[59a - 40 lines; 59b - 32 lines]

1)[line 3]מן האירוסין כשרותMIN HA'ERUSIN KESHEIROS- This implies that it is the stage of Nisu'in that effects invalidations relating to Kehunah.

2)[line 4]לשוויהL'SHAVYAH- to change her into

3)[line 4]חללהCHALALAH

(a)See Background to 58:15.

(b)A widow, divorcee or prostitute that has relations with a Kohen Gadol, and a divorcee or prostitute who has relations with a regular Kohen, becomes a "Chalalah." Female children born through such a union are also Chalalos. Also, any Jewish woman who has relations with a Chalal becomes a Chalalah (even though she is permitted to have relations with him).

(c)A Chalalah is prohibited to marry a Kohen. If she does marry (and have relations with) a Kohen, the Chalalah and the Kohen are punished with Malkus. A Chalalah may not eat Terumah. Although a Jewish woman who has living children from a Kohen normally eats Terumah, if she becomes a Chalalah she may no longer eat Terumah. Similarly, although the daughter of a Kohen normally eats Terumah until she becomes married to a non-Kohen, if she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).

(d)A Kohen Gadol must marry a Besulah (virgin) (Vayikra 21:13). This is a Mitzvas Aseh (positive commandment), which is less severe than a negative one such as those forbidding him from marrying a divorcee, Zonah, etc. Should a Kohen transgress this Aseh and marry a Be'ulah (one who has had relations), the Chachamim maintain that she neither becomes a Chalalah nor are the resulting offspring Chalalim. Rebbi Eliezer ben Yakov rules that they are, and the Halachah follows his opinion (Yevamos 59b-60a).

4)[line 5]"והוא אשה בבתוליה יקח""V'HU ISHAH BI'VSULEHA YIKACH"- "And he must marry a woman with her virginity intact." (Vayikra 21:13) - This verse refers to a Kohen Gadol.

5)[line 8]ונתמנהV'NISMANEH- and he was appointed

6)[line 9]"[אלמנה וגרושה וחללה זנה את אלה לא יקח כי אם בתולה מעמיו] יקח אשה""[ALMANAH U'GERUSHAH VA'CHALALAH ZONAH: ES ELEH LO YIKACH; KI IM BESULAH ME'AMAV] YIKACH ISHAH."- "[A widow, a divorcee, a Chalalah (see above, entry #3), and a Zonah (see below, entry #22): these he may not marry; rather a virgin from his nation] he must take for a wife." (Vayikra 21:14) - This verse refers to a Kohen Gadol.

7)[line 10]הכא נמי כתיב אשהHACHA NAMI KESIV ISHAH- [regarding] this case [of a Kohen Gadol who married a Bogeres who was a Ketanah when she was betrothed] too [let us apply the teaching from the word] "Ishah" [that] is written

8)[line 10]ומה ראיתU'MAH RA'IS?- and what did you see [that made you decide that the word "Ishah" permits a Kohen Gadol to marry a widow whom he had betrothed while a regular Kohen, but not a Bogeres whom he had betrothed as a Ketanah]?

9)[line 11]הא אישתני גופהHA ISHTENI GUFAH- the body [of a Bogeres] has changed [and there is therefore less of a reason to permit her to him]

10)[line 14]הבוגרתHA'BOGERES (BOGERES)

A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse she becomes a Bogeres (adult).

11)[line 15]מוכת עץMUKAS ETZ- lit. one hit by a stick; a woman whose hymen has been broken by a foreign object

12)[line 16]"אלמנה לא יקח""ALMANAH LO YIKACH"- this is a paraphrase of Vayikra 21:14; see above, entry #6

13)[line 18]לילף אלמנה אלמנהLEILIF ALMANAH ALMANAH- one might have thought that we learn from Tamar. She was widowed from Nisu'in and she was called Almanah. Perhaps also the Almanah forbidden to a Kohen Gadol is only from Nisu'in!

14)[line 18]מתמרMI'TAMAR- she was widowed when she was a Nesua'h and was called an Almanah

15)[line 24]שכלו לה בתוליהKALU LAH BESULEHA- who has less blood of Besulim

16)[line 27]בתולהBESULAH- a virgin who was never married in the past

17a)[line 29]בכדרכהBK'DARKAH- marital relations in the normal way

b)[line 29]שלא כדרכהSHE'LO K'DARKAH- marital relations in an unnatural way

18)[line 34]לכהונהL'KEHUNAH- if a woman had marital relations in an unnatural way, she is disqualified from marrying the Kohen Gadol

19)[line 35]"ולו תהיה לאשה""V'LO SIYEHEH L'ISHAH..."- "She will be a wife to him (the man who raped her)"

20)[line 37]מאי איריאMAI IRYA- why does it mention

21)[line 38]תיפוק ליהTEIPOK LEI- (lit. bring it out from) she is forbidden to him because she is a widow, but not because she is not a virgin!

59b----------------------------------------59b

22)[line 3]זונהZONAH

(a)The Torah prohibits a Kohen from marrying a Zonah, with an Isur Lav (Vayikra 21:14). A Zonah is generally defined as a woman who had relations with a man out of wedlock. However, the Tana'im argue about the exact definition of who is a Zonah.

1.Some say that a Zonah is any woman who is unable to have children, since it is not the manner for men to marry such a woman. She is prohibited to a Kohen whether she actually had relations with a man out of wedlock or not.

2.Some say that a Zonah is any woman who had relations with a man out of wedlock, i.e. without Kidushin, or, according to others, any woman who made herself available for all (without Kidushin).

3.Others say that the only woman who is considered a Zonah is an "Eshes Ish," a woman who committed adultery.

4.The Chachamim say that a Zonah is a woman who had relations with a man to whom she is prohibited (Yevamos 61b).

(b)The Halachah follows the Chachamim, who say that a Zonah is a woman (at least three years of age) who had relations with a man to whom she is prohibited. The Rishonim, though, argue about which Isur will make her into a Zonah.

1.A number of Rishonim maintain that a Zonah is only a woman who had relations with a man to whom she is prohibited with an Isur Kares or with a man with whom Kidushin cannot take effect (such as an Eved or a Nochri). A woman who had relations with a man to whom she is prohibited with only an Isur Lav is not considered a Zonah. Although she, too, is prohibited to a Kohen because of a different verse, a Kohen will not receive Malkus for marrying her. (RA'AVAD, Hilchos Isurei Bi'ah 18:1; see also TOSFOS in Gitin 89a, DH Be'ulah, and MAHARSHA there.)

2.Others agree that a woman becomes a Zonah only after having relations with a man with whom Kidushin cannot take effect, but they add that a Kohen will also receive Malkus for marrying a woman who had relations with a man who is prohibited to her with an Isur Lav (based on the other verse, alluded to above). (TOSFOS; TOSFOS HA'ROSH to Yevamos 44b, DH Hacha Nami - see also TOSFOS 61a, DH sh'Niv'alah, MILCHAMOS to Yevamos 56b.)

3.Others say that having relations with a man who is prohibited to her with any Isur, whether it is an Isur Kares or an Isur Lav, will make her into a Zonah. (RASHI to Yevamos 56b, 61b, and RAMBAM, Hilchos Isurei Bi'ah 18:1.)

(c)A woman who had relations with a man who is prohibited to her because of an Isur Kehunah (for example, an Almanah (widow) who had relations with a Kohen Gadol, and a Gerushah (divorcee) who had relations with a regular Kohen) becomes a Chalalah, but not a Zonah. She, too, becomes prohibited from marrying a Kohen and from eating Terumah. A woman who has relations with a man who was not always prohibited to her (such as a "Machzir Gerushaso") does not become a Zonah and is permitted to marry a Kohen and to eat Terumah (Yevamos 69a).

(d)A convert is also prohibited to a Kohen because of the Isur of Zonah (Yevamos 61b). The Rishonim argue about the reason for this.

1.According to RASHI (ibid.) and the RA'AVAD (Hilchos Isurei Bi'ah 18:3), the reason is because she had relations with a Nochri or an Eved, with whom Kidushin cannot take effect (as mentioned above in b:1). Therefore, if she was less than three years old when she converted, she is not considered a Zonah and she is not prohibited to a Kohen because of the Isur of Zonah. However, she is prohibited because of a different verse (in Yechezkel) as taught in Kidushin 78a.

2.The RAMBAM (Hilchos Isurei Bi'ah 18:1, 3), though, says that any woman who was not born Jewish, whether she converted or not, whether she is less than three years old or older, is prohibited to a Kohen mid'Oraisa because of the Isur of Zonah.

(e)Most Rishonim prohibit a Zonah from eating Terumah as well, just like she is prohibited from marrying a Kohen (RASHI, Yevamos 68b; TOSFOS, Yevamos 35a, DH Af Al Pi, and 34b, DH Hacha). Even those who maintain that she is not prohibited to eat Terumah because of the Isur of Zonah nevertheless prohibit her from eating Terumah if she had relations with someone to whom she is prohibited (with an Isur Kares or an Isur Lav, or with a Nochri or an Eved) based on a different verse (Yevamos 68b; see RASHBA there). However, some (RASHI, Yevamos 13b, DH u'Beis Hillel, and 68b, DH v'Is d'Mefarshi) assert that she becomes prohibited from eating Terumah only if she had relations with a man who is prohibited to her with an Isur Lav. If she had relations with an Isur Kares (unwillingly, see Insights there) or with a person with whom Kidushin does not take effect, she may still eat Terumah.

23)[line 4]פנויPANUY- a bachelor

24)[line 5]כגוןKEGON- that is, the case in which Rav said that she becomes prohibited to Kohanim through a Bi'ah she'Lo k'Darka was a case in which she had Znus with a Behemah.

25)[line 9]מידי דהויא אמוכת עץ שלא כדרכהMIDI D'HAVYA A'MUKAS ETZ SHE'LO K'DARKAH- the reason she is Asur to a Kohen Gadol is because she is a Mukas Etz in the place of Bi'ah she'Lo k'Darkah.

26)[line 12]צרורTZROR- a stone

27)[line 13]בממאנתB'MEMA'ENES (MI'UN)

(a)The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.

(b)If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.

(c)According to the RAMBAM and the RA'AVAD, in the above circumstances, the Chachamim also gave her the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).

(d)In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

28)[line 15]שבסקילהSHEB'SEKILAH- if she had Bi'ah with one who is not a man, even though she is liable to be stoned, she is Kesherah to Kehunah.

29)[line 17]בריבהB'RIVAH- with one girl

30)[line 17]בהיתלוB'HISLO- at a place called "Hislo." (According to our Girsa, "Hislo," this might possibly be Yislah - Yehoshua 19:42, or Cheslon - Yechezkel 47:15, 48:1. However, the correct Girsa appears to be that of the Yerushalmi, "Ayesalo" (with an Ayin and not a Heh, sometimes written in two words, "Ayesa Lo" - Kinos of Tish'ah b'Av), the hometown of one of the 24 Mishmeros Kehunah. According to Sefer Tevu'os ha'Aretz, Ayesalo was near Gush Chalav (and Tzefat) in the upper Galilee.)

31)[line 17]מכבדתMECHABEDES- she swept the house

32)[line 18]ורבעהRIV'AH- and she had relations with

33)[line 18]כלב כופריKELEV KUFRI- (a) a large, hunting dog (RASHI); (b) a small dog whose howling is heard at night coming from the villages in the desert (ARUCH)

34)[line 18]מאחריהME'ACHAREHA- lit. from behind; i.e. she had unnatural intercourse with a dog

35)[line 21]מפרקיןMI'PIRKIN- Rava, from the place called Pirkin (or Parzikiya - MESORES HA'SHAS, possibly Porsika in modern-day Iraq)

36)[line 23]"לא תבוא אתנן זונה ומחיר כלב [בית ה' אלקיך לכל נדר כי תועבת ה' אלקיך] גם שניהם""LO SAVI ESNAN ZONAH U'MECHIR KELEV [BEIS HASH-M ELOKECHA L'CHOL NEDER, KI TO'AVAS HASH-M ELOKECHA] GAM SHENEIHEM."- (Devarim 23:19).

37)[line 24]אתנן כלבESNAN KELEV- the payment of the hire of a dog for bestiality (see Rashi here, and see Rashi in Temurah 30b)

38)[line 24]ומחיר זונהU'MECHIR ZONAH- an animal received in exchange for a harlot

39a)[line 26]אנוסת עצמוANUSAS ATZMO- a Kohen Gadol may not marry a woman he himself raped

b)[line 26]ומפותת עצמוMEFUTAS ATZMO- a Kohen Gadol may not marry a woman he himself seduced

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