Daf Yomi - Yevamos 60 - Highlights

The Gemora cites a braisa: A Kohen Gadol may not marry a woman that he himself violated or seduced, but if he married her, they are married. He may not marry a woman that someone else violated or seduced, and if he married her, Rabbi Eliezer ben Yaakov says: The child born from such a union is a chalal (disqualified from Kehunah). The Chachamim maintain that the child is legitimate.

The braisa had stated: But if he married her, they are married. Rav Huna said in the name of Rav: He is required to divorce her.

The Gemora asks: Doesn’t the braisa mean that he may remain married to her?

Rav Acha bar Yaakov answers: The braisa means that he does not have to pay the fine for seducing the woman. (One who seduces a woman is required to marry her or pay fifty shekalim. The Kohen Gadol is not required to pay the penalty if he marries her; however, he is still required to divorce her.)

Rav Geviha from Kasil went and said over Rav’s ruling before Rav Ashi. Rav Ashi asked him: Didn’t Rav and Rabbi Yochanan state that a Kohen Gadol may not marry a bogeres or a woman who was injured by a piece of wood, but if he married her, they are married. The Gemora explains the logic: A Kohen Gadol may remain married to the bogeres because anyway, she will eventually become a bogeres with him. A Kohen Gadol may remain married to the woman who was injured by a piece of wood because she will eventually become a woman who was injured by a piece of wood (she will lose her virginity) with him. Here too, in the case where the Kohen Gadol married the woman he had previously seduced, he should be permitted to remain married to her because she will eventually cohabit with him?

The Gemora remains with a difficulty. (59b – 60a)

The braisa had stated: He may not marry a woman that someone else violated or seduced, and if he married her, Rabbi Eliezer ben Yaakov says: The child born from such a union is a chalal (disqualified from Kehunah). The Chachamim maintain that the child is legitimate.

Rav Huna said in the name of Rav: The halacha is in accordance with Rabbi Eliezer ben Yaakov. Rav Gidel also said in the name of Rav: The halacha is in accordance with Rabbi Eliezer ben Yaakov.

Others said: Rav Huna said in the name of Rav: What is Rabbi Eliezer ben Yaakov’s reason? It is because he holds like Rabbi Elozar who maintains that an unmarried man who cohabits with an unmarried woman without intending for marriage has rendered her a zonah. (This explains why the child is a chalal.)

The Gemora asks: Can it be that Rabbi Eliezer ben Yaakov agrees with Rabbi Elozar? But we have an established principle that the teachings of Rabbi Eliezer ben Yaakov are few but clean, and yet Rav Amram said that the halacha does not follow Rabbi Elozar’s opinion?

The Gemora remains with a difficulty. (60a)

Rav Ashi explains their argument differently. Rabbi Eliezer ben Yaakov maintains that a chalal can result from cohabitation with a woman that is subject to a positive commandment (the mitzvah that a Kohen Gadol should marry a virgin). The Chachamim disagree. The Gemora cites Scriptural sources for their respective opinions. (60a)

The Gemora cites a braisa: If a Kohen has a sister who died as an arusah; Rabbi Meir and Rabbi Yehudah maintain that the Kohen may contaminate himself to her (one of the seven relatives that the torah permits the Kohen to contaminate himself for is his virgin sister). Rabbi Yosi and Rabbi Shimon disagree.

If the sister was violated or seduced, they all agree that the Kohen may not contaminate himself to her.

If the woman was injured by a piece of wood, he may not contaminate himself to her; these are the words of Rabbi Shimon, for Rabbi Shimon used to say: A woman who is fit for a Kohen Gadol, her brother, the Kohen, may contaminate himself to her; however, a woman who is disqualified for a Kohen Gadol, her brother, the Kohen, may not contaminate himself to her.

The braisa concludes: Everyone agrees that he may contaminate himself to his sister, who died as a bogeres.

The Gemora cites the Scriptural sources for all these halachos. (60a – 60b)

The Gemora cites a braisa: Rabbi Shimon ben Yochai said: If a girl under three years old converts, she is qualified for the Kehunah. (We do not consider her a zonah because cohabitation under three years of age is not legally regarded as cohabitation.) He cites Scriptural proof for this. It is written [Bamidbar 31:18]: But all the children among the women who have not known cohabitation with a male, spare for yourselves. (It emerges that some of the Midianite girls taken in captive were permitted to be taken as wives by the Jewish soldiers.) The Gemora states: Pinchas the Kohen was among them, and he was included in this permission.

The Rabbis disagree with Rabbi Shimon ben Yochai, and they understand the verse to be referring to female slaves (to be taken as wives for their male slaves).

The Gemora asks: According to Rabbi Shimon ben Yochai, permission should be granted even if they are older than three years of age; the verse does not specify under three?

The Gemora answers: The verses are understood according to Rav Huna’s interpretation. There is an apparent contradiction in the verses regarding which of the Midianite girls should be killed, and which should be spared. Rav Huna explains: Any girl who is fit for cohabitation should be killed, and only if she was not fit for cohabitation, namely, if she is under three years of age, should she be spared.

The Gemora wonders: How did the Jews know who were old enough for cohabitation and who were not old enough?

Rav Chana bar Bizna said in the name of Rabbi Shimon the Pious: The Midianite women were passed before the tzitz (the golden plate worn on the forehead of the Kohen Gadol). Any woman whose face turned sickly was determined to be fit for cohabitation; any woman whose face did not turn sickly was determined to be too young for cohabitation.

Rav Nachman said: A symptom of sin is hydrokan (a bloating of the stomach). (60b)

The Gemora relates a similar incident: It is written [Shoftim 21:12]: They found among the inhabitants of Yaveish-Gilad four hundred virgin girls who had not known a man by cohabitation with a male. (From Torah.org “The Three Weeks”: In Shoftim (Judges) 19-20, we find the incident of the "Pilegesh in Giv'ah." A man was traveling with his concubine (Pilegesh, in Hebrew) and servant back to his home. As evening approached, the group of travelers arrived in the city of Giv'ah, in the territory of the tribe of Benjamin, hoping to find a place to stay. Only one old man offered to put the group up.

He brought them to his home, and offered them and their donkeys food and drink. As the guests were refreshing themselves, wicked people from the city began banging on the door of the house, demanding that the old man send out the male guests from his house. The old man went out to the crowd, and tried to appease them by offering his own daughter and the man's concubine. He pleaded with them not to do anything disgraceful. The crowd took away the concubine. When she returned the next morning, after being assaulted, she collapsed and died on the old man's doorstep. In the morning, the man discovered his concubine was dead. He took her body with him back home. He then cut her body into 12 pieces, sending each tribe of Israel a piece, to inform them of the abomination that occurred.

The whole nation was in an uproar and disgusted by what had happened. Over 400,000 warriors from all tribes gathered to eradicate this evil. The group demanded from the tribe of Benjamin that the evil men of Giv'ah be turned over, but the tribe refused and joined with the inhabitants of Giv'ah to battle against the rest of the nation. On the first two days of the battle, the unified tribes suffered severe casualties. The tribes then offered sacrifices, prayed, cried, and fasted, asking Hashem for His assistance. They asked the Kohen Gadol what should be done. He responded that on the next day, the tribe of Benjamin would be delivered into the hands of the rest of the nation. That is what happened.

After this incident, the tribes swore that they would not let any man from the tribe of Benjamin marry their daughters.

It was later discovered that the people of Yaveish-Gilad did not participate in this war. A battalion was sent to capture the city. The women who had never cohabited were spared in order for the men of Benjamin to take them as wives.)

The Gemora asks: How did they determine which women cohabited and which did not?

Rav Kahana answered: They placed them on the opening of a barrel of wine. If she wasn’t a virgin, they would be able to smell the wine on her breath (the aroma went through her); if she was a virgin, her breath would not smell.

The Gemora asks: Why didn’t they pass the women before the tzitz?

Rav Kahana the son of Rav Nosson said: The tzitz would only be used for favor, and not for punishment.

The Gemora asks: If so, they should not have used the tzitz by Midian either?

Rav Ashi answered: This principle is only applicable to Jews; not for idolaters. (60b)

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