Translation:Shulchan Aruch/Even ha-Ezer/6

Paragraph 1- A priest is forbidden from the Torah to marry a divorced woman, a zonah, or a challalah (a woman of invalid priestly lineage) and is forbidden from marrying a Chalutzah from the rabbis. Therefore, if he transgressed and married a a questionable Chalutzah he does not have to divorce her, but if he married a divorced woman, even if she was only questionably divorced. He must divorce her regardless if she was divorced out of erusin or full marriage. Even the spirit of a Get (document of divorce) invalidates a woman from marrying a priest and they force him to divorce her. What is the case of the spirit of a Get? If he says to her "You are divorced from me but you are not permitted to anyone else," even though she is not divorced via this type of Get she becomes invalidated for priests. [Rema: Even if she was only divorced from a rumor of marraige, even if it was clear that there was no substance to the actual marriage and they only give her a Get due to a stringency she is invalidated from marrying a priest.] If one gives his wife a Get on a condition that was not fulfilled, it is not considered a Get and she is not invalidated. A priest can marry someone divorced conditionally in the first instance.

Paragraph 2- A minor girl who refuses her husband is permitted to marry a priest, but if he gave her a Get she is forbidden. If after he gave her a Get, he remarried her and she then refused she becomes permitted to a priest because her refusal nullifies the Get. If after she was divorced she was married to a different man and refused him, there are those who say she is permitted to a priest.

Paragraph 3- If a rumor goes out: "Ploni the kohen divorced his wife," and yet she is still living with him, we do not force her apart from him because we don't listen to rumors after marriage or after erusin. If the husband died, and she marries a different kohen, she would have to be divorced.

Paragraph 4- If a rumor went out that so-and-so the priest has written a Get for his wife and in that location they use the term “writing” when referring to giving, even if they also call actual writing, writing, it is as if a rumor went out saying, so-and-so has divorced his wife. If they do not call giving a Get writing, there is no concern.

Paragraph 5- If a rumor goes out about a woman that she got married and [then] divorced, we suspect the rumor to prohibit her to a priest. This applies only when the rumor emanated without an excuse, but if it emanated with an excuse, e.g. the rumor emanated that she got married or divorced on a condition, or he threw the marriage [money/object/document] or divorce document and it is uncertain whether it was closer to him or her, we are not concerned about the rumor. If there was an excuse for the divorce but not the marriage, we suspect the rumor of the marriage to prohibit her to the world and we do not suspect the rumor of the divorce to prohibit her to a priest. This applies only when the excuse emanates with the rumor immediately but if the rumor emanated clearly and after some time the excuse emanates, it does not nullify the rumor. If it later becomes clear that the rumor was a lie, even if there wasn't an excuse, we nullify the rumor. Any rumor that wasn't upheld in a Jewish court is not a rumor to be concerned for. See below in Siman 46 where there are those who say we are not concerned for a chalutza rumor.

Paragraph 6- If a Kohen who marries any one of the women who are forbidden to him, we excommunicate them and anybody who does business with them, and similar severe actions such as this, until he divorces her.

Paragraph 7- If a priest who divorced his wife, she should not live with him in the alley. If they were living in rented quarters or a shared courtyard, she is pushed aside because of him [i.e. she must leave]. If it was her courtyard, he is pushed aside because of her [i.e. he must leave]. These laws will be explained in siman 119.

Paragraph 8- Who is deemed a "zonah" [who is forbidden to a kohen]? Whoever is not a Jewess, or who is a Jewess that had sexual relations with a man to whom she is forbidden to marry in a generally applicable prohibition, or who had sexual relations with a "cholol" (the child of a kohen and a woman who was forbidden to the kohen), even though she is permitted to be married to this man. Accordingly, a woman who committed bestiality, even though she [is punished] with stoning, she does not become a zonah and she does not become invalid to a kohen, because she did not have sexual relations with a human. A man that has relations with a menstruating woman, even though she is punished with kareth, she does not become a zonah and she does not become invalid to a kohen, because she is not forbidden to him. Similarly, a man that has relations with a single woman, even though she is a lewd woman that made herself freely available, which is punishable with lashes, she does not become a zonah and she does not become invalid to a kohen, because she is not forbidden to him. However, a woman who had sexual relations with someone who is forbidden by a Biblical negative commandment, which are generally prohibited and are not uniquely [forbidden] to kohanim, or with someone who is forbidden by a Biblical affirmative commandment—and it need not even be said with someone who is forbidden by virtue of a forbidden incestual relationship—or with a non-Jew or slave, since she is forbidden to this person to marry, she is deemed a zonah. The same applies to convert and a freed slave, even if she converted or was freed while she was less than three years old, since she was not a Jewess, she is deemed a zonah and is forbidden to a kohen. Likewise, a woman who is subject to yibum (levirate marriage) with whom an unrelated person had relations, she becomes a zona. Some opinions say that one who has relations with one who is forbidden by a Biblical affirmative commandment or by a Biblical negative commandment—even the other negative commandments—she does not become a zonah except for instance in which one has relations with a woman subject to yibum.

Paragraph 9- Any woman who becomes a zonah upon sexual relations, whether she was raped or consented or was inadvertent, whether it was the usual way or the unusual way (sodomy), once there is penetration she is disqualified as a zonah, provided that she is at least three years and one day old, and the male is at least nine years and one day old, or older.

Paragraph 10- The wife of a priest who had relations [with another man], even if she was forced, is forbidden to her husband.

Paragraph 11- The wife of a non-levite Jew who was raped, although she is permitted to her husband, is forbidden to marry a priest.

Paragraph 12- The wife of a priest who said to her husband I was raped or a made a mistake and another man slept with me, or if one witness came and testified that she committed adultery whether forced or willingly, she is not forbidden to her husband because perhaps she has taken interest in a different man. If her husband believes her, however, the witness is believed as well and he must divorce her to remove them from suspicion.

Paragraph 13- The wife of a priest who said to her husband I was raped, even though she is permitted to her husband as was explained, she is forbidden to any other priest after her husband dies because she admitted she slept with another man and is now like a piece of something forbidden.

Paragraph 14- A Kohen who betrothes an adult or child, and after some time has relations with her and finds her not a virgin, she is forbidden to him by doubt - perhaps she had relations before betrothal [and is permitted] or perhaps after betrothal [and is forbidden]. But if a Yisrael who makes this claim, she is not forbidden to him, for there are two doubts here - perhaps before betrothal and perhaps after betrothal, and even if it was after betrothal, perhaps it was forced [and she is not forbidden] and perhaps it was willingly [and she is forbidden], for if she is raped she remains permitted to a Yisrael. Therefore, if her father betrothed her to a Yisrael when she was less than three years and one day old, and he claims to have found her not a virgin, she is forbidden to him by doubt, because there is only one doubt here - perhaps it was forced, or perhaps willingly, and in a Torah prohibition we must be stringent in a doubtful case.

Paragraph 15- Any woman whose husband (or the Court) expressed jealousy about her, and was then privately with the man she was warned about, and did not drink the Sotah-waters, is forbidden to her husband, even if he is a Yisrael. If her husband dies, she is forbidden to marry a Kohen.

Paragraph 16- If she becomes know in the city as unfaithful, we don't suspect her. Even if her husband sent her out because she violated Dat Yehudit [the customs of Jewish women] or for something disgusting, and he died before he gave her the divorce document, she is permitted to a Kohen.

Paragraph 17- If witnesses observed a single girl having sexual relations with a man, and the man left and they asked her who he is and she says he is a valid person, she is believed. Moreover, even if they saw that she was pregnant and they asked her whom she was impregnated by and says from a valid man, she is believed and she and her daughter are allowed to marry a kohen. When is this true? Where the area where she had sexual relations was a crossroads or in the corners of the field where everyone passes and most of the passersby as well as the people of the city that passes through there are valid because the rabbis added a stringency with respect to stringency and required two majorities. If most of the passersby were invalid, however, such as where they were gentiles or illegitimate or anything similar, even if most of the place they come from is valid, or where most of the city they come from is disqualified, then even if most of the passersby are valid, we would be concerned and say she had sexual relations with someone who disqualifies her and she cannot marry a kohen in the first instance. If she did marry a kohen, she would not have to get divorced. There are those who say that where she says she had sexual relations with someone valid, only one majority is required in the first instance to make her valid. After the fact, she is valid even where the majority are disqualified.

Paragraph 18- If they saw that she had intercourse or she was impregnated in the city, even if there was only one non-Jew there or one disqualified priest or someone like that, she may not be married ab initio to a priest, for all [populations] that are fixed are judged as fifty/fifty. And if she is married, she need not be divorced since she says, "I had relations with a valid one." If she was mute or deaf or if she said, "I don't know whom I had intercourse with" or if she was a minor who couldn't tell the difference between a valid one and an invalid one, this one is a doubtfully profaned woman and if she is married to a priest she must be divorced, unless there were two majorities found there who were valid. There are those who say that even if she was impregnated in the city if the man who had intercourse went to her she may be married ab initio, since most of the city and most of its groups are valid, unless she went to him. In a default case too, where we don’t know who went to whom, she can marry in the first instance.