[Avodah] the cohen gadol and marriage to a pubescent girl

Marty Bluke marty.bluke at gmail.com
Thu Jul 3 04:37:45 PDT 2008


The Rambam clearly states in Hilchos Ishus 2:1-3 that it is a
combination of simanim and shanim together that make a girl legally an
adult, with the simanim being the main one. One without the other does
not work.

In halacha 13 the Rambam brings the parallel halacha regarding boys.
Hair until 13 is not considered and if he is 13 without 2 hairs he is
still considered a minor.

The Teshovos Harosh (Siman 16) states that 13 is a halacha l'moshe m'sinai.

However, there is another wrinkle here as well.

Both by a girl and by a boy if they reach the age of 20 without
simanim they are considered adults (eilanus or saris). The Gemara in
Yevamos 80a has a machlokes Rav and Shmuel whether he becomes a saris
retroactively. They argue over whether a boy over 13 eats cheilev and
it turns out he is a saris. Shmuel says he is patur because he was a
minor and Rav says once we know that he is a saris he is an adult
retroactively from the age of 13. The simple understanding according
to Rav is that by a saris or eilanus the only criterion is age.



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