Sefer HaChinuch ספר החינוך

The commandment of a high priest to marry a virgin maiden: That a high priest marry a virgin maiden, as it is stated (Leviticus 21:13), “And he shall take a woman in her virginity.” The proof that this is considered to be from the positive commandments is that which they, may their memory be blessed, said (Ketuvot 30a), “Rabbi Akiva would make a mamzer (one illegitimate) even from those liable from a positive commandment.” And they elucidated that this is when a high priest has intercourse with a woman who is not a virgin, who is prohibited to him by a positive commandment. As it is a principle with us that a negative commandment inferred from a positive commandment is a positive commandment. And they, may their memory be blessed, also said (Horayot 11b), “He is cautioned about the widow and commanded about the virgin.”

It is from the roots of the commandment [that it is] since the essence of good in a person is that he have thoughts of purity and cleanliness — for after the thoughts are the deeds of bodies drawn. Therefore it is fitting for the highest servant to cling to a woman who has never fixed her thought towards another man besides him who is Holy of Holies. And through that, the seed that God, may He be blessed, gives him from her will be pure and clean; fitting to serve in holiness. And lest you say, “And who knows if the virgin has also fixed her thought towards a man besides him and set her eyes on another,” the answer to this is that for as long as the thought has not gone from the potential to the actual, she is not disqualified. But anytime she had intercourse with him, she is disqualified. And even though they, may their memory be blessed, said (Yevamot 59a) that when she becomes an adult, she is prohibited to him, the matter is that once she has matured so much, the thought of her impulse is only evil; and perhaps she fixed her thought towards another. And from when she is an adult, her evil thought counts as an act. And so [too,] from this reason did they say (Yevamot 59a) that if she was widowed from betrothal — even as a minor — she is forbidden to the [high] priest. As from when the act of designation (kiddushin) was done with her, she already fixed her thought towards another man via the act of betrothal and was [so] disqualified — as an act disqualifies even with minors, and thought [does] with adults. And likewise they said (Yevamot 59a) that if she had intercourse not in her (customary) way, she is also disqualified — as she already did a big act, even though her virginity (hymen) is intact. And so [too,] they said (Yevamot 59a) that even [if she is one] struck by wood (on her hymen), she is disqualified. And the reason with her is apparently that she will not fix her thought greatly on the high priest. As once she lost her virginity, she does not cut (form) a strong covenant with a man ever. And [this is] similar to that which they, may their memory be blessed, said (Sanhedrin 22b) that a woman only cuts a covenant with one who ‘makes her a vessel’ — and behold, this one did not ‘make her a vessel.’ However they, may their memory be blessed, were not very stringent with these [laws], and they said (Yevamot 60a) that if he married an adult or one struck by wood, he keeps [the marriage], ex post facto.

From the laws of the commandment is that which they, may their memory be blessed, said (Horayot 12b) that it is one [if it is] a high priest that was anointed by the anointing oil or with many clothes, and it is one [if it is] a high priest that is serving or a high priest who they appointed and he left [the service], and likewise a priest anointed for war - they are all commanded about the virgin and forbidden with the widow. And that which they said (Yevamot 58b) that even if he betrothed a minor and she became an adult while [in his domain] before the marriage, behold this one should not [marry her]. But if he did [marry her], he does not [divorce her]. And that which they said (Yevamot 59a) that he never marry two women together, as it is stated, “And he shall take a woman in her virginity” — specifically one woman, and not two. And that which they said (Yevamot 61a) that if he [married] a widow while he was still a common [priest] and became appointed as high priest, he does not [divorce] her. And even if he [only] betrothed her before he was appointed high priest, he [marries] her after he is appointed. And the rest of its details are in the sixth chapter of Yevamot and in [various] places of Ketuvot and Kiddushin. (See Rambam, Laws of Forbidden Intercourse 17.)

And [it] is practiced in the Land at the time of the [Temple] and the service; as the high priest is appointed there, not in another place. And a high priest that transgresses this and marries one — who is neither a widow nor a divorcee — who has had intercourse with a man, has violated this commandment and [must] put her out with a bill of divorce.