REVACH L'DAF
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SUMMARY
A Kohen Gadol who seduced a girl and subsequently married her does not have to pay a Kenas (fine), even though he is obligated to divorce her. (1) Rav and Rebbi Yochanan both say that although a Kohen Gadol may not marry a Bogeres or Mukas Etz, if he marries her he may remain married. (2) Rebbi Eliezer ben Yakov: A child born from a relationship of a Kohen with an Isur Aseh is a Chalal. Chachamim: The child is not a Chalal. Rebbi Eliezer ben Yakov rules that a child born from a relationship of a Kohen with his wife when she is a Nidah is not a Chalal. There is a dispute between the Tana'im about whether a Kohen may become Tamei for his sister who is an Arusah. (3) If a sister was raped or seduced, her brother the Kohen may not become Tamei for her. Rebbi Shimon says that if a sister is fit to marry a Kohen Gadol, her brother the Kohen may become Tamei for her. (4) Everyone agrees that a Kohen may become Tamei for his sister who is a Bogeres. (5) Even according to Rebbi Yosi and Rebbi Shimon, a Kohen may become Tamei for his sister who was an Arusah and subsequently was divorced. Rebbi Shimon ben Yochai: A girl who becomes a Giyores at less than three years of age is permitted to marry a Kohen. Chachamim: She may not marry a Kohen. Klal Yisrael passed the Midyanite girls in front of the Tzitz. Whoever paled was at least three years old and was killed. The Tzitz is never used for the purpose of punishment unless it is a punishment for Nochrim. According to the Chachamim, a girl who becomes a Giyores at less than three years of age is prohibited to a Kohen, even b'Di'eved. (6)
A BIT MORE
1. A man who seduces a girl must pay a Kenas only if he does not marry her. 2. She is permitted to him b'Di'eved because even if the Kohen Gadol marries an ordinary Besulah, she will eventually become a Bogeres or Mukas Etz. 3. Once she is married everyone, agrees that her brother the Kohen may not become Tamei for her. 4. Consequently, Rebbi Shimon says that if the sister is a Mukas Etz, her brother the Kohen may not become Tamei for her, because Rebbi Shimon maintains that a Mukas Etz may not marry a Kohen Gadol. 5. Even Rebbi Meir, who rules that a Kohen Gadol may not marry a Bogeres, agrees that her brother the Kohen may become Tamei for her. 6. Rav and Rebbi Yochanan both say that although a Kohen Gadol may not marry a Bogeres or Mukas Etz, if he marries her he may remain with her. This is because even if the Kohen Gadol marries an ordinary Besulah, she will eventually become a Bogeres or Mukas Etz. However, an ordinary Besulah will not eventually become a Zonah.
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BRIEF INSIGHT
A KOHEN GADOL AND A MEFUTAS ATZMO The Gemara says that a Kohen Gadol who seduced a girl and subsequently married her does not have to pay a Kenas (fine), even though he is obligated to divorce her. Tosfos asks that since he is obligated to divorce her, what difference does it make that he is not obligated to pay a Kenas? In any case he must pay her a Kesuvah (which is the same amount as the Kenas). Tosfos answers that he is obligated to divorce her only mid'Rabanan, but Min ha'Torah he may remain with her. Since he is allowed to remain with her Min ha'Torah, a child born from this union will not be a Chalal, even according to Rebbi Eliezer ben Yakov.
QUICK HALACHAH
RELATIVES OF A KOHEN GADOL A Kohen Gadol may not become Tamei for a sister who is an Arusah, even if her Chasan is a Kohen, or if she was raped or seduced. However, he may become Tamei for a sister who was an Arusah and subsequently was divorced, or if she was a Bogeres or Mukas Etz. (Shulchan Aruch YD 373:5)
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