Halacha
הלכה א
שָׁלֹשׁ נָשִׁים נֶאֶסְרוּ עַל כָּל הַכֹּהֲנִים. גְּרוּשָׁה זוֹנָה וַחְללָה. וִעַל כֹּהֵן גָּדוֹל אַרְבַּע. אֵלּוּ הַשָּׁלֹשׁ וְהָאַלְמָנָה. אֶחָד כֹּהֵן גָּדוֹל מָשׁוּחַ בְּשֶׁמֶן הַמִּשְׁחָה אוֹ הַמְרֻבֶּה בְּגָדִים. וְאֶחָד כֹּהֵן הָעוֹבֵד וְאֶחָד כֹּהֵן גָּדוֹל שֶׁמִּנּוּהוּ וְעָבַר. וְכֵן כֹּהֵן מְשׁוּחַ מִלְחָמָה. כֻּלָּן מְצֻוִּין עַל הַבְּתוּלָה וַאֲסוּרִין בְּאַלְמָנָה:
כסף משנה
1.
There are three women who are forbidden to all priests [by Scriptural Law]: a divorcee, a zonah,1This term is defined in depth in the following chapter. and a challalah.2This term is defined in Chapter 19. There are four [forbidden to] a High Priest. These three and a widow.Bound by [the prohibitions applying to a High Priest] are one anointed with the oil of anointment3As was the practice until the later years of the First Temple. or one who assumed his position by wearing the additional garments,4I.e., in the later years of the First Temple, the oil of anointment was entombed together with the Holy Ark. From that time onward, the High Priests assumed their position by wearing the eight garments of the High Priest. [See the Rambam's Commentary to the Mishnah (Megilah 1:9).] one serving in that capacity, a High Priest who was appointed and then removed from the office, and a priest anointed to lead a war.5See Hilchot Melachim 7:1 which states:
In both a milchemet mitzvah (a war that it is a mitzvah to wage) and a milchemet hareshut (a war that we have license to wage), a priest is appointed to address the nation before the battle. He is anointed with the oil of anointment and is called, the meshuach milchamah.
Although this individual is not a High Priest with regard to the Temple service, since he was anointed, certain of the dimensions of the High Priesthood are incumbent upon him. All of these are commanded [to marry] a virgin and are forbidden to marry a widow.6I.e., a High Priest - and the others mentioned - are bound by a positive commandment to marry a virgin and a negative commandment to marry a widow.
הלכה ב
כָּל כֹּהֵן שֶׁנָּשָׂא אַחַת מֵהַשָּׁלֹשׁ נָשִׁים אֵלּוּ בֵּין גָּדוֹל בֵּין הֶדְיוֹט וּבָעַל לוֹקֶה. וְאִם בָּא עָלֶיהָ דֶּרֶךְ זְנוּת אֵינוֹ לוֹקֶה מִשּׁוּם זוֹנָה אוֹ גְּרוּשָׁה אוֹ חֲלָלָה שֶׁנֶּאֱמַר (ויקרא כא ז) "לֹא יִקָּחוּ" עַד שֶׁיִּקַּח וְיִבְעל:
כסף משנה
2.
Any priest who marries7The Rambam's wording is somewhat inexact. For the prohibition applies even if the priest merely consecrated the woman and entered into relations with her. Marriage (nissuin) is not required (Kiddushin 78a). one of these three women - whether a High Priest or an ordinary priest - and engages in relations is punished by lashes. If he enters into promiscuous relations with her, he does not receive lashes for [violating the prohibitions against] a zonah, a divorcee, and a challalah.8He does, however, receive lashes for violating the prohibition against promiscuous relations, as the Rambam states in Hilchot Ishut 1:4). [This is derived from the fact that Leviticus 21:7 states the prohibition using the term:] "They shall not take." [Implied is that the prohibition does not apply] unless he takes - marries - [the woman] and enters into relations with her.9According to the Rambam's understanding of Kiddushin 78a,b for the prohibition to apply both marriage and intimate relations are necessary. If the priest performs one of these acts without the other, the Scriptural prohibition does not apply. The Ra'avad takes issue with the Rambam and maintains that the prohibition applies even when consecration is not involved.הלכה ג
אֲבָל כֹּהֵן גָּדוֹל שֶׁבָּא עַל אַלְמָנָה לוֹקֶה אַחַת אַף עַל פִּי שֶׁלֹּא קִדֵּשׁ שֶׁנֶּאֱמַר (ויקרא כא טו) "לֹא יְחַלֵּל" כֵּיוָן שֶׁבְּעָלָהּ חִלְּלָהּ וּפְסָלָהּ לִכְהֻנָּה. אֲבָל זוֹנָה וַחֲלָלָה וּגְרוּשָׁה הֲרֵי הֵן מְחֻלָּלוֹת וְעוֹמְדוֹת קֹדֶם בְּעִילָתוֹ. וּלְפִיכָךְ לוֹקֶה כֹּהֵן גָּדוֹל לְבַדּוֹ עַל בְּעִילַת אַלְמָנָה לְבַדָּהּ אַף עַל פִּי שֶׁאֵין שָׁם קִדּוּשִׁין שֶׁהֲרֵי חִלְּלָהּ וְהוּא מֻזְהָר שֶׁלֹּא יְחַלֵּל כְּשֵׁרִים לֹא אִשָּׁה וְלֹא זַרְעוֹ:
כסף משנה
3.
When, by contrast, a High Priest enters into relations with a widow, he receives lashes even though he did not consecrate her. [This is derived from ibid.:15 which states]: "And he shall not desecrate...." As soon as he engages in relations with her, he desecrates her and disqualifies her from the priesthood.10According to the literal meaning of the verse, the object of the verb "desecrate" is "his offspring." If a priest enters into a relationship with one of these women, his offspring are challalim, "desecrated," and are not considered as members of the priestly family. Nevertheless, Kiddushin, loc. cit., interprets the phrase non-literally, explaining that the verb refers to the woman. By entering into relations with the priest, she becomes "desecrated" from the priesthood, i.e., forbidden to marry a priest. Moreover, the fact that the prohibition against a High Priest entering into relations with a widow mentions that term implies that causing the woman to be placed in such a status is prohibited. Since she is given that status even if the relations are held outside of marriage, marriage is not a fundamental element of the prohibition. A zonah, challalah, and divorcee, by contrast, are disqualified from the priesthood before one enters into relations with them.11As stated in Halachah 1. Therefore a High Priest alone receives lashes for merely entering into relations with a widow even though she was not consecrated. For he desecrates her and he is warned against desecrating people of acceptable lineage, [other] women and his offspring.הלכה ד
קִדֵּשׁ כֹּהֵן גָּדוֹל אַלְמָנָה וּבְעָלָהּ לוֹקֶה שְׁתַּיִם. אַחַת מִשּׁוּם (ויקרא כא יד) "אַלְמָנָה לֹא יִקָּח". וְאַחַת מִשּׁוּם (ויקרא כא טו) "לֹא יְחַלֵּל". וּבֵין כֹּהֵן גָּדוֹל וּבֵין כֹּהֵן הֶדְיוֹט שֶׁנָּשָׂא אִשָּׁה מִן הָאַרְבַּע וְלֹא בָּעַל אֵינוֹ לוֹקֶה:
כסף משנה
4.
When a High Priest consecrates a widow and enters into relations with her, he receives two sets of lashes: one because of the prohibition: "He shall not take a widow," and one because of the prohibition: "He shall not desecrate." Whether a High Priest or an ordinary priest marries one of these four, but does not engage in relations, he does not receive lashes.הלכה ה
וְכָל מָקוֹם שֶׁהוּא לוֹקֶה הִיא לוֹקָה. וְכָל מָקוֹם שֶׁהוּא אֵינוֹ לוֹקֶה הִיא אֵינָהּ לוֹקָה. שֶׁאֵין הֶפְרֵשׁ בֵּין אִישׁ לְאִשָּׁה לָעֳנָשִׁין זוּלָתִי בְּשִׁפְחָה חֲרוּפָה בִּלְבַד כְּמוֹ שֶׁבֵּאַרְנוּ:
כסף משנה
5.
Whenever [the priest] receives lashes, the woman [with whom he engages in relations] is given lashes.12For the prohibition against these relations involve the woman as well as the man. See Keritot 10b, Yevamot 84b. Whenever he does not receive lashes, she does not receive lashes. For there is no difference between a man and a woman with regard to punishments with the exception of a designated maidservant as explained.13Chapter 3, Halachah 14.הלכה ו
כָּל כֹּהֵן הַבָּא עַל הַכּוּתִית בֵּין גָּדוֹל בֵּין הֶדְיוֹט לוֹקֶה מִשּׁוּם זוֹנָה. שֶׁהֲרֵי אֵינָהּ בַּת קִדּוּשִׁין וְהוּא אָסוּר בִּבְעִילַת זוֹנָה בֵּין יִשְׂרְאֵלִית בֵּין כּוּתִית:
כסף משנה
6.
Any priest - whether a High Priest or an ordinary priest - who enters into relations with a gentile woman receives lashes for relations with a zonah.14See Chapter 18, Halachah 1. [There is a difference between her and a Jewish woman,]15In which instance, the prohibition applies only if she was consecrated (Halachah 2). because she cannot be consecrated. He is forbidden to enter into relations with any zonah, whether a Jewess or a gentile.הלכה ז
הַחֲלוּצָה אֲסוּרָה לְכֹהֵן מִדִּבְרֵי סוֹפְרִים מִפְּנֵי שֶׁהִיא כִּגְרוּשָׁה וּמַכִּין אוֹתוֹ מַכַּת מַרְדּוּת מִדִּבְרֵיהֶם. כֹּהֵן שֶׁנָּשָׂא סְפֵק חֲלוּצָה אֵין מוֹצִיאִין אוֹתָהּ מִתַּחְתָּיו וְהִיא כְּשֵׁרָה וּוְלָדָהּ כָּשֵׁר. מִפְּנֵי שֶׁלֹּא גָּזְרוּ עַל סְפֵק חֲלוּצָה אֶלָּא עַל חֲלוּצָה וַדָּאִית. וְכֵן מִי שֶׁהָיְתָה סְפֵק גְּרוּשָׁה אוֹ סְפֵק אַלְמָנָה אוֹ סְפֵק זוֹנָה וּסְפֵק חֲלָלָה מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת וּמוֹצִיא בְּגֵט:
כסף משנה
7.
A woman who has undergone the rite of chalitzah (a chalutzah)16When a man dies childless, his widow is required to marry her deceased husband's brother in the rite called yibbum. She is forbidden to marry anyone else. If he does not desire to marry her, he must release her through the ritual called chalitzah. See Deuteronomy, ch. 25, Hilchot Yibbum ViChalitzah. is forbidden to a priest according to the Rabbinic tradition, for she resembles a divorcee.17Just as a divorcee is released from her connection to her husband through a get, a childless widow is released from her obligation to her brother-in-law through chalitzah. [If he engages in relations with such a woman,] he is given "stripes for rebellious conduct."18The punishment given for the violation of a Rabbinic commandment.When a priest marries a woman whose status as a chalutzah is doubtful,19E.g., her brother-in-law performed the chalitzah rite, it was, however, questionable if he was obligated to do so or not, or if he was in fact her brother-in-law or not. he is not compelled to divorce her.20If, however, she was definitely a chalutzah, we would compel him to divorce. For a person should be compelled to observe a Rabbinic prohibition. Similarly, before he marries her, he should be prevented from doing so. Since there is a possibility that a Rabbinic prohibition is involved, we should prevent him from risking its violation. If, however, the couple are already married, we follow the principle "When there is a question of a Rabbinic prohibition involved, we rule leniently." She is acceptable21I.e., she is not considered as a challalah, a woman who entered into forbidden relations with a priest. and her child is acceptable.22I.e., he or she is not considered as a challah. For our Sages did not decree against a woman whose status as a chalutzah is doubtful, only against one who is definitely in that category. When it is questionable if a woman is a divorcee,23A woman was divorced in a manner whether it was questionable whether the divorce was effective or not and afterwards, here husband died. a widow,24As related in Halachah 12, this applies to a situation in which there is a question whether a man consecrated a woman in an effective manner or not and then dies. Hence, there is a question whether she is a widow. a zonah,25See Chapter 18, Halachah 12. or a challalah,26The offspring of a priest who had relations with a woman concerning whom a doubt existed whether she was forbidden to him or not (Chapter 19, Halachah 9). [a priest who marries her] is given "stripes for rebellious conduct" and required to divorce her with a get.27He is required to divorce her, based on the principle "When a doubt concerning a Scriptural prohibition is involved, we take the more stringent view" (Maggid Mishneh). In this instance, since there is a possibility that a Scriptural prohibition is involved in the marriage to each of these women, we rule stringently and require a divorce. A get is required, for even if there is a prohibition involved - and certainly if there is no prohibition involved - the consecration is binding. For the woman to be able to remarry, she must be divorced.
הלכה ח
כְּלָל גָּדוֹל הוּא בְּכָל אִסּוּרִים שֶׁבַּתּוֹרָה שֶׁאֵין אִסּוּר חָל עַל אִסּוּר אֶלָּא אִם כֵּן הָיוּ שְׁנֵי אִסּוּרִין בָּאִין כְּאַחַת. אוֹ שֶׁהָיָה הָאִסּוּר הָאֶחָד מוֹסִיף דְּבָרִים אֲחֵרִים עַל אוֹתוֹ הָאִסּוּר. אוֹ אִם הָיָה כּוֹלֵל דְּבָרִים אֲחֵרִים עִם אִסּוּר זֶה:
כסף משנה
8.
There is a major general principle that applies with regard to all of the Torah's prohibitions. One prohibition does not take effect when another prohibition is in effect unless:a) both of the prohibitions take effect at the same time;28Hilchot Ma'achalot Assurot 5:5 gives an example of this concept. When a person rips a limb from a living animal which causes the animal to become trefe, he is considered to have transgressed two prohibitions: the prohibition against eating flesh from a living animal and the prohibition against partaking of an animal that is trefe, for both prohibitions take effect at the same time.
b) the latter prohibition forbids additional entities besides [the entity that was originally] prohibited;29This concept is exemplified in the following two halachot. See also Hilchot Ma'achalot Assurot 7:2.
c) when the scope of the [latter] prohibition encompasses other entities together with [the entity that was originally] prohibited.30This principle is exemplified by Hilchot Ma'achalot Assurot 8:6 which relates that a person who partakes of a gid hanesheh, a sciatic nerve, of an animal which is trefe is liable for two transgressions. Since when the animal became trefe, its entire body became encompassed in the prohibition, that prohibition also encompasses the gid even though it was prohibited beforehand.
הלכה ט
לְפִיכָךְ אִשָּׁה שֶׁהָיְתָה אַלְמָנָה וְנַעֲשֵׂית גְּרוּשָׁה וְנַעֲשֵׂית חֲלָלָה וְנַעֲשֵׂית זוֹנָה וּבָא עָלֶיהָ כֹּהֵן גָּדוֹל אַחַר כָּךְ לוֹקֶה אַרְבַּע מַלְקִיּוֹת עַל בִּיאָה אַחַת. לְפִי שֶׁהָאַלְמָנָה אֲסוּרָה לְכֹהֵן גָּדוֹל וּמֻתֶּרֶת לְהֶדְיוֹט.
כסף משנה
9.
Accordingly,31I.e., on the basis of the principle that a prohibition that includes additional factors takes effect. When a woman was a widow and then she became a divorcee,32I.e., her second husband divorced her. and then she became a challalah,33By having relations with a priest. and then she became a zonah,34By engaging in relations with a person whom she is forbidden to marry. should a High Priest engage in relations with her afterwards, he receives four sets of lashes for engaging in relations once. For a widow is forbidden to a High Priest, but permitted to an ordinary priest.הלכה י
חָזְרָה לִהְיוֹת גְּרוּשָׁה נוֹסָף בָּהּ אִסּוּר וְנֶאֱסֶרֶת לְכֹהֵן הֶדְיוֹט. לְפִיכָךְ נוֹסָף בָּהּ אִסּוּר אַחֵר עַל אִסּוּר הָאַלְמָנָה וַעֲדַיִן הִיא מֻתֶּרֶת לֶאֱכל בִּתְרוּמָה. נַעֲשֵׂית חֲלָלָה נוֹסָף בָּהּ אִסּוּר שֶׁהֲרֵי נֶאֱסֶרֶת בִּתְרוּמָה וַעֲדַיִן הִיא מֻתֶּרֶת לְיִשְׂרָאֵל. נַעֲשֵׂית זוֹנָה הוֹאִיל וְיֵשׁ שֵׁם זְנוּת שֶׁאוֹסְרָהּ עַל יִשְׂרָאֵל אִם זִנְּתָה אִשְׁתּוֹ בְּרָצוֹן נוֹסָף בָּהּ אִסּוּר אַחֵר. וְהוּא הַדִּין לְכֹהֵן הֶדְיוֹט שֶׁבָּא עַל הַגְּרוּשָׁה שֶׁנַּעֲשֵׂית חֲלָלָה וְאַחַר כָּךְ זוֹנָה שֶׁהוּא לוֹקֶה שָׁלֹשׁ עַל בִּיאָה אַחַת. אֲבָל אִם נִשְׁתַּנָּה סֵדֶר זֶה אֵינוֹ לוֹקֶה אֶלָּא אַחַת:
כסף משנה
10.
When she becomes a divorcee, she becomes forbidden by an additional prohibition [for] she is also forbidden to an ordinary priest. Therefore, [even for the High Priest,] another prohibition aside from that against relations with a widow is added to her. She is, nevertheless, still permitted to partake of terumah.35I.e., if her father was a priest, after her marriages, she returns to his home and may partake of terumah. Alternatively, if her second husband was an ordinary priest and she gave birth to a child, she may partake of terumah because of her child. If she becomes a challalah, another prohibition is added to her, for she is forbidden to partake of terumah. She is, nevertheless, still permitted to marry an Israelite.If she becomes a zonah, another prohibition is added to her, since there is a type of promiscuous relations that would cause her to be forbidden to an Israelite, e.g., a married woman engaged in adultery voluntarily.
The same principle applies36I.e., the priest is liable for additional sets of lashes. to an ordinary priest who engaged in relations with a divorcee who became a challalah and then a zonah. He receives three sets of lashes for engaging in relations once. If this order is altered,37I.e., she becomes a zonah first. If other prohibitions precede her becoming a zonah, she receives the appropriate number of lashes (Maggid Mishneh). she only receives one set of lashes.38For the other prohibitions would not add anything once she becomes forbidden in this manner.
הלכה יא
מִי שֶׁנִּתְאַלְמְנָה מֵאֲנָשִׁים הַרְבֵּה אוֹ נִתְגָּרְשָׁה מֵאֲנָשִׁים הַרְבֵּה אֵין לוֹקִין עָלֶיהָ אֶלָּא אַחַת עַל כָּל בִּיאָה. אַלְמָנָה בֵּין מִן הָאֵרוּסִין בֵּין מִן הַנִּשּׂוּאִין אֲסוּרָה:
כסף משנה
11.
When a woman is widowed from several men or divorced from several men, [a High Priest or a priest] receive only one set of lashes for each time they engage in relations.39The fact the she was widowed or divorced several times does not increase the number of prohibitions involved. A woman is forbidden as a widow whether she was widowed after [only] consecration or after marriage.הלכה יב
כֹּהֵן גָּדוֹל שֶׁמֵּת אָחִיו אַף עַל פִּי שֶׁהוּא מִן הָאֵרוּסִין הֲרֵי זֶה לֹא יְיַבֵּם אֶלָּא חוֹלֵץ. נָפְלָה לוֹ יְבָמָה וְהוּא כֹּהֵן הֶדְיוֹט וְנִתְמַנָּה לִהְיוֹת כֹּהֵן גָּדוֹל אַף עַל פִּי שֶׁעָשָׂה בָּהּ מַאֲמָר כְּשֶׁהוּא כֹּהֵן הֶדְיוֹט הֲרֵי זֶה לֹא יְיַבֵּם אַחַר שֶׁנִּתְמַנָּה. אֲבָל אִם אֵרֵס אֶת הָאַלְמָנָה וְנִתְמַנָּה לִהְיוֹת כֹּהֵן גָּדוֹל הֲרֵי זֶה יִכְנֹס אַחַר שֶׁנִּתְמַנָּה. הָיְתָה מְקֻדֶּשֶׁת סְפֵק קִדּוּשִׁין וּמֵת אֲרוּסָהּ הֲרֵי זוֹ סְפֵק אַלְמָנָה:
כסף משנה
12.
When the brother of a High Priest dies, even if the deceased had [merely] consecrated his wife,40And thus she is still a virgin and fit to marry a High Priest. [the High Priest] should not perform the rite of yibbum. Instead, he should perform chalitzah.41In Hilchot Yibbum ViChalitzah 6:10, the Rambam states that the woman must perform chalitzah, because were her yevam to perform yibbum, he would acquire her as his wife. Moreover, according to law, he should perform yibbum, because whenever the observance of a positive commandment conflicts with the observance of a negative commandment, the positive commandment takes precedence. Nevertheless, our Sages forbade yibbum lest he engage in relations with her a second time. In such an instance, relations with her are forbidden and there is no mitzvah. For the positive commandment of yibbum applies only the first time the couple engage in relations.If a woman became his yevamah while he was an ordinary priest and he was then appointed as the High Priest, he should not perform yibbum once he has been appointed.42For the reason mentioned in the previous note. [This applies] even if he already gave his word43The Hebrew term the Rambam uses maamar has a specific halachic meaning. As explained in Hilchot Yibbum ViChalitzah 2:1, although according to Scriptural Law, the yibbum relationship is established through intimate relations, our Sages ordained that before engaging in relations, a yevam declare his intent to his yevamah. They equated this declaration with consecration. [that he would marry] her while he was an ordinary priest.44For a maamar does not establish a relationship. If, however, he consecrated a widow and was then appointed as a High Priest, he should marry her.45Because she is already his wife.
If she was consecrated, but the status of the consecration was questionable and then the person who consecrated her died, she is considered a widow of questionable status.46And because of the doubt, she is forbidden to a High Priest.
הלכה יג
מִצְוַת עֲשֵׂה עַל כֹּהֵן גָּדוֹל שֶׁיִּשָּׂא נַעֲרָה בְּתוּלָה. וּמִשֶּׁתִּבְגֹּר תֵּאָסֵר עָלָיו שֶׁנֶּאֱמַר (ויקרא כא יג) "וְהוּא אִשָּׁה בִבְתוּלֶיהָ יִקָּח". אִשָּׁה לֹא קְטַנָּה. בִּבְתוּלֶיהָ וְלֹא בּוֹגֶרֶת. הָא כֵּיצַד. יָצָאת מִכְּלַל קַטְנוּת וְלִכְלַל בַּגְרוּת לֹא בָּאָה זוֹ נַעֲרָה. וְאֵינוֹ נוֹשֵׂא שְׁתֵּי נָשִׁים לְעוֹלָם כְּאַחַת שֶׁנֶּאֱמַר אִשָּׁה אַחַת וְלֹא שְׁתַּיִם:
כסף משנה
13.
It is a positive commandment for a High Priest to marry a virgin maiden.47The term "maiden" refers to a girl between the age of twelve and twelve and a half who has manifested signs of physical maturity (Hilchot Ishut 2:1). When she reaches the age of maturity,48Twelve and a half. This is the meaning of the term throughout this chapter. she becomes forbidden to him,49Since he must marry a virgin, he is forbidden to marry anyone other than a virgin. Even if he consecrated the woman beforehand, if he has not married her and she attains maturity after he is appointed as a High Priest, he may not marry her as stated in Halachah 17. as [Leviticus 21:13] states: "He shall marry a virgin woman." "Woman" implies that she is not a minor. "Virgin" implies that she has not reached maturity. What is implied? She has departed from the category of a minor, but has not fully reached maturity, i.e., a maiden. He may never be married to two women at the same time.50As stated in Hilchot K'lei HaMikdash 5:10, a High Priest may not have two wives while he is performing the Yom Kippur services. Here the Rambam is stating that the prohibition applies not only on Yom Kippur, but throughout the year.The Ra'avad notes that II Chronicles 24:3 speaks of Yehoyeda the High Priest and the marriage of two women, seemingly contradicting the Rambam's ruling. The Ra'avad interprets the verse as stating that Yehoyeda married the women himself. (Similarly, Rav Moshe HaCohen and others question the Rambam's ruling.) Rambam LeAm, however, advances the interpretation that the verse is stating that Yehoyeda had Yoash marry the women. [This is derived from the singular form of the term] "woman," i.e., one, but not two.
הלכה יד
כֹּהֵן גָּדוֹל לֹא יִשָּׂא מֻכַּת עֵץ אַף עַל פִּי שֶׁלֹּא נִבְעֲלָה. [נִבְעֲלָה שֶׁלֹּא כְּדַרְכָּהּ הֲרֵי זוֹ כְּנִבְעֲלָה כְּדַרְכָּהּ. נִבְעֲלָה לִבְהֵמָה הֲרֵי זוֹ מֻתֶּרֶת]:
כסף משנה
14.
A High Priest may not marry a woman who has lost her virginity even if she never engaged in relations.51I.e., she lost her virginity through an accident of some sorts. If she engaged in anal intercourse, it is as if she engaged in vaginal intercourse.52And she is forbidden to a High Priest. If she engaged in [anal]53This addition is necessary, for if she lost her virginity through relations with an animal, she is disqualified (Meiri). intercourse with an animal, she is permitted.הלכה טו
כֹּהֵן גָּדוֹל שֶׁנָּשָׂא בְּעוּלָה אֵינוֹ לוֹקֶה אֲבָל מוֹצִיא בְּגֵט. נָשָׂא בּוֹגֶרֶת אוֹ מֻכַּת עֵץ הֲרֵי זֶה יְקַיֵּם. אֵרֵס בְּעוּלָה וְנִתְמַנָּה כֹּהֵן גָּדוֹל הֲרֵי זֶה יִכְנֹס אַחַר שֶׁנִּתְמַנָּה:
כסף משנה
15.
A High Priest who married a woman who had engaged in relations previously is not punished by lashes.54For he is guilty of transgressing merely a positive commandment and lashes are not given for such a transgression. He must, however, divorce her with a get.55Since a transgression is involved in engaging in relations with her, he is compelled to divorce her. Nevertheless, a bill of divorce is necessary for the consecration is binding. If he married a woman past the age of maturity or one who lost her virginity for reasons other than relations, he may remain married to her.If he consecrated a woman who had previously engaged in relations and then he was appointed as the High Priest, he may marry her after his appointment.56As stated in Halachah 12 with regard to a widow.
הלכה טז
אָנַס נַעֲרָה בְּתוּלָה אוֹ פִּתָּה אוֹתָהּ אֲפִלּוּ אֲנָסָהּ אוֹ פִּתָּה אוֹתָהּ כְּשֶׁהוּא כֹּהֵן הֶדְיוֹט וְנִתְמַנָּה כֹּהֵן גָּדוֹל קֹדֶם שֶׁיִּכְנֹס הֲרֵי זֶה לֹא יִכְנֹס. וְאִם כָּנַס מוֹצִיא:
כסף משנה
16.
If he raped or seduced a virgin maiden, he may not marry her.57For he is commanded to marry a virgin and she is not. Even though it is he himself who caused her to lose her virginity, she is not acceptable. Since she is not a virgin, a transgression is involved every time he enters into relations with her. Hence, he is obligated to divorce her.In the instance mentioned in the previous halachah, he had already consecrated the woman, but in this instance, he did not consecrate her first (Maggid Mishneh). [This applies] even if he raped or seduced her while he was an ordinary priest and was appointed as the High Priest before he married her. If he married her, he must divorce her.
הלכה יז
אֵרֵס אֶת הַקְּטַנָּה וּבָגְרָה תַּחְתָּיו קֹדֶם נִשּׂוּאִין הֲרֵי זֶה לֹא יִכְנֹס מִפְּנֵי שֶׁנִּשְׁתַּנָּה גּוּפָהּ. וְאִם כָּנַס לֹא יוֹצִיא:
כסף משנה
17.
If he consecrates a girl while she was a minor and she reaches full maturity while [consecrated] to him before he marries her, he should not marry her.58Because, as stated in Halachah 13, he must marry a maiden, a girl between twelve and twelve and a half. [The rationale is that] her body underwent a change.59And thus she is considered as a different person and, in an abstract sense, not the same woman whom he consecrated. In this manner, the Rambam (based on Yevamot 59a) makes a distinction between this instance and one in which a priest consecrated a widow and then was appointed as High Priest, as mentioned in Halachah 12. If he married her, he need not divorce her.60For even if at the outset, she was passed the age of maturity when he married her, he is allowed to remain married to her, as stated in Halachah 15.הלכה יח
אַחַת גְּרוּשָׁה מִן הָאֵרוּסִין אוֹ מִן הַנִּשּׂוּאִין. אֲבָל הַמְמָאֶנֶת אֲפִלּוּ גֵּרְשָׁהּ בְּגֵט וְהֶחֱזִירָהּ וּמֵאֲנָה בּוֹ הֲרֵי זוֹ מֻתֶּרֶת לְכֹהֵן כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת גֵּרוּשִׁין. וְכָל מִי שֶׁאֵינָהּ רְאוּיָה לַחֲלִיצָה אִם נֶחְלְצָה לֹא נִפְסְלָה לִכְהֻנָּה:
כסף משנה
18.
[The prohibition against marrying a divorcee applies] whether she was divorced after consecration or after marriage. If, however, a girl is released from marriage through the rite of mi'un, she is permitted to a priest, as we explained in Hilchot Gerushin.61As explained in Hilchot Gerushin, ch. 11, according to Scriptural Law, when a girl's father dies before she reaches the age of twelve, there is no way that she can marry until she reaches that age. Nevertheless, our Sages gave her mother and/or brothers the right to marry her off if they believe that it is to her advantage. Because this marriage does not have a basis in Scriptural Law, a get is not required to absolve it. Instead, the girl may simply leave her husband's house. To formalize the absolution of the relationship all that is necessary is for her to declare that she desires to leave the marriage in the presence of two witnesses. Since the relationship was never binding according to Scriptural Law, she is not disqualified from marrying into the priesthood. [This applies even if] her husband first divorced her with a get, then remarried her, and then she was released through mi'un.62As stated in Hilchot Gerushin 11:16, even if at one point she was divorced with a get, since she was released through mi'un, the fact the she was divorced previously is not of consequence. For it is obvious that the divorce is unnecessary.Any woman who is not fit to perform the rite of chalitzah,63E.g., a man who performed chalitzah with his deceased brother's widow without realizing that she was pregnant and hence, not required to perform this rite before remarrying. but nevertheless performs it is not disqualified from [marrying] a priest.
הלכה יט
יָצָא עָלֶיהָ קוֹל אִישׁ פְּלוֹנִי כֹּהֵן כָּתַב גֵּט לְאִשְׁתּוֹ אוֹ נָתַן גֵּט לְאִשְׁתּוֹ וַהֲרֵי הִיא יוֹשֶׁבֶת תַּחְתָּיו וּמְשַׁמַּשְׁתּוֹ. אֵין מוֹצִיאִין אוֹתָהּ מִתַּחַת בַּעְלָהּ. וְאִם נִשֵּׂאת לְכֹהֵן אַחֵר תֵּצֵא מִן הַשֵּׁנִי:
כסף משנה
19.
[The following rules apply if] a rumor begins to circulate: "So-and-so, the priest wrote..." or "...gave a get for his wife," and she lives with him and serves him.64In the case of an Israelite, there would be no difficulty, for it is possible that he remarried his divorcee. In the case of a priest, however, this would be forbidden, for a priest is forbidden to marry any divorcee even his own. She is not forced to be divorced from her husband.65For a rumor that follows a marriage is not sufficient grounds to require a divorce. If she married another priest,66After being widowed from her first husband. she should be forced to be divorced.67Since the rumor preceded the second marriage, the second priest should not have married her, because of the doubt regarding the validity of the marriage that the rumor caused. And since he married her in possible violation of the law, he is forced to divorce her.הלכה כ
יָצָא שְׁמָהּ בָּעִיר שֶׁנִּתְקַדְּשָׁה וְנִתְגָּרְשָׁה מִן הַקִּדּוּשִׁין חוֹשְׁשִׁין לָהּ כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת גֵּרוּשִׁין. אֲבָל אִם יָצָא עָלֶיהָ קוֹל שֶׁהִיא חֲלוּצָה אֵין חוֹשְׁשִׁין לָהּ:
כסף משנה
20.
If a rumor circulated in a city68As stated in Hilchot Ishut 9:22, we are speaking about a rumor that has been substantiated by a court. It is not conclusive evidence that a woman has been consecrated, but it is far from mere hearsay. If a rumor has not been substantiated in a court, it is of no substance. that a woman was consecrated and then divorced after consecration, her [status] becomes suspect, as explained in Hilchot Gerushin.69Chapter 10, Halachah 20. If, however, a rumor is circulated that she is a chalutzah, her [status] does not become suspect.70Since a chalutzah is forbidden only because of a Rabbinic ordinance, when we are not certain the woman performed this rite, there is no prohibition, as stated in Halachah 7. The Ra'avad, however, rules stringently and maintains that since we are speaking about a rumor with substance, even a rumor that she is a chalutzah can cause her to be forbidden.הלכה כא
יָצָא קוֹל עַל הַבְּתוּלָה שֶׁהִיא בְּעוּלָה אֵין חוֹשְׁשִׁין לָהּ וְתִנָּשֵׂא לְכֹהֵן גָּדוֹל. יָצָא עָלֶיהָ קוֹל שֶׁהִיא שִׁפְחָה אֵין חוֹשְׁשִׁין לָהּ וְתִנָּשֵׂא אֲפִלּוּ לְכֹהֵן. יָצָא לָהּ שֵׁם מְזַנָּה בָּעִיר אֵין חוֹשְׁשִׁין לָהּ. וַאֲפִלּוּ הוֹצִיאָהּ בַּעְלָהּ מִשּׁוּם שֶׁעָבְרָה עַל דַּת יְהוּדִית אוֹ בְּעֵדֵי דָּבָר מְכֹעָר וּמֵת קֹדֶם שֶׁיִּתֵּן לָהּ גֵּט הֲרֵי זוֹ מֻתֶּרֶת לְכֹהֵן. שֶׁאֵין אוֹסְרִין אִשָּׁה מֵאֵלּוּ אֶלָּא בְּעֵדוּת בְּרוּרָה אוֹ בִּהוֹדָאַת פִּיהָ:
כסף משנה
21.
If a rumor is circulated that a virgin has engaged in relation, her [status] does not become suspect and she may marry a High Priest. If a rumor is circulated that she is a maid-servant, her [status] does not become suspect and she may marry a priest.71We do not disqualify a woman when there is a question about her lineage unless there is explicit testimony that she is not acceptable (Maggid Mishneh).If a rumor72This refers even to a rumor substantiated in court (Beit Shmuel 6:30). circulates in a city that she is acting promiscuously,73And committed adultery or engaged in relations that would cause her to be forbidden to the priesthood as explained in the following chapter. her [status] does not become suspect. Even if her husband separated from her because she violated [the practices of modesty required by] the Jewish faith74E.g., going out to the marketplace with her hair uncovered, spinning flax in the marketplace in a manner that shows her arms to men, playing frivolously with youths, as stated in Hilchot Ishut 24:12. or because [of the testimony] of witnesses [concerning] unseemly conduct,75I.e., testimony regarding conduct that leads to the conclusion that she committed adultery although the adulterous relations themselves were not observed, as mentioned in ibid.:15. but he died before giving her a get, she is permitted [to marry] a priest. For a woman like the above should not be forbidden [to a priest] unless there is definite testimony [that she acted promiscuously] or she admits [doing so] herself.76For in such instance, she accepts the prohibition upon herself, as stated in Chapter 18, Halachah 9.