Yevamos - Daf 60
- Machlokes whether יש חלל בחייבי עשה
Rav Ashi said that Rebbe Eliezer ben Yaakov and the Chochomin disagree whether יש חלל בחייבי עשה – a challal results from a relationship between a woman prohibited by an aseh, such as in the case of a non-besulah to a Kohen Gadol, or not. Rebbe Eliezer ben Yaakov holds יש חלל מחייבי עשה and the Rabbanon hold אין חלל מחייבי עשה. The Gemara explains that Rebbe Eliezer ben Yaakov’s source is from the passuk referring to a Kohen Gadol that states: "אלמנה וגרושה וחללה זנה את אלה לא יקח כי אם בתולה" – A widow, a divorcee, a challalah, a zonah, shall not marry, only a besulah of his people shall he take as a wife. And it is written in the next passuk: "ולא יחלל זרעו בעמיו" – So he shall not make a challal of his offspring among his people, referring to all those listed in the previous passuk. This included the prohibition of marrying a non-besulah that was inferred from the mitzvas aseh. The Rabbanon hold that the word "ואלה" – and these, is coming to divide the list, so that those that are prohibited to the Kohen Gadol by a mitzvas lo sa’aseh produce a challal, whereas the non-besulah who is prohibited by a mitzvas aseh, does not produce a challal.
- Machlokes if a Kohen may become tamei for his sister who died as an arusah
It was taught in a Baraisa: אחותו ארוסה – a Kohen’s sister who died as an arusah, Rebbe Meir and Rebbe Yehudah say: מטמא לה – he may become tamei for her, whereas Rebbe Yose and Rebbe Shimon say he may not. אנוסה ומפותה דברי הכל אין מטמא לה – If the sister was violated or seduced, everybody agrees he may not become tamei for her. The Gemara explains that Rebbe Meir and Rebbe Yehudah darshen the passuk regarding a Kohen becoming tamei for his sister: "ולאחותו הבתולה" – And to his virgin sister, excludes a sister who was an אנוסה or מפתה, since she is no longer a virgin. One might have thought to also exclude a מוכת עץ – a woman injured by wood; therefore, the Torah teaches, "אשר לא היתה לאיש" – who had not been a man’s, which implies that only a woman who became a non-virgin by a man, lost the status of a besulah, which excludes a מוכת עץ. "הקרובה" לרבות הארוסה – who was close, comes to include an arusah, that the Kohen brother may become tamei for her, "אליו" לרבות הבוגרות – to him, which comes to include a bogeress. Rebbe Yose and Rebbe Shimon hold that the words, "אשר לא היתה לאיש" – who had not been a man’s, is coming to exclude a sister who died as an arusah.
- Machlokes if a giyores who converted when she was very young can marry a Kohen
It was taught in a Baraisa that Rebbe Shimon bar Yochai said that a giyores who converted when she was younger than the age of three years and one day, is eligible to marry Kohanim, for the passuk states in regard to the Midianite girls that were taken captive by the Israeli soldiers, "וכל הטף בנשים אשר לא ידעו משכב זכר החיו לכם" – But all the children among the women who have not known relations with a male, spare for yourselves, which means that they may marry them, והרי פנחס עמהם – and behold, Pinchas, who was Kohen, was among them. The Rabbanon, who forbid Kohanim from marrying converts, regardless of the age they converted, hold that they may take them for their male slaves to marry and for female slaves. The Gemara asks how the Jews knew who was under three years and a day and who was older and answers, העבירום לפני הציץ – they were made to pass before the tzitz, and any girls whose face turned green, was above three years and a day and old enough to have relations. The Gemara clarifies tzitz was only used this way to punish non-Jews, but never to punish Jews.
