Sunday, May 8, 2022

Who is a zona? TB Yevamot 61

This week’s Torah portion, Emor, delineates who a Kohen and the Kohen Hagadol, the High Priest, may and may not marry. “They shall not take [into their household as their wife] a woman defiled by harlotry (zona- זֹנָ֔ה), nor shall they take one divorced from her husband. For they are holy to their God… He (the Kohen Hagadol-gg) may take [into his household as his wife] only a woman who is a virgin. A widow, or a divorced woman, or one who is degraded by harlotry (zona- זֹנָ֔ה)—such he may not take. Only a virgin of his own kin may he take as his wife)” (Leviticus 21:7, 13-14))

There are six different opinions on daf TB Yevamot 60 exactly what is the legal definition of a zona.

“(1) The zona forbidden to a priest is as the name zona implies, i.e., a married woman who committed adultery; this is the statement of Rabbi Eliezer.

(2) Rabbi Akiva says: A zona is a woman, even an unmarried woman, who is available to all, i.e., she has intercourse with whoever is interested.

(3) Rabbi Matya ben Ḥarash says: Even if her husband went to make her drink the bitter waters after she disregarded his warning not to seclude herself with a certain man, and he had intercourse with her on the way, he has thereby caused her to become a zona because she was forbidden to him at the time, despite the fact that she is his wife. (This is a lenient position because a resulting child of this intercourse is not considered a mamzer)

(4) Rabbi Yehuda says: A zona is a sexually underdeveloped woman (אַיְלוֹנִית ). [An Alonit is a woman who cannot conceive children. Since one cannot fulfill the mitzvah of being fruitful and multiply with her, Rabbi Yehuda holds that this intercourse has no raison d’être except for licentious purposes only-gg]

(5) And the Rabbis say: The term zona applies only to a female convert, a freed maidservant, and one who engaged in licentious sexual intercourse. (The rabbis believe that these women come from a promiscuous culture and would most likely have engaged in sexual intercourse-gg)

(6) Rabbi Elazar says: Even in the case of an unmarried man who had intercourse with an unmarried woman not for the purpose of marriage, he has thereby caused her to become a zona. ” (Sefaria.org translation)

Rambam poskins that the halakha follows the Rabbis’ opinion. (Mishneh Torah, Sefer Kedusha, Forbidden Intercourse, chapter 18 halakha 2)

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