REVACH L'DAF
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SUMMARY
If a Kohen has relations with his sister she becomes a Zonah, and if he has relations with her a second time she also becomes a Chalalah. (1)
If a Kohen Gadol had relations with a widow he is Chayav Malkus twice and if he completes the Bi’ah he is Chayav a third Malkus. (2)
If a woman is both a widow and a divorcee a Kohen Gadol who has Bi’ah with her is Chayav for both prohibitions.
The prohibition for a Kohen to marry a Chalutzah is d'Rabbanan.
Abaye says that a Kohen who is Mekadesh a divorcee is punished with Malkus and if he subsequently has Bi’ah with her he receives a second Malkus
Rava holds that a Kohen who is Mekadesh a divorcee doesn’t receive Malkus unless he subsequently has Bi’ah with her. (3)
Abaye admits that if a Yisra’el is Mekadesh his ex-wife who had been married and divorced to someone else he is only punished with Malkus if he has Bi’ah with her. (4)
R.Yehudah says that a Kohen may not marry the daughter of a Ger even if the mother is a Bas Yisra’el
R. Yehudah holds that a woman who has relations with a Ger is Pesulah for Kehunah
R. Shimon Ben Yochai holds that a Kohen may marry a woman who had becomes a Giyores at less than three years old
R. Eliezer Ban Ya'akov holds that a Kohen may marry the daughter of a Ger as long as either the mother or the father is a Yisra’el.
R. Yosi holds that a Kohen may marry the daughter of a Ger even if both parents are Ger’irim, however only the daughter was born after the parents became Ger’irim.
Only Kings from Malchus Bais Dovid may sit in the Azarah
The Halachah is like R. Yosi that a Kohen may marry the daughter of a Ger and Giyores but after the destruction of the Bais ha'Mikdash the Kohanim adopted the practice not to marry the daughter of a Ger and Giyores like the opinion of R. Eliezer Ben Ya'akov
If a Kohen will ask he should be told that that he may not marry the daughter of a Ger and Gioyesrs like R. Eliezer Ben Ya'akov but b'Dieved if he marries her we allow him to keep her like R. Yosi
The Tana Kama holds that a father is not believed that his son is a Mamzer while R. Yehudah disagrees. (5)
R. Yehudah says that just like a father is believed to say which one of his sons is the Bechor so too he is believed to say that his son was born from a divorcee of a Chalutzah.
The Chachamim hold that a father is believed to say that his son is a Becvhor but not that he was born from a divorcee of a Chalutzah. (6)
R. Yehudah holds that a person can be Makneh something that hasn’t entered the world.
If a father authorized a Shli’ach to accept Kidushin for his daughter and than he was Mekadesh her himself if his Kidushin was first it is a Kidushin and if the Shli’ach was first it is a Kidushin
A BIT MORE
1. She doesn’t become a Chalalah from the first Bi’ah because a Chalalah is only from an Isur Kehuanh, however she becomes a Zonah from the first Bi’ah and a Zonah is forbidden to a Kohen and consequently if the same Kohen or a different Kohen has Bi’ah with her she becomes a Chalalah.
2. If he doesn’t complete the Bi’ah he is Chayav for the prohibition of a widow and he is also Chayav for making her into a Chalalah because a woman becomes a Chalalah even with a partial Bi’ah; if he completes the Bi’ah he is also Chayav for potentially making a child into a Chalal.
3. However if he has Bi’ah with her even without Kidushin he also is punished with Malkus; the Kidushin is dependent on the Bi’ah but the Bi’ah is not dependent on the Kidushin
4. However if he has Bi’ah with her without Kidushin both Rava and Abaye agree that he is not punished with Malkus.
5. According to the Tana Kama even if both the husband and wife cvalim that the baby in her stomach is a Mamzer they are not believed.
6. THE SIGNIFICANCE OF THE FACT THAT THE FATHER IS BELIEVED THAT HIS SON IS A BECHOR IS THAT THE SON RECEIVES TWO PORTIONS OF THE INHERITANCE. EVEN THOUGH THE FATHER COULD HAVE SIMPLY GIVEN TO HIM AS A GIFT, HOWEVER HIS TESTIMONY HAS SIGNIFICANCE FOR PROPERTY THAT WILL HE WILL ACQUIRE IN THE FUTURE AND EVEN ACCORDING TO R. ME'IR WHO HOLDS THAT A PERSON CAN BE MAKNEH SOMETHING THAT IS NOT YET IN EXISTENCE HIS TESTIMONY HAD SIGNIFICANCE REGARDING PROPERTY THAT HE WILL INHERIT WHEN HE IS A GOSES SINCE A PERSON CAN’T GIVE A GIFT WHEN HE IS A GOSES EVEN ACCORDING TO R. ME'IR HE CAN’T BE MAKNEH SOMETHING NOW FOR WHEN HE WILL BE A GOSES.
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BRIEF INSIGHT
THE MA’ALEH OF A KOHEN
The Halachah is like R. Yosi that a Kohen may marry the daughter of a Ger and Giyores, but after the destruction of the Bais ha'Mikdash the Kohanim adopted the practice not to marry the daughter of a Ger and Giyores like the opinion of R. Eliezer Ben Ya'akov. Why did the Kohanim enact this stringency only after the Bais ha'Mikdash was destroyed? Tosfos Rabbeinu Peretz answers that after the Bais ha'Mikdash was destroyed it was more difficult to find out who was of Kosher lineage and the Chachamim no longer investigated the lineage of Kohanim and Leviyim. Therefore the Kohanim were afraid that Pasulim would mix in with little by little therefore they adopted extra stringencies.
QUICK HALACHAH
A ZONAH OR A CHALALAH
A Kohen who has relations with an Ervah or with a Shomeres Yavam and she conceives from the first Bi’ah the child is not a Chalal, but the woman becomes a Zonah and if he has relations with her a second time, or if another Kohen has relations with her the child is a Chalalah. If a Kohen has relations with a Giyores or a freed maidservant even if she conceives from the first Bi’ah the child is a Chalal. If a Kohen has relations with a Nidah the child is Kosher and is not a Chalal (Shulchan Aruch EH 7:14, 15)
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