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8 [1] A fetus, a *yavam*, consecration, a deaf-mute, and a child of nine years old disqualify [a woman] from partaking of *terumah*, but do not entitle her to partake [of it]. [2] What is meant [by the above statement] with regard to a fetus? A daughter of an Israelite who was impregnated by a priest is not entitled to partake of *terumah* by virtue of the fetus. When the daughter of a priest, by contrast, was impregnated by an Israelite, she is prohibited against partaking of *terumah* because of the fetus. [This is derived from Leviticus 22:13:] "And she shall return to her father's home as in her maidenhood." This excludes a pregnant woman. [3] When an Israelite has relations with a daughter of a priest, we do not suspect that she became pregnant. Instead, she may immerse herself [in the *mikveh*] and partake [of *terumah*] in the evening. If she was married to an Israelite and her husband died, she may immerse herself and partake of *terumah* in the evening [and continue doing so] for 40 days. If her fetus is recognized [afterwards], retroactively, her [actions] are objectionable from the fortieth day onward. For, throughout the forty days, the embryo is not considered as a fetus, merely as water. [4] When a daughter of an Israelite was married to a priest and he died, leaving her pregnant, her servants should not partake of *terumah* because of the fetus. For only a child that was born entitles others to partake [of *terumah*]. One which is not born does not entitle others to partake [of *terumah*]. Therefore if the fetus was a *challal* [and the woman had other acceptable children, the fetus] does not disqualify the servants from partaking of *terumah*. Instead, they may partake of it by virtue of his brothers who are acceptable priests until this *challal* is born, at which point, the servants become forbidden to partake [of *terumah*]. [5] What is meant [by the initial statement] with regard to a *yavam*? When a daughter of an Israelite is under the obligation to perform *yibbum* with a priest, she may not partake of *terumah*, for [*ibid.*:11] states: "When a priest will purchase a soul" and this [*yavam*] has not acquired [the woman] yet.
When the daughter of a priest is under the obligation to perform *yibbum* with an Israelite, she is forbidden [to partake of *terumah*] because of her *yavam*, as [implied by the verse:] "And she shall return to her father's home as in her maidenhood." This excludes a woman under obligation to perform *yibbum*. [6] When a *yavam* who is a priest engages in relations with his *yevamah* by force or without intent or he merely uncovers her and does not complete the act of intercourse, he acquires [his *yevamah*], as stated in *Hilchot Yibbum*. Nevertheless, he does not entitle her to partake of *terumah* until he completes the act of intercourse with her consent.
When does the above apply? When [the *yevamah*] was widowed after consecration [alone]. If, however, she had been married, since she had been partaking of *terumah* previously, she is entitled to partake of it by virtue of [the inferior] acts of intimacy mentioned above. [7] What is meant [by the initial statement] with regard to a consecration? When a daughter of a priest is consecrated by an Israelite, she is forbidden to partake [of *terumah*], for he has already acquired her. When the daughter of an Israelite has been consecrated by a priest, she may not partake [of *terumah*] until she enters the *chupah*, lest she give *terumah* to the members of her father's household, as we explained. [8] When an Israelite tells the daughter of a priest: "Behold, you are consecrated to me after 30 days," she may partake [of *terumah*] for these 30 days, for the consecration has not taken effect yet. If, however, he told her: "You are consecrated to me from the present and after 30 days," she is forbidden to partake [of *terumah*] immediately. Similar laws apply with regard to other conditional agreements of this type. [9] What is meant [by the initial statement] with regard to a deaf-mute? When a daughter of a priest is married to an Israelite who is a deaf-mute, she may not partake [of *terumah*], since he acquires her by virtue of the ordinance of our Sages who instituted marriage for him. When a daughter of an Israelite marries a priest who is a deaf-mute, she may not partake [of *terumah*], because he does not acquire [her] according to Scriptural Law, because he is not of [adequate] intellectual capacity. [10] [When a woman] was consecrated by a priest of ordinary mental capacity, but he did not marry her until he became a deaf-mute, she may not partake [of *terumah*]. [In the above situation, if after consecrating a woman, a priest] died and she fell before a *yavam* who is a deaf-mute, she may not partake [of *terumah*]. If, however, he married her when he was of ordinary mental capacity and then became a deaf-mute, she may [continue] to partake [of *terumah*]. If he died and she fell before a *yavam* who is a deaf-mute and he performs *yibbum* with her, she may [also continue to] partake [of *terumah*]. [The rationale for the leniency is] that she was partaking of *terumah* beforehand.
When the wife of [a priest who is] a deaf-mute bears him a child, she may partake [of *terumah*] by virtue of her child. [11] What is meant [by the initial statement] with regard to a child of nine years old? [When a daughter of a priest] engaged in relations with a child of nine years old who is forbidden to her, since sexual relations in which he engages are significant, she is disqualified from the priesthood and forbidden to partake of *terumah*, because she becomes a *zonah* or a *chalalah*, as we explained. [This applies] even if [the child] is sexually impotent.
When a daughter of an Israelite marries a priest who is nine years old, even though the relations in which he engages are significant, she is not entitled to partake of *terumah* because of [this] child, because he cannot acquire her [as his wife] until he reaches majority.
If there is a doubt whether [a child forbidden to a daughter of a priest] is nine years old or not, she is forbidden to partake [of *terumah*]. [This same ruling applies] if she married a boy thirteen years old and there was a question whether he manifested physical signs of maturity or not. [12] All of the relationships [mentioned above] that do not entitle a woman to partake of *terumah* prescribed by Scriptural Law also do not entitle her to partake of *terumah* prescribed by Rabbinic Law. [This is] a decree lest they have them partake of *terumah* prescribed by Scriptural Law. [13] The [following] individuals neither disqualify [the daughter of a priest from partaking of *terumah*] or enable [the daughter of an Israelite] to partake of it:a rapist, a seducer, or a mentally or emotionally unstable person. [This applies] provided she is not forbidden to them, in which instance, they disqualify her through relations, because she becomes a *zonah* or a *chalalah*, as we explained. [14] When a woman married a priest who was intellectually or emotionally unstable or a priest raped her or seduced her and she bore him a child, she may partake of *terumah* because of her son. There is a doubt concerning the matter, for since she was not consecrated to him, it is possible that she was impregnated by another person. Nevertheless, we operate under the presumption that the child was conceived by [the priest] who engaged in relations with her. [This applies] provided rumors did not circulate concerning her with another person. Instead, everyone gossips about her and this priest.
Similar concepts apply when an Israelite who is intellectually or emotionally unstable engages in relations with the daughter of a priest or [an Israelite] raped or seduced her and she became pregnant. She may not partake of *terumah* because of the fetus. If the fetus is aborted, she may partake [of *terumah*]. [15] When witnesses concerning a [*sotah*] warning and witnesses concerning [a *sotah*] meeting testify against a woman married [to a priest], she is forbidden to partake of *terumah* until she drinks the bitter water, because there is a question whether she is a *zonah*. If her husband dies before she drinks the water or she is one of the women who are absolved from drinking and do not receive the money due them by virtue of their *ketubah*, she is forbidden to partake of *terumah* forever. Whenever the wife of a priest says: "I have been unfaithful," she is forbidden to partake of *terumah*. [16] When a daughter of an Israelite who has not attained majority marries a priest without her father's consent, whether in his presence or in his absence, she may not partake of *terumah* even though her father consecrated her. [The rationale is that] her father might object and then she would retroactively be unfit [to partake of *terumah*]. [The reason] he remains silent even though he sees is because he is angry because she married without his consent.
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC