Talmud Bavli
Talmud Bavli

Halakhah for Yevamot 168:14

אי הכי יש לו אח כשר נמי כשר לקהל מכלל דהוא פסול לקהל אלא לאו כהן ומדהוא כהן היא כהנת מידי איריא הא כדאיתא והא כדאיתא

That case<span class="x" onmousemove="('comment',' Of a halal who married a woman of legitimate status. ');"><sup>27</sup></span> was required [for the specific purpose] of informing us [that the law is] in agreement with [the ruling] Rab Judah reported in the name of Rab. For Rab Judah reported in the name of Rab: Women of legitimate [priestly] status were not forbidden to be married to men of tainted birth.<span class="x" onmousemove="('comment',' Kid. 731, 76a, infra 85a. The purpose of our Mishnah in giving the law of the halal was not to teach the prohibition of the woman to the levir (which, of course, as pointed out supra, was unnecessary) but her permission to marry a husband though he is a halal and she is of legitimate status or of pure priestly stock. The prohibition to marry one of impure stock is incumbent upon the man and not upon the woman. ');"><sup>28</sup></span>

Sefer HaChinukh

From the laws of the commandment is that which they, may their memory be blessed, said (Kiddushin 78a) that there is no liability for lashes until he has intercourse. But [if] he married her and did not have intercourse, he is not lashed - as there is no liability for lashes without intercourse. And [both] he and her are lashed; and that which they, may their memory be blessed, said (Yevamot 84b), "Fitting women are not [prohibited] from marrying disqualified men," is not from this matter at all - and we will explain the thing below on this page. As this one who has had intercourse with someone to whom she is forbidden, is also included in the obligation - and like the matter that they, may their memory be blessed, said that there is no difference between a woman and a man regarding all of the punishments of the Torah, except for the designated maidservant, [about] which I have written above in the Order of Vayikra in the commandment of a definite guilt-offering (Sefer HaChinukh 129).
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