56b----------------------------------------56b

1)

A MARRIED WOMAN WHO WAS RAPED [Zonah:Ones]

(a)

Gemara

1.

(Rav Sheshes): If a Yisrael's wife was raped, even though she is permitted to her husband, she is disqualified to Kehunah.

2.

Support (Mishnah): Similarly, one who has Bi'ah with any Ervah (...disqualifies her. We do not distinguish between different kinds of Bi'ah.)

i.

Suggestion: Similarly, in all cases whether he or she was Shogeg or Mezid, willing or forced, she is disqualified!

3.

Rejection: No, similarly one is liable for Bi'ah Lo k'Darkah with Chayavei Lavin.

4.

Version #1 (Rabah): If a Kohen's wife was raped, her husband is lashed for Bi'ah with her (after this), since she is a Zonah.

5.

Question: Is he lashed for Zonah, but not for Tum'ah ("Acharei Asher Hutama'ah")?

6.

Answer: Rather, he is lashed even for Zonah.

7.

Question (R. Zeira - Beraisa): If a married woman "was not grabbed" she is forbidden. This implies that had she been forced, she would be permitted. In another case even if she was forced, she is forbidden, i.e. a Kohen's wife.

8.

Suggestion: This is a Lav derived from an Aseh, it is like a Mitzvas Aseh.

9.

Answer (Rabah): The rule is, a married woman who was Mezaneh becomes a Zonah. The Torah revealed that if a Yisrael's wife "was not grabbed" she is forbidden, but if she was forced, she is permitted;

10.

Regarding a Kohen's wife, the rule remains (even if she was forced).

11.

Version #2 (Rabah): If a Kohen's wife was raped, her husband is lashed for Bi'ah with her, for Tum'ah.

12.

Inference: He is lashed for Tum'ah, but not for Zonah. This shows that she does not become a Zonah when forced.

13.

Question (R. Zeira - Beraisa): If a married woman "was not grabbed" she is forbidden. This implies that had she been forced, she would be permitted. In another case even if she was forced she is forbidden, i.e. a Kohen's wife.

i.

Suggestion: This is a Lav derived from an Aseh. It is like a Mitzvas Aseh.

14.

Answer (Rabah): The rule is, a married woman who was Mezaneh is forbidden due to Acharei Asher Hutama'ah. The Torah revealed that if a Yisrael's wife "was not grabbed" she is forbidden, but if she was forced, she is permitted. Regarding a Kohen's wife, the rule remains.

15.

33b (Mishnah): If at the time of Chupah the wives of two men were (accidentally) switched... if they are Kohanos, they are disqualified from eating Terumah.

16.

35a - Question: Also a Yisraelis is disqualified from Terumah!

17.

Answer #1: It means, if they were wives of Kohanim.

18.

Objection: Also a Yisrael's wife is disqualified (through Bi'as Ones with another man)!

i.

(Rav Amram): Rav Sheshes derived from a Mishnah (53b) that if a Yisrael's wife was raped, even though she is permitted to her husband, she is disqualified from Kehunah!

19.

Answer (Rava): If they are Kohanos married to Yisraelim, they are disqualified from Terumah of their fathers' houses (even if they will be widowed or divorced).

(b)

Rishonim

1.

Rif and Rosh (6:6): If a Yisrael's wife was raped, even though she is permitted to her husband, she is disqualified to Kehunah. If a Kohen's wife was raped, her husband is lashed for Bi'ah with her, for Tum'ah.

i.

Ba'al ha'Ma'or: The second version of Rabah says that a woman does not become a Zonah b'Ones. It argues with Rav Sheshes. Seemingly, also the first version does! However, Rabah argues only about an Eshes Yisrael, Migo (since) she is permitted to her husband. He agrees that Bi'ah with a Pasul disqualifies her even b'Ones, from the episode with the girl who went to draw water (Kesuvos 14b). It is Rava, not Rabah, who answers (35a) that Kohanos married to Yisraelim are disqualified (through Ones) from Terumah.

ii.

Rebuttal (Milchamos Hash-m): If all agree that Pesulim make a Zonah even through Ones, what is the source that Eshes Ish is different? Perhaps (in the first version) Rabah does not make this Migo, and agrees with Rav Sheshes!

iii.

Suggestion: Since Rabah teaches about a Kohen's wife and not a Yisrael's wife, he must hold that a Yisrael's wife is permitted.

iv.

Rejection (Milchamos Hash-m): He teaches about a Kohen's wife to teach that her husband is lashed for her for Tum'ah, so we will not say it is a mere Aseh. Also, he teaches that he is lashed for Tum'ah, but not for Zonah. Alternatively, Rabah taught about a Kohen's wife because he was unsure about a Yisrael's wife. It seems that in the first version Rabah holds that Ones never exempts from becoming a Zonah. In the second version he holds that it always does; a Kohen is lashed only for "Bas Kohen Ki Sihyeh Almanah..." Bi'ah with one from whom she could not be widowed or divorced disqualifies to Terumah, all the more so to Kehunah. In this version Rav Sheshes agrees that there is no Isur due to Tum'ah or Zonah. She is forbidden only from this verse. This is why the Rif brings Rav Sheshes and Rabah.

2.

Rosh (6:6): If a Yisrael's wife was raped, even though she is permitted to her husband, she is disqualified to Kehunah. Tum'ah is written three times regarding a Sotah, forbidding her to her husband, the Bo'el and to Terumah. Regarding the first "Nitma'ah" it says "she was not forced", to teach that if she was forced she is permitted to her husband. "She was not forced" does not apply to the last "Nitma'ah", from which we learn the Isur Terumah. We find that a Kohen's wife becomes forbidden to her husband even b'Ones, so even regarding a Yisrael's wife we do not distinguish Ones and Ratzon regarding Isurei Kehunah. However, even though "she was not forced" was not written regarding the middle "Nitma'ah", from which we learn the Isur to the Bo'el, we distinguish Ones from Ratzon. It is unreasonable that she is permitted to her husband and forbidden to the Bo'el. She is forbidden only by the Aseh "V'Nitma'ah". This is if "U'Vas Kohen Ki Sihyeh l'Zar" does not apply to an Eshes Ish or to Chayavei Kerisos forbidden through Kidushin, because she was not initially (before the Kidushin) forbidden to him. However, if this Isur applies, a Kohen is lashed for her. The 'Kal va'Chomer' from a divorcee is really a Giluy Milsa (that the Isur applies. Therefore, this is not considered punishing due to a Kal va'Chomer.)

3.

Rambam (Hilchos Ishus 24:21): If a Kohen's wife was Mezanah b'Shogeg or was raped she is forbidden to him because she becomes a Zonah. A Kohen is forbidden to a Zonah.

4.

Rambam (Hilchos Isurei Bi'ah 18:6): Whenever Bi'ah makes a woman a Zonah, whether it was forced, willing, Mezid, Shogeg, k'Darkah or Lo k'Darkah, she becomes a Zonah from Ha'ara'ah. Therefore, if an Eshes Ish had Bi'ah with another man, whether she was willing or forced, she is forbidden to Kehunah.

i.

Magid Mishneh: The Rambam rules like Rav Sheshes and the first version of Rabah because in many places the Gemara asks questions from it. Even the latter version of Rabah does not argue about a Nochri, slave or other Pesulim. An episode (Kesuvos 14b) proves this. The argument is only about an Eshes Ish, since she is forbidden to the Bo'el only because she is married, therefore the latter version says that she does not become a Zonah b'Ones.

5.

Rambam (7): If a Kohen's wife was raped, her husband is lashed for Bi'ah with her, due to Tum'ah - "Lo Yuchal Ba'alah... Acharei Asher Hutama'ah". Initially, we would think that any married woman who had Bi'ah with another man becomes forbidden to her husband. The Torah taught that if a Yisrael's wife was forced she is permitted. A Kohen's wife is forbidden, for she is a Zonah.

6.

Rambam (8): If a Yisrael's wife was raped, even though she is permitted to her husband, she is disqualified to Kehunah.

(c)

Poskim

1.

Shulchan Aruch (EH 6:10): If a Kohen's wife had Bi'ah (with another man), even if she was forced, she is forbidden to her husband.

2.

Shulchan Aruch (11): If a Yisrael's wife was raped, even though she is permitted to her husband, she is disqualified to Kehunah.

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