Sefer HaChinuch ספר החינוך

That a priest not marry a licentious woman (zonah): That a priest — whether a common priest or a high priest — not marry a licentious woman as a wife, as it is stated (Leviticus 21:7), “A woman who is licentious or profaned they shall not take.” And the expression, “take,” implies by way of marriage. Therefore he is not lashed for her unless he marries her and has intercourse with her. As so did the explanation come, that there is no liability until he has intercourse with her, as we shall write with God’s help.

It is from the roots of the commandment [that it is] since the priests were chosen to always perform the service of God, may He be blessed. And hence it is fitting and obligatory that they be holier and cleaner than all the rest of the people in all of their matters — even in the matter of marital union, which is an essential thing with a man; and some of the thoughts of a man are always about his spouse. Therefore, he became obligated not to marry a licentious woman, whose constitution is evil and bitter, lest she divert and move him from his good way and acceptable intention, “with her frequent oratory.” She is also an embarrassment and a defect for all who draw close to her, as all of the people jest about her, from “the impurity that is in the bottom of her skirts.”

From the laws of the commandment is that which they, may their memory be blessed, said (Yevamot 61a) that the licentious woman spoken about in the Torah is anyone who is not a daughter of Israel — as they are all in the category of licentious women; and also since marriage to them is not effective, it is licentiousness (by definition). And also called a licentious woman is any daughter of Israel that has had intercourse with a man that it is forbidden for her to marry — the prohibition of which is the same under all circumstances. [The latter is] to exclude a widow that has had intercourse with a high priest or a divorcee with a common priest, as this prohibition is not the same with every man; and [so] she is not [defined as] a licentious woman with it. And likewise also called a licentious woman is all who have had intercourse with a profaned priest (challal) — and even though she is permitted to marry him. As her being [defined as] a licentious woman is not dependent on prohibited intercourse, but rather on her becoming defective. And we learned from the heard tradition that she is only defective from a man that is forbidden for him to marry her or from a profaned priest.

And from [this], we learned that one who has mated with a beast does not become a licentious woman, even though she is [punishable] with stoning — as it is specifically the intercourse of a man that makes her a licentious woman (Yevamot 59b). And so [too,] if she had intercourse when she was still a menstruant with someone to whom it is fitting for her to be married; she does not become a licentious woman with that, even though it is [punishable] with excision. And likewise [in a case of] one who has intercourse with a single woman — even if she was a prostitute, meaning she made herself available to all — she does not become a licentious woman so long as she has not had intercourse with someone she is forbidden to marry, meaning that she is a sexual prohibition for him. And even prohibitions of [only] a negative commandment or even [those forbidden by] the obligations of a positive commandment are included in this prohibition. And therefore they said that if one of [the following] — a [gentile], a slave, a natin, a mamzer, an Ammonite or Moavite convert, an Egyptian or Edomite [convert] of the first or second [generation], one whose testes are crushed or whose member is cut off — had intercourse with a Jewish woman, he makes her into a licentious woman and she is disqualified to the priesthood. And if she is a priestess, she is disqualified from the priesthood. And so [a woman] who has had intercourse with someone who makes her a licentious woman is disqualified on account of [being] a licentious woman, from when he inserts himself in her — whether through rape, through consent, through inadvertence, and whether in her [conventional] way or not in her way — and [that is] only when she was three years and a day [old] and above, and the [man] was nine years and a day and above. And also from the matter of the commandment is that which they said (Nedarim 90b) about the wife of a priest who says to her husband, “I was raped,” — and even if a witness testifies to him that it was so, like her words, that she was [made] licentious — that she does not become forbidden to him with this. As we say, maybe she put her eyes on someone else [and is seeking a pretext for divorce]. And nonetheless, she is forbidden to any [other] priest after the death of her husband; as she made herself into a “piece of forbidden matter.” And if she was trusted by him or the witness was trusted, behold this one should [divorce] her in any case to remove the doubt. And our teachers, God should keep them, instructed us (see Teshuvot HaRashba 1268) [that the latter is] specifically when she came to say this — whether she or the witness — from amidst peace between him and her. But if she said this — whether she or the witness — from amidst a spat between him and her, we should determine the matter, [such] that he is not obliged to [divorce] her regardless. As there is [then] an assumption that she was lying, and [hence] it is not fitting to believe her in her words with one witness, but rather [only] with two fit witnesses. But nonetheless, if his opinion is very reliant upon her words or the words of the witness, it is fitting to be concerned [and not] have intercourse with her. And the rest of the many details of the commandment are in Yevamot and in Kiddushin. (See Mishneh Torah, Laws of Forbidden Intercourse 18.)

And [it] is practiced by priests in every place and at all times. And a priest who transgresses it and marries a licentious woman — from those that we elucidated — by way of marriage, and has intercourse with her is lashed.