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

1) "BI'AH SHE'LO K'DARKAH"
QUESTIONS: The Gemara discusses the view of Rav who maintains that a woman who has relations "she'Lo k'Darkah" becomes Pesulah l'Kehunah, disqualified from marrying the Kohen Gadol. The Gemara questions his view from a Beraisa which implies that she does not become Pesulah l'Kehunah. The Gemara answers that whether she becomes disqualified to a Kohen Gadol depends on the argument between Rebbi Meir and Rebbi Elazar (mentioned on 59a). Rav rules like Rebbi Elazar who is more stringent and maintains that Bi'ah she'Lo k'Darkah disqualifies her from marrying the Kohen Gadol.
The Gemara asks that if Rav rules like Rebbi Elazar, why does he say that she may not marry a Kohen Gadol because she is a Be'ulah? According to Rebbi Elazar, any Bi'ah with a man with whom she is not married ("Panuy ha'Ba Al ha'Penuyah") renders a woman a Zonah. Consequently, this woman also may not marry an ordinary Kohen because she is a Zonah.
There are two difficulties with this Gemara.
(a) Why does the Gemara assume that Rav rules specifically like Rebbi Elazar? Rebbi Elazar is not the only Tana who is stringent with regard to Bi'ah she'Lo k'Darkah; Rebbi Shimon is also of that opinion! The Gemara should say that Rav rules like Rebbi Shimon, and it would have no question that the woman is Pesulah because she is a Zonah since Rebbi Shimon does not maintain that Bi'ah out of wedlock renders a woman a Zonah.
(b) Why does the Gemara challenge the ruling of Rav, who says that the woman is disqualified from marrying a Kohen Gadol because she is a Be'ulah but not because she is a Zonah? The Gemara should pose this question directly to Rebbi Elazar himself! Rebbi Elazar says that a verse teaches that Bi'ah she'Lo k'Darkah renders a woman a Be'ulah and thus disqualifies her from marrying a Kohen Gadol. Why does Rebbi Elazar need a special verse to teach this? Such a woman is already Pesulah because she is a Zonah!
ANSWERS:
(a) The Rishonim suggest several answers to the first question.
1. The RASHBA (here and in Teshuvos 1:1231) answers that the Gemara prefers to say that Rav rules like both Rebbi Elazar and Rebbi Shimon, rather than to say that he rules like only one of them (Rebbi Shimon). For this reason, the Gemara goes out of its way to explain Rav's ruling according to Rebbi Elazar.
2. The RASHBA (Teshuvos ibid.) adds that if Rav follows the view of Rebbi Shimon, his statement here teaches nothing new, other than that the Halachah follows the view of Rebbi Shimon. Therefore, the Gemara assumes that Rav follows the view of Rebbi Elazar, in which case Rav indeed teaches something new. He teaches that although an act of Bi'ah out of wedlock renders a woman a Zonah, nevertheless there are types of Bi'ah she'Lo k'Darkah which do not render her a Zonah (such as Bi'ah with a Behemah, or Bi'ah with a Mema'enes, as the Gemara concludes).
3. The TOSFOS HA'ROSH suggests that the Gemara would not gain anything by saying that Rav rules like Rebbi Shimon. Rebbi Shimon agrees with Rebbi Elazar that a Bi'ah out of wedlock renders a woman a Zonah, as is evident from the Gemara in Sanhedrin (51a).
(b) Why does the Gemara not ask its question on Rebbi Elazar himself? The RASHBA answers that Rebbi Elazar interprets the verse to mean that besides the Isur of Zonah, an additional Isur -- Be'ulah -- disqualifies her from marrying a Kohen Gadol. The verse teaches merely that there is an additional Isur. Rav's statement, on the other hand, implies that the only reason she is disqualified from marrying a Kohen Gadol is that she is a Be'ulah (since he mentions only that she is forbidden because she is a Be'ulah and he does not mention that she is forbidden because she is a Zonah).

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