Tanach · Rishonim on Tanach · Ramban · Torah
Ramban on Leviticus 21:13/רמב"ן על ויקרא כ״א:י״ג
אוְהוּא אִשָּׁה בִבְתוּלֶיהָ יִקָּח פֵּרוּשׁ אֲבָל לֹא בְּעוּלָה, וְהוּא לָאו הַבָּא מִכְּלַל עֲשֵׂה, וְאַחֲרֵי כֵן הִזְהִיר בְּלָאו עַל הָאַלְמָנָה וְהַפְּסוּלוֹת, וְאָמַר "כִּי אִם בְּתוּלָה מֵעַמָּיו יִקַּח אִשָּׁה" לְצַוּוֹת עָלָיו שֶׁיִּקָּחֶנָּה. וְזֶהוּ שֶׁאָמְרוּ רַבּוֹתֵינוּ (הוריות יא), מֻזְהָר עַל הָאַלְמָנָה וּמְצֻוֶּה עַל הַבְּתוּלָה. וְכָךְ שָׁנוּ בְּתוֹרַת כֹּהֲנִים (פרק ב ו), "כִּי אִם בְּתוּלָה", מְלַמֵּד שֶׁהוּא מְצֻוֶּה עַל הַבְּתוּלָה:
1AND HE SHALL TAKE A WIFE IN HER VIRGINITY. This means that he is not to wed a woman who is not a virgin, this being a negative commandment which is derived from a positive commandment [which carries the force of a positive commandment].50 to marry a woman who is not a virgin. And the reason why it is stated in a positive form, is to make the negative aspect of it carry the force of a positive commandment, because it is an accepted principle that a negative commandment which is derived from a positive commandment carries only the force of a positive commandment. Therefore if he marries a woman who is not a virgin, he does not incur whipping, since the prohibition thereof is derived from a positive commandment, and only carries the force of a positive commandment, for the violation of which the court is not empowered to mete out punishment. This interpretation is made necessary by the following Verse 14, where it is stated again, but a virgin of his own people shall he take to wife. As Ramban will explain further on, it is this expression in Verse 14 which established the positive aspect thereof, while Verse 13 before us expresses the prohibitive part thereof. Thus the two verses are not redundant, but instead complement each other. Afterwards [in the following verse] He forbids the High Priest by means of a negative commandment to marry a widow or other disqualified woman, and then says, but a virgin of his own people shall he take to wife,51 thus commanding him [in a positive manner] to take a virgin as a wife. It is this which our Rabbis have said:52 “He is forbidden [to marry] a widow, and he is commanded to marry a virgin.” And so the Rabbis taught in the Torath Kohanim:53 2:6. “But a virgin. This teaches that he is commanded to marry a virgin.”