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YEVAMOS 59

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SUMMARY

It is an unresolved question whether a Kohen Gadol may marry his fianc? who becomes a Bogeres (a girl older than the age of 12 1/2) prior to the Nisu'in. (1)
 
A woman who has Bi'ah with a man who is Pasul to her renders her a Chalalah (disqualified to marry a Kohen).
 
If a Kohen performs Eirusin with a widow and subsequently is appointed Kohen Gadol, he may marry his fianc?. (2)
 
A Kohen Gadol may not marry a widow, even if she is a widow from Eirusin. (3)
 
Rebbi Meir: A Kohen Gadol may not marry a Bogeres. Rebbi Elazar and Rebbi Shimon: He may marry a Bogeres.
 
Rebbi Meir: A Be'ulah she'Lo k'Darkah is permitted to a Kohen Gadol. Rebbi Elazar and Rebbi Shimon: She is not permitted to a Kohen Gadol.
 
Rav rules that a woman who has relations she'Lo k'Darkah is disqualified from marrying a Kohen Gadol. (4)
 
A man who rapes a girl must marry her, with the exception of a girl who is forbidden to him, such as a widow to a Kohen Gadol.
 
Rebbi Elazar says that a woman who has relations with a man to whom she is not married is regarded as a Zonah.
 
If a woman has relations with an animal, she is not regarded as a Be'ulah or a Zonah, and although she is punished with Sekilah, she is permitted to a Kohen. (5)
 
An animal given to a harlot in exchange for Bi'ah with a dog and an animal that is exchanged for a harlot are permitted for a Korban.
 
A Kohen Gadol who had intimate relations with a girl may not marry her.
 
Rebbi Yakov: A child born from a relationship between a Kohen Gadol and a Be'ulah is a Chalal. Chachamim: The child is not a Chalal.

A BIT MORE

1. A Kohen Gadol is not permitted to a Bogeres since she is no longer regarded as a Besulah. The question of the Gemara is based on whether the prohibition of a Kohen Gadol to a Be'ulah is the Eirusin, and thus in this case -- since she was not yet a Bogeres at the time of Eirusin -- she is permitted, or whether the prohibition is the Nisu'in, and since -- at the time of the Nisu'in she is a Bogeres -- she is prohibited.
 
2. Even though it is an unresolved question whether a Kohen Gadol may marry his fianc? who becomes a Bogeres, that is because a girl becoming a Bogeres is a physical change, while in this case there was no physical change.
 
3. Just as a Kohen may not marry a divorcee even if she is a divorcee from Eirusin, a Kohen Gadol may not marry a widow even if she is a widow from Eirusin.
 
4. Rav follows the view of Rebbi Elazar who maintains that a Kohen Gadol is forbidden to a Be'ulah She'Lo k'Darkah. Even though Rebbi Elazar also maintains that a woman who has relations with a man to whom she is not married is regarded as a Zonah and is forbidden even to an ordinary Kohen, Rav is referring to a girl who was married off by her brothers and mother and only had Bi'ah she'Lo k'Darkah, and subsequently did Mi'un.
 
5. She is regarded only as a Mukas Etz, and therefore the opinion that a Kohen Gadol may marry a Mukas Etz will permit her to marry a Kohen Gadol.

BRIEF INSIGHT

BE'ULAH SHE'LO K'DARKAH
 
Rebbi Elazar and Rebbi Shimon say that a Be'ulah she'Lo k'Darkah is Pesulah to a Kohen Gadol. The Rashba asks that Rebbi Elazar rules that an unmarried woman who has relations is regarded as a Zonah, and, therefore, not only is she Pesulah to a Kohen Gadol but she is Pesulah to an ordinary Kohen as well. Why, then, does he say that she is Pesulah to a Kohen Gadol? The Sha'ar ha'Melech asks that even though the Gemara asks the same question on Rav, that is because Rav says that she is Pesulah to a Kohen Gadol and he does not say that she is also a Zonah and Pesulah to an ordinary Kohen as well. Therefore, the Gemara could not answer that she is regarded as both a Zonah and a Be'ulah. However, the question on Rebbi Elazar could be answered that she is regarded as both a Zonah and a Be'ulah, and a Kohen Gadol who marries her transgresses both an Aseh and a Lo Sa'aseh. The Sha'ar ha'Melech answers that a Kohen Gadol who marries a Zonah also transgresses the Aseh of Kedoshim Yiheyu, which applies to all Isurei Kehunah. Therefore, the Gemara could not answer that the Chidush is that the Kohen Gadol is also transgressing an Aseh.

QUICK HALACHAH

ISUREI KEHUNAH
 
Three women are prohibited to all Kohanim: a divorcee, a Zonah, and a Chalalah. A Kohen Gadol is prohibited to four women: the aforementioned three, and also a widow. This applies both to a Kohen Gadol who was anointed with the Shemen ha'Mishchah and to a Kohen Gadol who wears the eight priestly garments. The prohibition applies both to a Kohen Gadol who is presently serving as a Kohen Gadol and to a Kohen Gadol who served previously and is no longer serving. The prohibition also applies to a Kohen Gadol who was anointed for a time of battle. (Rambam, Hilchos Isurei Bi'ah 17:1)

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