What if the woman is an Almanah from the Erusin?
Yevamos, 59a: From the Torah's comparison of Almanah to Gerushah we can extrapolate that just as there is no difference between a Gerushah min ha'Nisu'in and a Gerushah min ha'Erusin, so too is there no difference between an Almanah min ha'Nisu'in and an Almanah min ha'Erusin. 1
See Torah Tmimah, note 82.
What is the meaning of "Chalalah Zonah?
Having forbidden a Kohen Hedyot to marry a Gerushah, why does the Torah repeat it by a Kohen Gadol? Why can we we not learn it via a Kal va'Chomer from a Kohen Hedyot?
Kidushin, 77b: To teach us that, just as by a Kohen Hedyot - where the Torah, in Pasuk 4, mentions Gerushah independently from Zonah and Chalalah, to teach us that, if he marries a woman who is a Chalalah, a Zonah and a Gerushah, he is Chayav for each one seperately, so too, is a Kohen Gadol Chayav for Almanah if she is also a Gerushah, a Chalalah and a Zonah. 1
Sifra: To teach us that although, as opposed to an Almanah, a Gerushah is also Asur to a Kohen Hedyot, their children are Chalalim, and not Mamzerim. 2
Why does the Torah repeat "Chalalah" by Kohen Gadol? Why can we we not learn it via a Kal va'Chomer from a Kohen Hedyot?
Kidushin, 77b: To teach us that a Chalal is the result of Isurei Kehunah, exclusively, but not of Isurei Kahal.
Why does the Torah repeat "Zonah" by Kohen Gadol? Why can we we not learn it via a Kal va'Chomer from a Kohen Hedyot?
Kidusim, 77b: To teach us, via a Gezeirah Shavah "Zonah" "Zonah" - in Pasuk 7, that the child of a Zonah and a Kohen Hedyot, like that of a Zonah and a Gadol, 1 is a Chalalah.
See Torah Temimah, note 89.
Why does the Torah insert the (otherwise superfluous) phrase "es Eileh Lo Yikach"?
Yevamos, 59a: To preclude the children of a Nidah from being 'Chalalim'. 1
Yevamos, 54a: To incorporate Ha'ara'sh in the Isur. 2
Why does the Torah insert the (otherwise superfluous) word "me'Amav"?
Yerushalmi Bikurim, 1:5: To prohibit a Kohen Gadol from marrying a Giyores. 1
Yevamos, 77b: To permit a Kohen Gadol to marry a Besulah who comes from two nations - the daughter of an Amoni who married a Yisre'elis.
See Torah Temimah, note 97.
Why does the Torah add the (otherwise superfluous) word "Yikach Ishah"?
Yevamos, 41b: To oermit a Kohen Gadol to marry, not only a Ketanah, but also a Na'arah. 1
Yevamos, 41a: To forbid a Kohen Gadol to perform Yibum with his sister-in-law, even if he made Ma'amar (Kidushin) with her before he was anointed Kohen Gadol. 2
Bearing in mind the order "Zonah, Chalalah, u'Gerushah" in Pasuk 7, why does the Torah reverse the order here?
Moshav Zekenim (on Pasuk 7, citing the Rosh): Regarding a Kohen Hedyot, it began with the most severe case - a Zonah` is intrinsically forbidden; 1 For a Kohen Gadol, it begins with the new Isur, which is the most lenient - a widow, who is permitted to a Kohen Hedyot - and continues in the increasing order of severity.
Kidushin, 77a: The significance of the order here is that if a Kohen Gadol marries a woman who became an Almanah, then a Gerushah, then a Chalalah and then a Zonah, he is subject to four Malkos; 2 whereas in the reverse order, he is Chayav only one. 3
Because she sinned. A woman can be a Chalalah from birth, or through Bi'as Heter (with a Chalal). A Gerushah is the lightest, for this can occur without any Aveirah at all (PF).
Refer also to 21:14:2:1. The reason for this is because when she became a Gerushah, she became forbiddeAsur to a Kohen Hedyot as well. Then, when she became a Chalalah, she became forbidden to eat Terumah, and finally, when she became a Zonah, she became Asur to a Yisrael too - all of which fall under the category of Isur Mosif'. See Torah Temimah who elaborates further.
Torah Temimah: Due to the princple 'Ein Isur Chal al Isur'.
Why is this not a. a Lav she'bi'Chelalos - just like "Al Tochlu mimenu Na u'Vasheil" - and b. a Lav she'Nitak la'Asei ("Ki Im Besulah me'Amav Yikach Ishah") both of which are not subject to Malkos?
Moshav Zekenim: 'There, the Lav "Al Tochlu" precedes the Pratim. Here, the Torah writes "es Eileh Lo Yikach" afterwards - it is as if it says "Lo Yikach" about each one. I cannot elaborate'. 1
He did not answer regarding a Lav ha'Nitak la'Asei. It seems that this does not exempt from Malkos, since Kidmo Asei (one can fulfill the Asei without transgressing the Lav) - See Makos 14b. (PF)
Why can the Kohen Gadol marry only a Besulah, but not an Almanah?
Moshav Zekenim citing R. Yehudah ha'Chasid: Because says Hashem's name. Consequently, if he would be permitted to marry a widow, he might see and take a fancy to a married woman, and have the intention when saying the Name that her husband die.
Oznayim la'Torah #1: Because, since she is still aa virgin, and not accustomed to intimacy, she will not constantly demand his intimate company, thereby taking his mind away from the Avodah which must be uppermost in the mind of the Kohen Gadol.
Oznayim la'Torah #2: Because since 'a woman makes a covenant with the man who made her into a K'li (from virginity into womanhood), 1 she is less likely to commit adultery - thereby defiling his Kedushas Kehunah.
Sanhedrin, 22b.
Why does the Torah repeat "Ki Im Besulah me'Amav Yikach Ishah"?
Moshav Zekenim: To teach us that we prepare another wife for him (before Yom Kipur) 1 , and that she must be a Besulah.
Sifra: To teach the Kohen Gadol that it is a Mitzvah for him to marry a Besulah 2 (before performing the Avodah on Yom Kipur) 3 .
This is like R. Yehudah (in Yoma 1:1). Surely this is a mere Asmachta, for R. Yehudah's reason is concern that his wife might die; he did not mention this Pasuk (PF).
And not merely an Asei agaunst marying an Almanah or a Gerushah. See Torah Temimah, note 98.
See Oznayim la'Torah on Pasuk 13 've'Hu Ishah ... '.
