divorcee

MISHNAH: “I am putting an oath on you that you should come and testify for me that I am a Cohen, that I am a Levite, that I am not the son of a divorcee, that I am not the son of a woman having received ḥalîṣah, that X raped or seduced his daughter, or that my son injured me, or that my neighbor injured me or set fire to my grain stack on the Sabbath:” these are not liable.

MISHNAH: How are plotting witnesses treated? “We testify about this man that he is the son of a divorcee or a woman who had received ḥalîṣah” One does not say that he should be decreed to be the son of a divorcee or a woman who had received ḥalîṣah in his stead, but he is flogged 40 [lashes]. “We testify about this man that he is obligated to go into exile.” One does not say, this one should go into exile in his stead but he is flogged 40 [lashes]. “We testify about this man that he divorced his wife but did not pay her ketubaḥ.” Would he not finally have to pay her ketubah today or tomorrow? But one estimates how much would a man be willing to pay for the ketubah of this woman in case she would be widowed or divorced, but if she died her husband would inherit from her.

MISHNAH: How are plotting witnesses treated? “We testify about this man that he is the son of a divorcee or a woman who had received ḥalîṣah” One does not say that he should be decreed to be the son of a divorcee or a woman who had received ḥalîṣah in his stead, but he is flogged 40 [lashes]. “We testify about this man that he is obligated to go into exile.” One does not say, this one should go into exile in his stead but he is flogged 40 [lashes]. “We testify about this man that he divorced his wife but did not pay her ketubaḥ.” Would he not finally have to pay her ketubah today or tomorrow? But one estimates how much would a man be willing to pay for the ketubah of this woman in case she would be widowed or divorced, but if she died her husband would inherit from her.

MISHNAH: The following are flogged: He who copulates with his sister, or his father’s sister, or his mother’s sister, or his wife’s sister, or his brother’s wife, or his father’s brother’s wife, or a menstruating woman. A widow for the High Priest, or a divorcee or one having received ḥalîṣah for a common priest. For a widow and divorcee one is liable because of two categories. For a divorcee having received ḥalîṣah one is only liable for one category.

MISHNAH: The following are flogged: He who copulates with his sister, or his father’s sister, or his mother’s sister, or his wife’s sister, or his brother’s wife, or his father’s brother’s wife, or a menstruating woman. A widow for the High Priest, or a divorcee or one having received ḥalîṣah for a common priest. For a widow and divorcee one is liable because of two categories. For a divorcee having received ḥalîṣah one is only liable for one category.

MISHNAH: The following are flogged: He who copulates with his sister, or his father’s sister, or his mother’s sister, or his wife’s sister, or his brother’s wife, or his father’s brother’s wife, or a menstruating woman. A widow for the High Priest, or a divorcee or one having received ḥalîṣah for a common priest. For a widow and divorcee one is liable because of two categories. For a divorcee having received ḥalîṣah one is only liable for one category.

So is the Mishnah: “but the Anointed is not liable for the impurity of the Temple and its sancta, everybody’s opinion, and neither is the Prince for hearing a sound, the words of Rebbi Simeon.” Rebbi Joḥanan said, and the Sanctuary he shall not leave, nor desecrate. Therefore, if he left, he would not desecrate. Rebbi Ashian, Rebbi Jonah: Rebbi Abun bar Cahana found a difficulty. Is it not written, a widow, or a divorcee, or a desecrated, a harlot, these he shall not marry, therefore if he married he would not desecrate? What about it? Ḥizqiah said, this person would be extirpated from the community. One whose sacrifice is identical to that of the community. This excludes the Anointed whose sacrifice is not equal to that of the community. They objected, is not also the Prince’s sacrifice not equal to that of the community? It is equal on the day of Atonement. But his brothers the priests are not equal on the day of Atonement! They are equal on the other days of the year. Rebbi Yudan bar Shalom said, they are equal in that the blood is given outside.

“Both are equal in the office of the day of Atonement,” etc.] He, not the king. He, not the chieftain. He, to include the priest Anointed for War. A woman in her virginity he shall marry; this excludes an adult whose hymen has atrophied. Rebbi Eleazar and Rebbi Simeon qualify the adult. Rebbi Isaac asked, are these things so in all other things? He takes the fist full and the other burns it; he receives and the other throws, he burns and the other sprinkles? Rebbi Jacob bar Idi in the name of Rebbi Isaac: They made it like a (great) [robbed] purification sacrifice which was not publicly known. This implies that he takes the fistful and the other burns it, he receives and the other throws, he burns and the other sprinkles. Rebbi Berekhiah, Rebbi Jacob bar Idi: Rebbi Isaac asked. If he was standing sacrificing on the altar when it became known that he was the son of a divorcee or the son of a woman having received ḥaliṣah, how do you treat him? [As if] he had died and the homicide might return to his home town or should he be treated as one whose trial had been concluded without a High Priest and he never can leave from there?

MISHNA: How are witnesses [which come before a rabbinical court to testify] made zomemim [false witnesses]? Witnesses [proven false] testify that this person is a son of a divorcee or a son of a Levirite marriage. We don't say that they become like a son of a divorcee or a son of a Levirite marriage, rather they are lashed forty times.

MISHNA: How are witnesses [which come before a rabbinical court to testify] made zomemim [false witnesses]? Witnesses [proven false] testify that this person is a son of a divorcee or a son of a Levirite marriage. We don't say that they become like a son of a divorcee or a son of a Levirite marriage, rather they are lashed forty times.

...[now our Mishnah continues] and [then] there are false witnesses who are not given [this kind of] punishment at all, rather they receive forty lashes. How so? Witnesses testify that this person is a son of a divorcee or a son of a Levirite marriage. We don't say that they [the false witnesses] become like a son of a divorcee or a son of a Levirite marriage, rather they are lashed forty times.

...[now our Mishnah continues] and [then] there are false witnesses who are not given [this kind of] punishment at all, rather they receive forty lashes. How so? Witnesses testify that this person is a son of a divorcee or a son of a Levirite marriage. We don't say that they [the false witnesses] become like a son of a divorcee or a son of a Levirite marriage, rather they are lashed forty times.

It is taught four things regarding false witnesses [that are exceptions to the rule] We don't [revoke the priestly status in the case of] a son of a divorcee or a son of a Levirite marriage, and we don't exile to a city of refuge, and we don't [make them] pay atonement and we don't make them slaves. They said in the name of R' Akiva, they do not pay under self-confession.

We don't make them a son of a divorcee or a son of a Levirite marriage, as we said before and we don't exile them to a city of refuge as we said before, and we don't make them pay compensation (regarding a violent ox that kills) [because] the compensation is an atonement, and false witnesses do not need atoning.

If his judgment was finalized and subsequently the [high] priest was found to be the son of a divorcee or the son of a woman who received chalitzah, the matter is subject to a dispute between Rebbi Ami and Rebbi Yitzchak Nafkah. One says, [It is comparable to a case where] the priesthood died, and one says, [It is comparable to a case where] the priesthood got disqualified [retroactively].

Let us say that they are arguing the same dispute as Rebbi Eliezer and Rebbi Yehoshua. That we learned in a mishna, If he [the priest] was standing and sacrificing upon the alter, acc it became known that he was the son of a divorcee or the son of a woman who received chalitzah, Rebbi Eliezer says, All of the sacrifices that he ever brought are [retroactively] disqualified. And Rebbi Yehoshua validates then.

MISHNA: And these are the ones who receive lashes. One who cohabits with his sister, with his father's sister, with his mother's sister with his brother' wife's sister, with his brother's wife, with his father's brother's wife, or with a nidda [i.e. a menstruating lady]. A widow with a high priest, a divorcee or a arkham who received chalutzah with a regular priest, a mamzeres [i.e. illegitimate woman] or nasina [i.e. a Gibeonite woman] with an Israelite, the daughter if a priest with a nasan or a mamzer. [All of these aforementioned cohabitations are subject to lashes.]

A widow [who is] a divorcee [cohabiting with a high priest] is liable because of two prohibitions. A divorcee [who had also] received chalutzah [cohabiting with an ordinary priest] is only liable to one prohibition alone.

A widow [who is] a divorcee [cohabiting with a high priest] is liable because of two prohibitions. A divorcee [who had also] received chalutzah [cohabiting with an ordinary priest] is only liable to one prohibition alone.

Rebbi Ellazer asked him, Where is [the other case]? [Rebbi Yochanon] responded to him, when you look for it [you will find it]. He looked hard and found it. For it was taught in a baraisa An Oneiss who divorces his wife, if he is a Yisroel [a non-Kohen] he takes her back and does not recieve malkus. If he is a Kohen, however, [who is forbiden to marry a divorcee,] he is flogged and does not take her back.