018 - הִלְכוֹת אִסּוּרֵי בִּיאָה פֵּרֶק יח

Laws of Issurei Bi'ah, Chapter 18

1. They learned from the Oral Tradition that the "זֹנָה" (zonah, Vayikra 21:7; Vayikra 21:14) mentioned in the Torah is any woman who is not a daughter of Israel; or a daughter of Israel who had relations with a man whom she is forbidden to marry by a prohibition that applies equally to all; or who had relations with a chalal, even though she is permitted to marry him. Therefore a woman subjected to relations with an animal—even though she is liable to stoning—does not become a zonah and is not disqualified from the kehunah, for she did not have relations with a man. And one who has relations with a niddah—even though she is liable to kares—she does not become a zonah and is not disqualified from the kehunah, for she is not forbidden to marry him.

2. Likewise one who has relations with an unmarried woman—even if she was a kedeshah who made herself available to all, and even though she is liable to lashes—she does not become a zonah, for she is not forbidden to marry him. But a woman who had relations with one of those forbidden by negative commandments that apply equally to all and are not specific to kohanim, or by positive commandments—and all the more so with one to whom she is forbidden as an ervah, or with a non-Jew or a slave, since she is forbidden to marry him—is a zonah.

3. Likewise a convert woman or a freed woman—even if she converted or was freed when younger than three years—since she is not a daughter of Israel, she is a zonah and forbidden to a kohen. From here they said: a non-Jew, a slave, a nasin, a mamzer, an Amoni or Moavi convert, a first- or second-generation Mitzri or Edomi, a petzua daka or kerus shafchah, or a chalal who had relations with a Jewish woman have made her a zonah, and she is disqualified from the kehunah; and if she was the daughter of a kohen, she is disqualified from terumah. Likewise a yevamah with whom a stranger had relations—he has made her a zonah. An aylonis (a woman incapable of bearing children) is permitted to a kohen and is not a zonah.

4. One who had relations with one of the sheniyos and the like—for example, one who had relations with a relative of his chalutzah or with his chalutzah—has not made her a zonah, for she is not forbidden to marry him by Torah law, as we explained in the Laws of Yibum.

5. You have thus learned that her being a zonah does not depend on forbidden relations. For one who had relations with a niddah or with a kedeshah, and a woman subjected to relations with an animal, had forbidden relations and did not become a zonah; whereas a woman who married a chalal had permitted relations, as will be explained, and became a zonah. The matter depends only on the blemish (pegimah); and they learned from the Oral Tradition that she is blemished only by a man forbidden to her, or by a chalal, as we have explained.

6. Any woman who had relations with a man who makes her a zonah—whether under duress or willingly, deliberately or unintentionally, in the usual manner or not in the usual manner—from the moment of the initial penetration (haarah) she is disqualified on account of zonah, provided that she is three years and one day old and the man is nine years and one day old or more. Therefore a married woman who had relations with another man, whether under duress or willingly, is disqualified from the kehunah.

7. The wife of a kohen who was violated—her husband receives lashes on her account on account of tumah, as it says, "לֹא-יוּכַל בַּעְלָהּ הָרִאשׁוֹן אֲשֶׁר-שִׁלְּחָהּ לָשׁוּב לְקַחְתָּהּ" ("her first husband, who sent her away, may not take her again," Devarim 24:4). All were included in the rule that if they had relations, they became forbidden to their husbands; Scripture specified for you that the wife of a Yisrael who was violated is permitted to her husband, as it says, "וְהִיא לֹא נִתְפָּשָׂה" ("and she was not seized," Bamidbar 5:13). But the wife of a kohen remains in her prohibition, for she is a zonah.

8. The wife of a Yisrael who was violated—even though she is permitted to her husband, she is forbidden to the kehunah. The wife of a kohen who said to her husband, "I was violated," or "I erred and another man had relations with me," or a single witness came and testified to him about her that she was promiscuous, whether under duress or willingly—she is not forbidden to him, lest she has set her eyes on another. But if she is trustworthy to him, or the witness is trustworthy to him, and he relies on their words, he should send her away in order to remove any doubt.

9. The wife of a kohen who said to her husband, "I was violated"—even though she is permitted to her husband, as we have explained—is forbidden to every kohen in the world after her husband dies, for she has admitted that she is a zonah and forbidden herself, becoming like a forbidden piece (chatichah de'issura).

10. A kohen who betrothed a woman, whether an adult or a minor, and some time later had relations with her and claimed that he found her "trodden by a man" (not a virgin), she becomes forbidden to him out of doubt, lest she had relations before the kiddushin or after the kiddushin. But a Yisrael who made this claim—she does not become forbidden to him, for there are two doubts here: perhaps before the kiddushin, perhaps after the kiddushin; and even if we say after the kiddushin, perhaps under duress, perhaps willingly, and a woman who was violated is permitted to a Yisrael, as we have explained.

11. Therefore, if her father betrothed her to a Yisrael while she was younger than three years and one day, and he claimed that he found her "trodden by a man," she becomes forbidden to him out of doubt, for there is only one doubt here—perhaps under duress, perhaps willingly—and a doubt regarding a Torah prohibition is ruled stringently.

12. Any woman whose husband warned her (kinui) and she secluded herself (stirah), and she did not drink the waters of the sotah, is forbidden to a kohen because she is a doubtful zonah: whether she did not want to drink, or he did not want to make her drink, or there was testimony that prevented her from drinking, or the beis din issued the warning to her, or she was one of the women who are not fit to drink—since she did not drink in any case, she is forbidden to the kehunah out of doubt.

13. An unmarried woman who was seen having relations with someone, and he went away, and they said to her, "Who is this man who had relations with you?" and she said, "A fit man"—she is believed. Not only that, but even if they saw that she was pregnant and said to her, "From whom did you become pregnant?" and she said, "From a fit man"—she is believed, and she is permitted to a kohen.

14. When does this apply? When the place where she had relations was a crossroads, or the corners of the fields where everyone passes, and most of those who pass there are fit, and most of the city from which these passersby came are fit—for the Sages made a stringency regarding lineage and required two majorities. But if most of the passersby are such as would disqualify her—for example, non-Jews, mamzerim and the like—even though most of the place they came from are fit; or if most of the people of the place are disqualified, even though most of those who pass there are fit—we suspect that she had relations with one who disqualifies her, and she should not marry a kohen at the outset; but if she married, she need not leave.

15. If she was seen having relations in the city, or became pregnant in the city—even if only one non-Jew or one chalal and slave and the like lived there—she should not marry a kohen at the outset, for whatever is fixed (kavua) is considered like half and half. But if she married, she need not leave, since she says, "I had relations with a fit man."

16. If she was mute or deaf, or she said, "I do not know with whom I had relations," or she was a minor who cannot distinguish between fit and unfit, she is a doubtful zonah; and if she married a kohen, she must leave, unless the two majorities present around her are fit.

17. A captive woman who was ransomed, who is three years and one day old or more, is forbidden to the kehunah because she is a doubtful zonah, lest she had relations with a non-Jew. If she has a witness that the non-Jew did not seclude himself with her, she is fit for the kehunah. Even a slave, a shifchah or a relative is believed for this testimony; and two captive women who each testified for the other are believed—since the prohibition of all the doubtful cases is by the words of the Sofrim, they were lenient regarding a captive woman.

18. Likewise a minor who was speaking innocently (mesiach lefi tumo) is believed. It once happened that a boy was taken captive together with his mother, and he was speaking innocently and said, "We were taken captive among the non-Jews; I went out to draw water, and my mind was on my mother; to gather wood, and my mind was on my mother." And the Sages married her to a kohen on the strength of his words.

19. The husband is not believed to testify regarding his captive wife that she was not defiled, for a person does not testify for himself. Likewise her own shifchah may not testify for her; but her husband's shifchah may testify for her. And her shifchah who was speaking innocently is believed.

20. A kohen who testified for a captive woman that she is pure may not marry her, lest he has set his eyes on her. But if he ransomed her and testified for her, he may marry her, for had he not known that she was pure, he would not have spent his money on her.

21. A woman who said, "I was taken captive, and I am pure," is believed, for "the mouth that forbade is the mouth that permitted"—even if there was one witness there who testifies that she was taken captive. But if there are two witnesses there that she was taken captive, she is not believed until one testifies for her that she is pure. If there were two witnesses that she was taken captive, and one witness testifies that she was defiled, and one contradicts him and testifies for her that she is pure and that no non-Jew secluded himself with her until she was ransomed—even if the one who testifies that she is pure is a woman or a shifchah—she is permitted.

22. A woman who said, "I was taken captive, and I am pure," and the beis din permitted her to marry, and afterwards two witnesses came that she had been taken captive—she may marry even at the outset, and she does not lose her permitted status. Even if the captor came in after her, and she is a captive before us in the hand of her masters, she does not lose the permitted status they granted her; and she is guarded from now on until she is ransomed.

23. If two witnesses came afterwards that she had been defiled—even if she had married, and even if she had children—she must leave. If one witness came, it is of no account. If she said, "I was taken captive, and I am pure, and I have witnesses that I am pure," we do not say, "Let us wait until the witnesses come"; rather, we permit her immediately. Not only that, but even if a rumor went out about her that there are witnesses to her defilement, we permit her until the witnesses come; for regarding a captive woman they were lenient.

24. A father who said, "I betrothed my daughter and received her divorce," while she is a minor, is believed. "I betrothed her and received her divorce when she was a minor," and she is now an adult—he is not believed to establish her as a divorcee. "She was taken captive and I ransomed her," whether she is an adult or a minor—he is not believed. For the Torah believed him only to forbid her on account of marriage, as it says, "אֶת-בִּתִּי, נָתַתִּי לָאִישׁ הַזֶּה" ("I gave my daughter to this man," Devarim 22:16), but not to disqualify her on account of zenus.

25. The wife of a kohen who became forbidden to him because she was a captive—since the matter is a doubt, she is permitted to live with him in one courtyard, provided that his children and household members are always with him, to guard him.

26. A city that was besieged and conquered—if the non-Jews were surrounding the city on all its sides, so that not a single woman could escape without their seeing her and coming into their power, all the women in it are disqualified from the kehunah like captive women, lest they had relations with the non-Jews—except one who was three years old or younger, as we have explained.

27. If it was possible for one woman to escape without their knowing of it, or there was one hiding place in the city, even if it holds only one woman, it saves them all.

28. How does it save? Any woman who says, "I am pure," is believed even though she has no witness. Since she could have said, "I escaped when the city was conquered," or "I was in the hiding place and was saved," she is believed to say, "I did not escape and did not hide, but I was not defiled."

29. When does this apply? With a troop of that same kingdom, who settle in the city and are not afraid; therefore we suspect that they had relations. But a troop of another kingdom that raided, swept through and passed on—the women are not forbidden, because they have no leisure to have relations, for they are occupied with the spoil and flee. But if they took women captive and they came into their power, even though Israel pursued them and rescued them from their hands, they are forbidden.

30. A woman who was imprisoned by non-Jews—if on account of money, she is permitted; if on account of a capital matter, she is forbidden to the kehunah, and therefore, if her husband was a kohen, she becomes forbidden to him. When does this apply? At a time when the hand of Israel is strong over the non-Jews and they fear them. But at a time when the hand of the non-Jews is strong over us—even on account of money—since she came into the power of the non-Jews, she is forbidden, unless one witness testifies for her as for a captive woman, as we have explained.