019 - הִלְכוֹת אִסּוּרֵי בִּיאָה פֵּרֶק יט

Laws of Issurei Bi'ah, Chapter 19

1. Who is a chalalah? A woman born from a union forbidden to a kohen. Likewise, one of the women forbidden to the kehunah who had relations with a kohen has become a chalalah. But the kohen himself who committed the transgression has not become a chalal.

2. Whether she had relations under duress or unintentionally, in the usual manner or not in the usual manner—from the moment of the initial penetration she has become a chalalah, provided that the kohen is nine years and one day old or more, and the woman forbidden to him is three years and one day old or more.

3. How so? A kohen nine years and one day old who had relations with a divorcee or a zonah, and a kohen gadol who had relations with them or with a widow, or who married a non-virgin and had relations with her—these women have become chalalos forever; and if a son was born from her, whether to the one who profaned her or to another kohen, the child is a chalal. But a kohen who betrothed a woman forbidden to the kehunah, and she was widowed or divorced from the betrothal—she has not become a chalalah. If she was married to him, even though he did not have relations with her, she has become a chalalah, for every married woman is presumed to have had relations, even if she is found to be a virgin.

4. A kohen gadol who married a bogeres or a mukas etz has not profaned her. Likewise, if he had relations without marriage, he has not profaned her.

5. A kohen who had relations with one of the arayos, except a niddah, or with one of those liable for negative commandments that apply equally to all, has made her a zonah, as we have explained. If he again had relations with her a second time, whether he or another kohen, she becomes a chalalah, and his offspring from her are chalalim. Therefore, a kohen who had relations with a woman bound to her yavam, and she conceived from the first act of relations—the child is fit, since she is not one of those forbidden specifically to kohanim; and she has become a zonah. If he again had relations with her a second time, and she conceived and gave birth—she is a chalalah and her child is a chalal, since she is one of those forbidden to the kehunah.

6. Likewise a kohen who had relations with a convert woman or a freed woman has profaned her, and his offspring from her are chalalim. A kohen who had relations with a niddah—the child is fit and is not a chalal, for the prohibition of a niddah is not specific to kohanim but applies equally to all.

7. A kohen who married a pregnant divorcee, whether pregnant from him or from another, and she gave birth while she was a chalalah—the child is fit, since he did not come from a drop of transgression.

8. We have already explained that a chalutzah is forbidden to a kohen by their words. Therefore a kohen who had relations with a chalutzah—she is a chalalah, and her offspring from a kohen are chalalim; and all of this is by their words. But a kohen who had relations with one of the sheniyos—she is fit, and his offspring from her are fit, for the prohibition of the sheniyos applies equally to all and is not specific to kohanim.

9. A kohen who had relations with a doubtful zonah—for example, a doubtful convert or a doubtful freed woman—or who had relations with a doubtful divorcee, and likewise a kohen gadol who had relations with a doubtful widow—she is a doubtful chalalah, and her child is a doubtful chalal.

10. Thus there are three kinds of chalalim: a chalal by Torah law, a chalal by their words, and a doubtful chalal. Upon every doubtful chalal we impose the stringencies of kohanim and the stringencies of Yisraelim: he does not eat terumah, like a Yisrael; he does not become tamei to the dead, like a kohen; and he marries a woman fit for a kohen. If he ate terumah, became tamei, or married a divorcee, they give him makas mardus. The same law applies to a chalal by their words. But a definite chalal by Torah law is like a non-kohen: he may marry a divorcee and become tamei to the dead, as it says, "אֱמֹר אֶל-הַכֹּהֲנִים בְּנֵי אַהֲרֹן" ("speak to the kohanim, the sons of Aharon," Vayikra 21:1)—even though they are sons of Aharon, not until they are in their kehunah.

11. It is a male kohen who is forbidden to marry a chalalah and a zonah; and therefore he is forbidden to a convert woman and a freed woman, for she is the zonah, as we have explained. But a woman of kohanic family is permitted to marry a chalal, a convert or a freed slave, for fit women were not warned against marrying the unfit, as it says, "בְּנֵי אַהֲרֹן" ("the sons of Aharon," Vayikra 21:1), and not the daughters of Aharon. It follows that a convert is permitted to marry a mamzeres and is permitted to marry a woman of kohanic family.

12. Converts and freed slaves who married one another and had a daughter—even after several generations, since Jewish seed has not mixed with them—that daughter is forbidden to a kohen; but if she married, she need not leave, since her conception and birth were in holiness. But a convert or a freed slave who married a Jewish woman, or a Jew who married a convert woman or a freed woman—his daughter is fit for the kehunah even at the outset.

13. An Amoni convert who married a Jewish woman, and likewise a second-generation Mitzri who married a Jewish woman—even though their relations are a transgression and their wives are zonos, as we have explained—their daughters are fit for the kehunah even at the outset.

14. A chalal who married a fit woman—his offspring from her are chalalim; and likewise his son's son's son, even after a thousand generations, for the male son of a chalal is a chalal forever. If it was a daughter, she is forbidden to the kehunah, for she is a chalalah. But a Yisrael who married a chalalah—the child is fit; therefore, if it was a daughter, she may marry into the kehunah.

15. Kohanim, Levi'im and Yisraelim are permitted to marry one another, and the child follows the male. Levi'im, Yisraelim and chalalim are permitted to marry one another, and the child follows the male, as it says, "וַיִּתְיַלְדוּ עַל-מִשְׁפְּחֹתָם, לְבֵית אֲבֹתָם" ("and they declared their pedigrees by their families, by their fathers' houses," Bamidbar 1:18)—his father's house is his family; his mother's house is not his family.

16. Levi'im, Yisraelim, chalalim, converts and freed slaves are permitted to marry one another. A convert or freed slave who married a Levi woman, a Yisrael woman or a chalalah—the son is a Yisrael. A Yisrael, a Levi or a chalal who married a convert woman or a freed woman—the child follows the male.

17. All families are presumed fit, and one may marry from them at the outset. Nevertheless, if you see two families that constantly quarrel with one another, or you see a family that is constantly given to strife and contention, or you see a man who contends greatly with everyone and is exceedingly brazen, we are concerned about them, and it is fitting to keep away from them, for these are signs of a flawed lineage. Likewise, anyone who constantly disqualifies others—for example, he casts a slur on families or on individuals and says of them that they are mamzerim—we suspect that he himself may be a mamzer; and if he says of them that they are slaves, we suspect that he may be a slave—for whoever disqualifies others disqualifies with his own blemish. Likewise, anyone who has brazenness and cruelty, hates people and does not do them kindness—we are especially concerned about him, lest he be a Givoni. For the signs of Israel, the holy nation, are that they are bashful, merciful and doers of kindness; while of the Givonim it says, "וְהַגִּבְעֹנִים לֹא מִבְּנֵי יִשְׂרָאֵל הֵמָּה" ("and the Givonim were not of the children of Israel," Shmuel II 21:2)—because they hardened their faces, would not be appeased, had no mercy on the sons of Shaul, and did not do Israel the kindness of forgiving the sons of their king, even though Israel had done them kindness and spared their lives at first.

18. A family against which a challenge (irer) was raised—that is, two witnesses testified that a mamzer or a chalal had mixed into it, or that there is servitude in it—is a doubtful case. If it is a family of kohanim, he may not marry a woman from it until he investigates four mothers, who are eight: her mother, her mother's mother, her mother's father's mother, and her mother's mother's father's mother; and likewise he investigates her father's mother, her father's mother's mother, her father's father's mother, and her father's father's mother's mother.

19. If this family against which a challenge was raised were Yisraelim or Levi'im, he adds one more pair to investigate; thus he investigates ten mothers, for mixing is more common among Levi'im and Yisraelim than among kohanim.

20. Why does he investigate only the women? Because men, whenever they quarrel with one another, revile each other with the flaw in their lineage, and if there were a flaw there, it would have been heard; but women do not revile one another regarding lineage.

21. Why must a man investigate when he wishes to marry from this family whose presumption of fitness has been weakened, while a woman who is to marry into them need not investigate? Because fit women were not warned against marrying the unfit.

22. Anyone who is called a mamzer and is silent, or a nasin and is silent, or a chalal and is silent, or a slave and is silent—we are concerned about him and his family, and we do not marry from them unless we investigate them, as we have explained.

23. A family into which a doubtful chalal became mixed—every widow from that family is forbidden to a kohen at the outset; but if she married, she need not leave, because there are two doubts: perhaps she is the widow of that chalal, perhaps she is not his widow; and even if we say she is his widow, perhaps he is a chalal, perhaps he is not a chalal. But if a definite chalal became mixed into it, every woman from them is forbidden to a kohen until he investigates; and if she married, she must leave. The same law applies if a doubtful mamzer or a definite mamzer became mixed into it, for the wife of a mamzer and the wife of a chalal, with regard to the kehunah, are one prohibition, as we have explained.