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The Chasam Sofer in Toras Moshe Parsha Emor writes the following:

A cohen should marry a basuleh (virgin). The Ramabm counts this as a Mitzvas aseh (positive commandment). However one could have the following doubt: If the Cohen Gadol took a basuleh when he was a Cohen hediyot and then became a Cohen Gadol, would he now be required to take another basuleh (get married again)? If so, since (according to the Rambam) a Cohen Gadol is not allowed to have two wives, he would have to divorce the first wife.

Why does the Chasam Sofer have this doubt that the Cohen Gadol should then get married again? Meaning if the Cohen Gadol would want to get married he needs to marry a basuleh. However in this case that he's already married, why should davka get married again when he becomes the Cohen Gadol?

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Please explain why its not a sofek. You are sure that the answer is -----------? –  not sure Apr 21 '13 at 21:53
    
What exactly are you not understanding? Where the chasam sofer knows each of the rules from? What his conclusion is? How to resolve his doubt? –  Double AA Apr 21 '13 at 21:59
    
@DoubleAA updated –  Yehoshua Apr 21 '13 at 22:11
    
You seem to be asking: (1) Why does this safek exist? (2) If the kohen gadol does need to now marry a b'sula, then why divorce the first wife and not the b'sula? The answer to (2) seems obvious: he can't have two wives: so he needs to divorce the first wife before he can marry another. As to (1), well, any question is a safek unless there's a good resolution. Do you have a resolution? –  msh210 Apr 22 '13 at 5:28
    
@msh210 updated –  Yehoshua Apr 22 '13 at 8:37
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2 Answers 2

There are some mitzvos that one must fulfill only if puts himself in a situation in which the opportunity for the mitzva presents itself. For example, there is a mitzva of writing a bill of divorce (get) when divorcing one's wife. One who does so fulfills a mitzva, God's command. However, divorcing one's wife just so as to have the opportunity to do it via a bill of divorce is no mitzva.

Other mitzvos do not depend on putting oneself in a state of obligation, though they may apply only to certain persons. For example, any father of a firstborn (to his mother) son, no matter what, must do the mitzva of pidyon haben, redeeming the son for five silver shekel. The mitzva is not "if you redeem your son, do so for five silver shekel": it's "you must redeem your son for five silver shekel".

I propose that the Chasam Sofer's doubt is whether marrying a virgin is of the first sort of mitzva or of the second sort. If it's of the first sort, then a kohen gadol must marry a virgin only if he marries. An already married kohen gadol would be exempt. If the mitzva is of the second sort, however, then any kohen gadol would need to marry a virgin: since (according to the Rambam as cited by the Chasam Sofer) a kohen gadol may not have two wives, he'd need first to divorce his wife.

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re divorcing without basis: the rashba (shut 1:18) iirc says that's a mitzva habaah ba'aveira, but it's still a mitzva. –  Double AA Apr 22 '13 at 17:59
    
@DoubleAA, how is it HaBaah Ba'Aveirah? –  Seth J Apr 22 '13 at 18:09
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@SethJ Being mean to your wife? Lemme check –  Double AA Apr 22 '13 at 18:12
    
@SethJ msh210 it's 1:18 about halfway through hebrewbooks.org/pdfpager.aspx?req=1376&pgnum=35 seems he doesn't use the phrase mitzva habaah baaveira though :( –  Double AA Apr 22 '13 at 18:15
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Ok. Well, the Rashba says it is a mitzva to divorce chayvei lavin at least (and not just as removal of the issur; he says you would say a bracha on the divorce). –  Double AA Apr 22 '13 at 18:53
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Maybe the question is if there is a mitzvah to be married to a besulah or if he can only fulfill the mitzvah when he actually marries a besulah, so if he was married before he will not have the mitzvah only if he gets divorced and marries a besula while he is a cohen godel.

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