2,222. Women in Prison

Hilchos Issurei Biah 18:29

The previous halachos (about a city under siege) apply when a regiment of soldiers from that same nation has settled in the city and they are unafraid. In such a case, we are concerned that they may have abused the women. However, if a regiment from a different nation passes through the city, pillaging and moving on, then the women are not prohibited to marry kohanim. We assume that the soldiers didn’t take the time to molest the women because they are busy looting and escaping. However, if they took the women captive and they were under their control, the women are prohibited to kohanim. This is so even if Jews pursue the invaders and rescued the women.

Hilchos Issurei Biah 18:30

If a woman was imprisoned for financial reasons, she remains permitted to marry a kohein. If she’s imprisoned in connection with a capital offense, she is prohibited to kohanim. Accordingly, if her husband is a kohein, she is prohibited to him. This is the case when the Jews have power over the non-Jews, who are afraid of them. If the non-Jews are in power, then a woman is prohibited even if she’s imprisoned for financial reasons unless there’s a witness who can testify regarding her the same as one who testifies regarding a woman who was taken captive.