Yevamos - Daf 59
- Machlokes if a Kohen Gadol may marry a bogeress
The next Mishnah states regarding a Kohen Gadol: ולא ישא את הבוגרת – and he may not marry a bogeress, but Rebbe Elazar and Rebbe Shimon מכשירין – they hold she is fit for him. It was taught in a Baraisa, regarding a Kohen Gadol, the Torah states: "והוא אשה בבתוליה יקח" – He shall marry a woman in her virginity; Rebbe Meir says: פרט לבוגרת שכלו לה בתוליה – this excludes a bogeress, whose virginity has diminished, whereas Rebbe Elazar and Rebbe Shimon who are מכשירין – hold a bogeress is fit for a Kohen Gadol. The Gemara explains that Rebbe Meir holds that if the Torah had used the word בתולה, it would connote that even a woman with partial virginity is permitted. But since it used the word בתוליה, it is to teach us, עד דאיכא כל הבתולים – no woman is permitted unless she has all of her besulim. And since the Torah writes, "בבתוליה" - in her virginity, it is to teach that she is forbidden if she had relations כדרכה, but she is not prohibited שלא כדרכה. Whereas Rebbe Elazar and Rebbe Shimon hold that בתולה connotes a complete virgin, but the use of the word "בתוליה" implies that even a woman with partial virginity is permitted. The expanded form of "בבתוליה" is coming to teach עד שיהיו כל בתוליה קיימין – until all her virginity is extant, and she never had relations כדרכה or שלא כדרכה.
- נבעלה שלא כדרכה פסולה לכהן גדול
Rav Yehudah said in the name of Rav: נבעלה שלא כדרכה פסולה לכהונה – A woman who had relations unnaturally is ineligible for the Kehunah, referring to a Kohen Gadol who may only marry a virgin. The Gemara questions why Rav prohibits her only to a Kohen Gadol, for when a woman has relations, she is considered a zonah, and is forbidden to ordinary Kohanim as well? For Rav rules according to Rebbe Elazar who said: פנוי הבא על הפנויה שלא לשם אישות עשאה זונה – An unmarried man who has relations with an unmarried woman, not for the sake of marriage, renders her a zonah! After the first explanation is rejected, the Gemara brings Rebbe Zeira, who said that Rav’s ruling applies to a ממאנת – a young orphan girl who did mi’un. Such a girl is not considered a zonah or divorcee to be prohibited to an ordinary Kohen, but if she had relations with her husband, even unnaturally, Rav rules that she is not a besulah and may not marry a Kohen Gadol.
- נבעלה לבהמה כשרה לכהונה
Rav Shimi bar Chiya said: נבעלה לבהמה כשרה לכהונה – A woman who had relations with an animal is eligible for the Kehunah, meaning she may even marry a Kohen Gadol. This was also taught in a Baraisa: נבעלה למי שאינו איש – A woman who had relations with one who is not a man, referring to an animal, אף על פי שבסקילה כשרה לכהונה – even though she is subject to stoning, she remains eligible for the Kehunah. Rashi explains that she would be eligible in the case where there were not witnesses or she was not forewarned. The Gemara brings an incident with a certain maiden who was cleaning the floor of house who was attacked by a hunting dog and was deemed fit for the Kohen Gadol.
