Friday, May 04, 2007

mitzvah of kohein gadol to marry a besulah

The Chasam Sofer has an interesting safeik according the Rambam’s opinion that it is a mitzvah (and not just an issur aseh) for a kohein gadol to marry a besulah (Hil Issurei Biya 17:13) and it is prohibited for a kohein gadol to have more than one wife, what if a kohein was married and was then appointed kohein gadol – for him to fulfill the mitzvah of marrying a besulah would mean marrying another wife, but doing so would force him to divorce his current wife. Is there really such a chiyuv?

3 comments:

  1. I don't see why not...the Gemara in Yoma has far crazier scenarios than that!

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  2. Anonymous12:22 PM

    Does the RMBM list as a mitzvah chiyuvis?Also assuming there is a chiyuv to divorce his wife to be mikayim the mitzvah of marrying a besulah why wouldn't he have to divorce the second wife to be mkayyim it again?Moreover IIRC the gem explicity says he may keep his wife who isn't a besulah.

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  3. >>>Moreover IIRC the gem explicity says he may keep his wife who isn't a besulah.

    True - the problem is only bec. the Rambam says he can't have 2 wives, so if he needs to fulfill a mitzvah kiyumis of marrying a besulah, he has to divorce the first

    >>>why wouldn't he have to divorce the second wife to be mkayyim it again

    Because the mitzvah is the to'eles. The fact that he had been married as a kohein hedyot doesn't help - probably like the issue of a ger who had children but still (acc to some shitos) needs to have more to me mekayeim pu"r after geirus.

    >>>Does the RMBM list as a mitzvah chiyuvis

    Unclear - I assume this gufa is the safeik

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