Comentário sobre Yevamot 6:5

כהן הדיוט לא ישא אילונית וכו' – and the same law applies for a Israelite male, and it (i.e., the Mishnah) did not take [the example of] a Kohen other than because of the dispute of Rabbi Yehuda who stated, that a Kohen, even if he has a wife and children, should not marry a barren woman, which is not the case regarding an Israelite male, but the Halakha is not according to Rabbi Yehuda.

Introduction Leviticus 21:7 states that an ordinary priest may not marry a “zonah”, usually translated as a “harlot”. In rabbinic literature the word “zonah” is used to refer to any woman who is categorically forbidden to a priest, even if she was not literally a harlot. Our mishnah discusses the definition of a zonah.

ושנבעלה בעילת זנות – such as for example those liable for violation of negative commandments or those liable for violation of positive commandments, and all the more so, those liable for extirpation or death by the Jewish court , but a person who comes upon a unmarried woman has not made her a harlot.

An ordinary priest shall not marry a woman incapable of procreation, unless he already has a wife or children. Rabbi Judah said: even though he has a wife and children he shall not marry a woman incapable of procreation, since she is a zonah, as mentioned in the Torah. But the Sages said: the term zonah implies only a female convert, freed slavewoman and one who has been subjected to illicit intercourse. A woman incapable of procreation is called an “aylonit”. The definition of “aylonit” is a woman who has never developed signs of sexual maturity. In other words, an aylonit is not a woman who looks like a sexually mature woman but has not succeeded in becoming pregnant. Rather an aylonit is a woman, who is clearly a woman and not a man, but who never hit puberty. An ordinary priest cannot marry her, and according to the Talmud, even a regular Israelite cannot marry her, unless he has already fulfilled the commandment of procreation. The reason that the mishnah teaches that an ordinary priest cannot marry her and does not say that no one can marry her, is that Rabbi Judah holds that an ordinary priest cannot marry her even if he has a wife and children. According to the first opinion in the mishnah the problem with the aylonit is that she cannot procreate. Therefore, a person can only marry her if he has already fulfilled the mitzvah of procreation or has another wife, with whom he may potentially fulfill the mitzvah. According to Rabbi Judah, the aylonit is categorized as a “zonah”, who is always forbidden to a priest, even if he already has children or another wife. She is a “zonah”, for the priest married her knowing that she could not procreate. The Sages disagree and claim that an aylonit is not a zonah. The Sages define a zonah as a female convert, a freed slavewoman or a woman who has had illicit intercourse. The first two are forbidden under the assumption that they had relations with Gentiles or slaves before conversion or manumission. Although that intercourse was permitted at the time, it still renders them off-limits to the priest. The woman who has had illicit intercourse is any woman who has had intercourse with someone with whom she is forbidden to marry.