Talmud Bavli
Talmud Bavli

Halakhah for Yevamot 117:14

היכי דמי אלימא בכדרכה מאי איריא משום אלמנה תיפוק ליה משום דהויא לה בעולה אלא לאו שלא כדרכה ומשום אלמנה אין משום בעולה לא

but not when in an unnatural manner.<span class="x" onmousemove="('comment',' The superfluous [H] (= in), in [H] excludes unnatural intercourse, whereby 'virginity' is not affected. ');"><sup>32</sup></span> R. Eleazar and R. Simeon, however, are of the opinion that virgin would have implied a perfect virgin; her virginity implies even [one who retains] only part of her virginity;<span class="x" onmousemove="('comment',' Which includes the one who is adolescent. ');"><sup>33</sup></span> in her virginity implies only one whose entire virginity is intact,<span class="x" onmousemove="('comment',' Is permitted to be married by a High priest. ');"><sup>34</sup></span> irrespective of whether [previous intercourse with her was] of a natural or unnatural character.<span class="x" onmousemove="('comment',' Even if it was unnatural she is forbidden, unless her virginity remained completely intact. Cf. supra n. 7. As, according to R. Eleazar and R. Simeon, one who is adolescent is permitted it was necessary to have the Scriptural text to exclude this case. According to R. Meir, however, who excludes one who is adolescent, there is no need any more to exclude this case which is easily inferred a minori ad majus from the former. ');"><sup>35</sup></span> Rab Judah stated in the name of Rab: A woman who was subjected to unnatural intercourse is disqualified from marrying a priest.<span class="x" onmousemove="('comment',' I.e., a High Priest who is permitted to marry a virgin only. ');"><sup>36</sup></span> Raba raised an objection: And she shall be his wife,<span class="x" onmousemove="('comment',' Deut. XXII, 29, referring to a virgin who had been outraged. ');"><sup>37</sup></span> applies to a woman eligible to marry him. This excludes [the marriage of] a widow<span class="x" onmousemove="('comment',' After her betrothal. ');"><sup>38</sup></span> to a High Priest,<span class="x" onmousemove="('comment',' If it was he who committed the outrage. ');"><sup>39</sup></span> of a divorced woman<span class="x" onmousemove="('comment',' After her betrothal. ');"><sup>38</sup></span> and a <i>haluzah</i><span class="x" onmousemove="('comment',' After her betrothal. ');"><sup>38</sup></span> to a common priest. Now, how is one to understand [the outrage]?<span class="x" onmousemove="('comment',' If committed by a High Priest. ');"><sup>40</sup></span> If it be suggested that it was one of natural intercourse, what [it may be asked] was the object of pointing to her widowhood<span class="x" onmousemove="('comment',' Lit., 'on account of widow'. ');"><sup>41</sup></span> when [her prohibition] could be inferred from the fact that she had &nbsp; &nbsp; had carnal intercourse with a man?<span class="x" onmousemove="('comment',' With the High Priest himself, who is forbidden to marry an outraged or seduced woman even if he himself had committed the offence. ');"><sup>42</sup></span> Must it not consequently [be assumed to be] a case of unnatural intercourse; and <font>the only reason<span class="x" onmousemove="('comment',' Lit., 'yes'. ');"><sup>43</sup></span></font> [why the woman is forbidden<span class="x" onmousemove="('comment',' To the High Priest. ');"><sup>44</sup></span> is] because she is a widow, and <font>not because she had had carnal intercourse!</font><span class="x" onmousemove="('comment',' Which proves that unnatural intercourse does not cause a woman to be forbidden to marry a High Priest. How then could Rab state that a woman in such circumstances is forbidden? ');"><sup>45</sup></span>

Sefer HaChinukh

From the laws of the commandment are that which they, may their memory be blessed, said (Yevamot 59a) that she is called a widow even from the betrothal; and that [in the case] of a high priest whose brother dies [and leaves a widow] even from betrothal, behold this one should not do levirate marriage, but rather release [her]. If she was designated by a questionable designation and her betrothed died, behold she is a questionable widow and forbidden - as any doubt in a Torah law is forbidden from Torah writ. And therefore they, may their memory be blessed, said in every place that [in the case of] a doubt in Torah law, [we go] towards stringency. And the rest of its details are in Yevamot and Kiddushin. And a high priest who transgresses it and designates a widow and has intercourse with her, is lashed twice - one on account of 'a widow he shall not take,' and one on account of "he shall not profane his seed" - which is a negative commandment on its own, and as we will write nearby (Sefer HaChinukh 274). But if he designated her and did not have intercourse afterwards, he is not lashed at all - and even on account of 'he shall not take.' And [it is] like they said there in Kiddushin 78a, "If he had intercourse, he is lashed; if he did not have intercourse, he is not lashed [...]. For what reason is he commanded 'he shall not take'? On account of 'he shall not profane.'" But if he had intercourse with the widow - even though he did not designate her, it is implied that he is lashed one [set], on account of "he shall not profane." As so did they, may their memory be blessed, explain (Kiddushin 78a), "He shall not profane": not her and not his seed. And likewise did they say there in Kiddushin, "And Rava concedes in [the case of] a high priest with a widow, that if he had intercourse and did not designate [her], he is lashed. What is the reason? As [the Torah] states, 'And he shall not profane his seed,' and behold, he profaned" - meaning to say, it is included in "And he shall not profane." [Hence] it is implied that 'he shall not profane' proper ones [such as the widow], nor [shall he profane] 'his seed.'
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