lashes: one on account of "אַלְמָנָה . . . לֹא יִקָּח" ("a widow… he shall not take," Vayikra 21:14), and one on account of "לֹא-יְחַלֵּל" ("he shall not profane," Vayikra 21:15). Whether a kohen gadol or an ordinary kohen, if he married one of the four women and did not have relations with her, he does not receive lashes.

5. Wherever he receives lashes, she receives lashes; and wherever he does not receive lashes, she does not receive lashes. For there is no difference between a woman and a man with regard to punishments except in the case of a shifchah charufah alone, as we have explained.

6. Any kohen who has relations with a non-Jewish woman, whether a kohen gadol or an ordinary kohen, receives lashes on account of zonah, for she is not capable of kiddushin; and he is forbidden to have relations with a zonah, whether Jewish or non-Jewish.

7. A chalutzah is forbidden to a kohen by the words of the Sofrim, because she is like a divorcee; and they give him makas mardus by their words. A kohen who married a doubtful chalutzah—she is not removed from him; she is fit and her child is fit, because they decreed not regarding a doubtful chalutzah but only regarding a definite chalutzah. Likewise, if she was a doubtful divorcee, a doubtful zonah or a doubtful chalalah, they give him makas mardus, and he must send her away with a get.

8. It is a great principle in all the prohibitions of the Torah that one prohibition does not take effect upon another prohibition, unless both prohibitions come at once, or the second prohibition adds other things to that same prohibition, or it includes other things together with this prohibition.

9–10. Therefore, a woman who was a widow, then became a divorcee, then became a chalalah, then became a zonah, and afterwards a kohen gadol had relations with her—he receives four sets of lashes for one act of relations. For a widow is forbidden to a kohen gadol but permitted to an ordinary kohen. When she then became a divorcee, a prohibition was added to her, and she became forbidden to an ordinary kohen; thus another prohibition was added to her beyond the prohibition of a widow, and she is still permitted to eat terumah. When she became a chalalah, a prohibition was added to her, for she became forbidden to terumah; and she is still permitted to a Yisrael. When she became a zonah, since there is a zenus that forbids a woman to a Yisrael—if his wife was promiscuous willingly—another prohibition was added to her. The same law applies to an ordinary kohen who had relations with a divorcee who had become a chalalah and afterwards a zonah: he receives three sets of lashes for one act of relations. But if this order was changed, he receives only one set of lashes.

11. A woman who was widowed from many men, or divorced from many men—one receives only one set of lashes on her account for each act of relations. A widow, whether from betrothal (eirusin) or from marriage (nisuin), is forbidden.

12. A kohen gadol whose brother died—even if she was widowed only from betrothal—he may not perform yibum, but performs chalitzah. If a yevamah fell to him while he was an ordinary kohen, and he was appointed kohen gadol—even if he had made a maamar (a preliminary betrothal of the yevamah) with her while he was an ordinary kohen—he may not perform yibum after he was appointed. But if he had betrothed a widow and was then appointed kohen gadol, he may take her in marriage after he was appointed. If she was doubtfully betrothed and her arus died, she is a doubtful widow.

13. It is a positive commandment for a kohen gadol to marry a naarah who is a virgin; and once she becomes a bogeres, she is forbidden to him, as it says, "וְהוּא, אִשָּׁה בִבְתוּלֶיהָ יִקָּח" ("and he shall take a wife in her virginity," Vayikra 21:13)—"a wife (ishah)," not a minor; "in her virginity," not a bogeres. How so? She has left the category of a minor but has not entered the category of a bogeres—this is a naarah. He never marries two wives at once, as it says, "יִקַּח אִשָּׁה" ("he shall take a wife," Vayikra 21:14)—one and not two.

14. A kohen gadol may not marry a mukas etz (one whose hymen was ruptured by an object), even though she has not had relations. If she had relations not in the usual manner, she is like one who had relations in the usual manner. If she was subjected to relations with an animal, she is permitted.

15. A kohen gadol who married a non-virgin (beulah) does not receive lashes, but he must send her away with a get. If he married a bogeres or a mukas etz, he may keep her. If he betrothed a non-virgin and was then appointed kohen gadol, he may take her in marriage after he was appointed.

16. If he violated a naarah who was a virgin, or seduced her—even if he violated or seduced her while he was an ordinary kohen and was appointed kohen gadol before he took her in marriage—he may not take her in marriage; and if he did, he must send her away.

17. If he betrothed a minor and she became a bogeres while betrothed to him before the marriage, he may not take her in marriage, because her body has changed; but if he did take her in marriage, he need not send her away.

18. A divorcee is the same whether from betrothal or from marriage. But a me'aneses (a minor who refused her marriage)—even if he divorced her with a get, then took her back, and she refused him—is permitted to a kohen, as we explained in the Laws of Divorce. Any woman who is not fit for chalitzah—if chalitzah was performed for her, she is not disqualified from the kehunah.

19. If a rumor went out about him, "So-and-so the kohen wrote a get for his wife," or "gave a get to his wife," and she is living with him and attending to him, she is not removed from her husband. But if she married another kohen, she must leave the second.

20. If it was rumored in the city that she was betrothed and divorced from the betrothal, we take it into account, as we explained in the Laws of Divorce. But if a rumor went out about her that she is a chalutzah, we do not take it into account.

21. If a rumor went out about a virgin that she is a non-virgin, we do not take it into account, and she may marry a kohen gadol. If a rumor went out about her that she is a shifchah, we do not take it into account, and she may marry even a kohen. If she acquired a name in the city of being promiscuous, we do not take it into account. Even if her husband sent her away because she transgressed das Moshe vi'Yehudis (the law of Moshe and Jewish custom), or because of witnesses to an unseemly matter, and he died before he gave her a get, she is permitted to a kohen; for a woman is forbidden on account of these only through clear testimony or by her own admission.