1. There are three women who are forbidden to all priests [by Scriptural Law]: a divorcee, a zonah,¹This term is defined in depth in the following chapter. and a challalah.²This term is defined in Chapter 19. There are four [forbidden to] a High Priest. These three and a widow.

Bound by [the prohibitions applying to a High Priest] are one anointed with the oil of anointment³As was the practice until the later years of the First Temple. or one who assumed his position by wearing the additional garments,⁴I.e., in the later years of the First Temple, the oil of anointment was entombed together with the Holy Ark. From that time onward, the High Priests assumed their position by wearing the eight garments of the High Priest. [See the Rambam's Commentary to the Mishnah (Megilah 1:9).] one serving in that capacity, a High Priest who was appointed and then removed from the office, and a priest anointed to lead a war.⁵See Hilchot Melachim 7:1 which states:

In both a milchemet mitzvah (a war that it is a mitzvah to wage) and a milchemet hareshut (a war that we have license to wage), a priest is appointed to address the nation before the battle. He is anointed with the oil of anointment and is called, the meshuach milchamah.

Although this individual is not a High Priest with regard to the Temple service, since he was anointed, certain of the dimensions of the High Priesthood are incumbent upon him. All of these are commanded [to marry] a virgin and are forbidden to marry a widow.⁶I.e., a High Priest - and the others mentioned - are bound by a positive commandment to marry a virgin and a negative commandment to marry a widow.

2. Any priest who marries⁷The Rambam's wording is somewhat inexact. For the prohibition applies even if the priest merely consecrated the woman and entered into relations with her. Marriage (nissuin) is not required (Kiddushin 78a). one of these three women - whether a High Priest or an ordinary priest - and engages in relations is punished by lashes. If he enters into promiscuous relations with her, he does not receive lashes for [violating the prohibitions against] a zonah, a divorcee, and a challalah.⁸He does, however, receive lashes for violating the prohibition against promiscuous relations, as the Rambam states in Hilchot Ishut 1:4). [This is derived from the fact that Leviticus 21:7 states the prohibition using the term:] "They shall not take." [Implied is that the prohibition does not apply] unless he takes - marries - [the woman] and enters into relations with her.⁹According to the Rambam's understanding of Kiddushin 78a,b for the prohibition to apply both marriage and intimate relations are necessary. If the priest performs one of these acts without the other, the Scriptural prohibition does not apply. The Ra'avad takes issue with the Rambam and maintains that the prohibition applies even when consecration is not involved.

3. When, by contrast, a High Priest enters into relations with a widow, he receives lashes even though he did not consecrate her. [This is derived from ibid.:15 which states]: "And he shall not desecrate...." As soon as he engages in relations with her, he desecrates her and disqualifies her from the priesthood.¹⁰According to the literal meaning of the verse, the object of the verb "desecrate" is "his offspring." If a priest enters into a relationship with one of these women, his offspring are challalim, "desecrated," and are not considered as members of the priestly family. Nevertheless, Kiddushin, loc. cit., interprets the phrase non-literally, explaining that the verb refers to the woman. By entering into relations with the priest, she becomes "desecrated" from the priesthood, i.e., forbidden to marry a priest. Moreover, the fact that the prohibition against a High Priest entering into relations with a widow mentions that term implies that causing the woman to be placed in such a status is prohibited. Since she is given that status even if the relations are held outside of marriage, marriage is not a fundamental element of the prohibition. A zonah, challalah, and divorcee, by contrast, are disqualified from the priesthood before one enters into relations with them.¹¹As stated in Halachah 1. Therefore a High Priest alone receives lashes for merely entering into relations with a widow even though she was not consecrated. For he desecrates her and he is warned against desecrating people of acceptable lineage, [other] women and his offspring.

4. When a High Priest consecrates a widow and enters into relations with her, he receives two sets of lashes: one because of the prohibition: "He shall not take a widow," and one because of the prohibition: "He shall not desecrate." Whether a High Priest or an ordinary priest marries one of these four, but does not engage in relations, he does not receive lashes.

5. Whenever [the priest] receives lashes, the woman [with whom he engages in relations] is given lashes.¹²For the prohibition against these relations involve the woman as well as the man. See Keritot 10b, Yevamot 84b. Whenever he does not receive lashes, she does not receive lashes. For there is no difference between a man and a woman with regard to punishments with the exception of a designated maidservant as explained.¹³Chapter 3, Halachah 14.

6. Any priest - whether a High Priest or an ordinary priest - who enters into relations with a gentile woman receives lashes for relations with a zonah.¹⁴See Chapter 18, Halachah 1. [There is a difference between her and a Jewish woman,]¹⁵In which instance, the prohibition applies only if she was consecrated (Halachah 2). because she cannot be consecrated. He is forbidden to enter into relations with any zonah, whether a Jewess or a gentile.

7. A woman who has undergone the rite of chalitzah (a chalutzah)¹⁶When a man dies childless, his widow is required to marry her deceased husband's brother in the rite called yibbum. She is forbidden to marry anyone else. If he does not desire to marry her, he must release her through the ritual called chalitzah. See Deuteronomy, ch. 25, Hilchot Yibbum ViChalitzah. is forbidden to a priest according to the Rabbinic tradition, for she resembles a divorcee.¹⁷Just as a divorcee is released from her connection to her husband through a get, a childless widow is released from her obligation to her brother-in-law through chalitzah. [If he engages in relations with such a woman,] he is given "stripes for rebellious conduct."¹⁸The punishment given for the violation of a Rabbinic commandment.

When a priest marries a woman whose status as a chalutzah is doubtful,¹⁹E.g., her brother-in-law performed the chalitzah rite, it was, however, questionable if he was obligated to do so or not, or if he was in fact her brother-in-law or not. he is not compelled to divorce her.²⁰If, however, she was definitely a chalutzah, we would compel him to divorce. For a person should be compelled to observe a Rabbinic prohibition. Similarly, before he marries her, he should be prevented from doing so. Since there is a possibility that a Rabbinic prohibition is involved, we should prevent him from risking its violation. If, however, the couple are already married, we follow the principle "When there is a question of a Rabbinic prohibition involved, we rule leniently." She is acceptable²¹I.e., she is not considered as a challalah, a woman who entered into forbidden relations with a priest. and her child is acceptable.²²I.e., he or she is not considered as a challah. For our Sages did not decree against a woman whose status as a chalutzah is doubtful, only against one who is definitely in that category. When it is questionable if a woman is a divorcee,²³A woman was divorced in a manner whether it was questionable whether the divorce was effective or not and afterwards, here husband died. a widow,²⁴As related in Halachah 12, this applies to a situation in which there is a question whether a man consecrated a woman in an effective manner or not and then dies. Hence, there is a question whether she is a widow. a zonah,²⁵See Chapter 18, Halachah 12. or a challalah,²⁶The offspring of a priest who had relations with a woman concerning whom a doubt existed whether she was forbidden to him or not (Chapter 19, Halachah 9). [a priest who marries her] is given "stripes for rebellious conduct" and required to divorce her with a get.²⁷He is required to divorce her, based on the principle "When a doubt concerning a Scriptural prohibition is involved, we take the more stringent view" (Maggid Mishneh). In this instance, since there is a possibility that a Scriptural prohibition is involved in the marriage to each of these women, we rule stringently and require a divorce. A get is required, for even if there is a prohibition involved - and certainly if there is no prohibition involved - the consecration is binding. For the woman to be able to remarry, she must be divorced.

8. There is a major general principle that applies with regard to all of the Torah's prohibitions. One prohibition does not take effect when another prohibition is in effect unless:

a) both of the prohibitions take effect at the same time;²⁸Hilchot Ma'achalot Assurot 5:5 gives an example of this concept. When a person rips a limb from a living animal which causes the animal to become trefe, he is considered to have transgressed two prohibitions: the prohibition against eating flesh from a living animal and the prohibition against partaking of an animal that is trefe, for both prohibitions take effect at the same time.

b) the latter prohibition forbids additional entities besides [the entity that was originally] prohibited;²⁹This concept is exemplified in the following two halachot. See also Hilchot Ma'achalot Assurot 7:2.

c) when the scope of the [latter] prohibition encompasses other entities together with [the entity that was originally] prohibited.³⁰This principle is exemplified by Hilchot Ma'achalot Assurot 8:6 which relates that a person who partakes of a gid hanesheh, a sciatic nerve, of an animal which is trefe is liable for two transgressions. Since when the animal became trefe, its entire body became encompassed in the prohibition, that prohibition also encompasses the gid even though it was prohibited beforehand.

9. Accordingly,³¹I.e., on the basis of the principle that a prohibition that includes additional factors takes effect. When a woman was a widow and then she became a divorcee,³²I.e., her second husband divorced her. and then she became a challalah,³³By having relations with a priest. and then she became a zonah,³⁴By engaging in relations with a person whom she is forbidden to marry. should a High Priest engage in relations with her afterwards, he receives four sets of lashes for engaging in relations once. For a widow is forbidden to a High Priest, but permitted to an ordinary priest.

10. When she becomes a divorcee, she becomes forbidden by an additional prohibition [for] she is also forbidden to an ordinary priest. Therefore, [even for the High Priest,] another prohibition aside from that against relations with a widow is added to her. She is, nevertheless, still permitted to partake of terumah.³⁵I.e., if her father was a priest, after her marriages, she returns to his home and may partake of terumah. Alternatively, if her second husband was an ordinary priest and she gave birth to a child, she may partake of terumah because of her child. If she becomes a challalah, another prohibition is added to her, for she is forbidden to partake of terumah. She is, nevertheless, still permitted to marry an Israelite.

If she becomes a zonah, another prohibition is added to her, since there is a type of promiscuous relations that would cause her to be forbidden to an Israelite, e.g., a married woman engaged in adultery voluntarily.

The same principle applies³⁶I.e., the priest is liable for additional sets of lashes. to an ordinary priest who engaged in relations with a divorcee who became a challalah and then a zonah. He receives three sets of lashes for engaging in relations once. If this order is altered,³⁷I.e., she becomes a zonah first. If other prohibitions precede her becoming a zonah, she receives the appropriate number of lashes (Maggid Mishneh). she only receives one set of lashes.³⁸For the other prohibitions would not add anything once she becomes forbidden in this manner.

11. When a woman is widowed from several men or divorced from several men, [a High Priest or a priest] receive only one set of lashes for each time they engage in relations.³⁹The fact the she was widowed or divorced several times does not increase the number of prohibitions involved. A woman is forbidden as a widow whether she was widowed after [only] consecration or after marriage.

12. When the brother of a High Priest dies, even if the deceased had [merely] consecrated his wife,⁴⁰And thus she is still a virgin and fit to marry a High Priest. [the High Priest] should not perform the rite of yibbum. Instead, he should perform chalitzah.⁴¹In Hilchot Yibbum ViChalitzah 6:10, the Rambam states that the woman must perform chalitzah, because were her yevam to perform yibbum, he would acquire her as his wife. Moreover, according to law, he should perform yibbum, because whenever the observance of a positive commandment conflicts with the observance of a negative commandment, the positive commandment takes precedence. Nevertheless, our Sages forbade yibbum lest he engage in relations with her a second time. In such an instance, relations with her are forbidden and there is no mitzvah. For the positive commandment of yibbum applies only the first time the couple engage in relations.

If a woman became his yevamah while he was an ordinary priest and he was then appointed as the High Priest, he should not perform yibbum once he has been appointed.⁴²For the reason mentioned in the previous note. [This applies] even if he already gave his word⁴³The Hebrew term the Rambam uses maamar has a specific halachic meaning. As explained in Hilchot Yibbum ViChalitzah 2:1, although according to Scriptural Law, the yibbum relationship is established through intimate relations, our Sages ordained that before engaging in relations, a yevam declare his intent to his yevamah. They equated this declaration with consecration. [that he would marry] her while he was an ordinary priest.⁴⁴For a maamar does not establish a relationship. If, however, he consecrated a widow and was then appointed as a High Priest, he should marry her.⁴⁵Because she is already his wife.

If she was consecrated, but the status of the consecration was questionable and then the person who consecrated her died, she is considered a widow of questionable status.⁴⁶And because of the doubt, she is forbidden to a High Priest.

13. It is a positive commandment for a High Priest to marry a virgin maiden.⁴⁷The term "maiden" refers to a girl between the age of twelve and twelve and a half who has manifested signs of physical maturity (Hilchot Ishut 2:1). When she reaches the age of maturity,⁴⁸Twelve and a half. This is the meaning of the term throughout this chapter. she becomes forbidden to him,⁴⁹Since he must marry a virgin, he is forbidden to marry anyone other than a virgin. Even if he consecrated the woman beforehand, if he has not married her and she attains maturity after he is appointed as a High Priest, he may not marry her as stated in Halachah 17. as [Leviticus 21:13] states: "He shall marry a virgin woman." "Woman" implies that she is not a minor. "Virgin" implies that she has not reached maturity. What is implied? She has departed from the category of a minor, but has not fully reached maturity, i.e., a maiden. He may never be married to two women at the same time.⁵⁰As stated in Hilchot K'lei HaMikdash 5:10, a High Priest may not have two wives while he is performing the Yom Kippur services. Here the Rambam is stating that the prohibition applies not only on Yom Kippur, but throughout the year.

The Ra'avad notes that II Chronicles 24:3 speaks of Yehoyeda the High Priest and the marriage of two women, seemingly contradicting the Rambam's ruling. The Ra'avad interprets the verse as stating that Yehoyeda married the women himself. (Similarly, Rav Moshe HaCohen and others question the Rambam's ruling.) Rambam LeAm, however, advances the interpretation that the verse is stating that Yehoyeda had Yoash marry the women. [This is derived from the singular form of the term] "woman," i.e., one, but not two.

14. A High Priest may not marry a woman who has lost her virginity even if she never engaged in relations.⁵¹I.e., she lost her virginity through an accident of some sorts. If she engaged in anal intercourse, it is as if she engaged in vaginal intercourse.⁵²And she is forbidden to a High Priest. If she engaged in [anal]⁵³This addition is necessary, for if she lost her virginity through relations with an animal, she is disqualified (Meiri). intercourse with an animal, she is permitted.

15. A High Priest who married a woman who had engaged in relations previously is not punished by lashes.⁵⁴For he is guilty of transgressing merely a positive commandment and lashes are not given for such a transgression. He must, however, divorce her with a get.⁵⁵Since a transgression is involved in engaging in relations with her, he is compelled to divorce her. Nevertheless, a bill of divorce is necessary for the consecration is binding. If he married a woman past the age of maturity or one who lost her virginity for reasons other than relations, he may remain married to her.

If he consecrated a woman who had previously engaged in relations and then he was appointed as the High Priest, he may marry her after his appointment.⁵⁶As stated in Halachah 12 with regard to a widow.

16. If he raped or seduced a virgin maiden, he may not marry her.⁵⁷For he is commanded to marry a virgin and she is not. Even though it is he himself who caused her to lose her virginity, she is not acceptable. Since she is not a virgin, a transgression is involved every time he enters into relations with her. Hence, he is obligated to divorce her.

In the instance mentioned in the previous halachah, he had already consecrated the woman, but in this instance, he did not consecrate her first (Maggid Mishneh). [This applies] even if he raped or seduced her while he was an ordinary priest and was appointed as the High Priest before he married her. If he married her, he must divorce her.

17. If he consecrates a girl while she was a minor and she reaches full maturity while [consecrated] to him before he marries her, he should not marry her.⁵⁸Because, as stated in Halachah 13, he must marry a maiden, a girl between twelve and twelve and a half. [The rationale is that] her body underwent a change.⁵⁹And thus she is considered as a different person and, in an abstract sense, not the same woman whom he consecrated. In this manner, the Rambam (based on Yevamot 59a) makes a distinction between this instance and one in which a priest consecrated a widow and then was appointed as High Priest, as mentioned in Halachah 12. If he married her, he need not divorce her.⁶⁰For even if at the outset, she was passed the age of maturity when he married her, he is allowed to remain married to her, as stated in Halachah 15.

18. [The prohibition against marrying a divorcee applies] whether she was divorced after consecration or after marriage. If, however, a girl is released from marriage through the rite of mi'un, she is permitted to a priest, as we explained in Hilchot Gerushin.⁶¹As explained in Hilchot Gerushin, ch. 11, according to Scriptural Law, when a girl's father dies before she reaches the age of twelve, there is no way that she can marry until she reaches that age. Nevertheless, our Sages gave her mother and/or brothers the right to marry her off if they believe that it is to her advantage. Because this marriage does not have a basis in Scriptural Law, a get is not required to absolve it. Instead, the girl may simply leave her husband's house. To formalize the absolution of the relationship all that is necessary is for her to declare that she desires to leave the marriage in the presence of two witnesses. Since the relationship was never binding according to Scriptural Law, she is not disqualified from marrying into the priesthood. [This applies even if] her husband first divorced her with a get, then remarried her, and then she was released through mi'un.⁶²As stated in Hilchot Gerushin 11:16, even if at one point she was divorced with a get, since she was released through mi'un, the fact the she was divorced previously is not of consequence. For it is obvious that the divorce is unnecessary.

Any woman who is not fit to perform the rite of chalitzah,⁶³E.g., a man who performed chalitzah with his deceased brother's widow without realizing that she was pregnant and hence, not required to perform this rite before remarrying. but nevertheless performs it is not disqualified from [marrying] a priest.

19. [The following rules apply if] a rumor begins to circulate: "So-and-so, the priest wrote..." or "...gave a get for his wife," and she lives with him and serves him.⁶⁴In the case of an Israelite, there would be no difficulty, for it is possible that he remarried his divorcee. In the case of a priest, however, this would be forbidden, for a priest is forbidden to marry any divorcee even his own. She is not forced to be divorced from her husband.⁶⁵For a rumor that follows a marriage is not sufficient grounds to require a divorce. If she married another priest,⁶⁶After being widowed from her first husband. she should be forced to be divorced.⁶⁷Since the rumor preceded the second marriage, the second priest should not have married her, because of the doubt regarding the validity of the marriage that the rumor caused. And since he married her in possible violation of the law, he is forced to divorce her.

20. If a rumor circulated in a city⁶⁸As stated in Hilchot Ishut 9:22, we are speaking about a rumor that has been substantiated by a court. It is not conclusive evidence that a woman has been consecrated, but it is far from mere hearsay. If a rumor has not been substantiated in a court, it is of no substance. that a woman was consecrated and then divorced after consecration, her [status] becomes suspect, as explained in Hilchot Gerushin.⁶⁹Chapter 10, Halachah 20. If, however, a rumor is circulated that she is a chalutzah, her [status] does not become suspect.⁷⁰Since a chalutzah is forbidden only because of a Rabbinic ordinance, when we are not certain the woman performed this rite, there is no prohibition, as stated in Halachah 7. The Ra'avad, however, rules stringently and maintains that since we are speaking about a rumor with substance, even a rumor that she is a chalutzah can cause her to be forbidden.

21. If a rumor is circulated that a virgin has engaged in relation, her [status] does not become suspect and she may marry a High Priest. If a rumor is circulated that she is a maid-servant, her [status] does not become suspect and she may marry a priest.⁷¹We do not disqualify a woman when there is a question about her lineage unless there is explicit testimony that she is not acceptable (Maggid Mishneh).

If a rumor⁷²This refers even to a rumor substantiated in court (Beit Shmuel 6:30). circulates in a city that she is acting promiscuously,⁷³And committed adultery or engaged in relations that would cause her to be forbidden to the priesthood as explained in the following chapter. her [status] does not become suspect. Even if her husband separated from her because she violated [the practices of modesty required by] the Jewish faith⁷⁴E.g., going out to the marketplace with her hair uncovered, spinning flax in the marketplace in a manner that shows her arms to men, playing frivolously with youths, as stated in Hilchot Ishut 24:12. or because [of the testimony] of witnesses [concerning] unseemly conduct,⁷⁵I.e., testimony regarding conduct that leads to the conclusion that she committed adultery although the adulterous relations themselves were not observed, as mentioned in ibid.:15. but he died before giving her a get, she is permitted [to marry] a priest. For a woman like the above should not be forbidden [to a priest] unless there is definite testimony [that she acted promiscuously] or she admits [doing so] herself.⁷⁶For in such instance, she accepts the prohibition upon herself, as stated in Chapter 18, Halachah 9.