Yevamos, chapter six, mishnah 2. In the previous mishnah we examined the various levels of intent involved in the act of relations, and we learned that the yavam acquires the yevamah through the act of yibum regardless of his intent, and whether the act was complete or not. Our mishnah continues along that very same line.
The Text of the Mishnah and Its Subject:
The mishnah establishes that one who has relations with any of the arayos (forbidden relations) in the Torah, and one who has relations with any of the pesulos - that is, a woman with whom the act of relations disqualifies her from marrying into the kehunah or from eating Terumah - are governed by one and the same law. These are the cases:
"Almanah l'kohen gadol" - a widow with a Kohen Gadol; the one who has relations with her renders her a chalalah.
"Gerushah vachalutzah l'kohen hedyot" - a divorcee or a chalutzah with an ordinary kohen; she is thereby disqualified from eating Terumah afterward in her father's house.
"Mamzeres u'nesinah l'Yisrael" - a woman who is a mamzeres or a nesinah who marries an ordinary Jew.
"Bas Yisrael l'mamzer ul'nasin" - a Jewish woman of valid lineage who marries a mamzer or a nasin.
In each of these cases - "pasal" - he disqualifies her, either from marrying a kohen if she had previously been fit for that, or from eating Terumah in the case where she is the daughter of a kohen returning to her father's house, since she has become a chalalah. In the case of a mamzeres and a nesinah, of course, she is disqualified from the kehunah from the outset, and the mishnah mentions it only in this connection. In any event, intent neither adds nor detracts.
The Principle That Emerges from the Mishnah:
Regardless of intent: he is certainly liable for whatever prohibition is involved in this act of relations, such as relations with a mamzer or a nasin, or with a mamzeres or a nesinah.
Regardless of the completeness of the act: whether ha'ara'ah, which is partial relations, or gemar biah, which is complete relations - the liability and the obligation are the same, and the person has transgressed the Torah's prohibition in either case.
The mishnah concludes by establishing that there is no difference between relations "k'darkah" - in the normal manner - and relations "shelo k'darkah" - not in the normal manner.
In summary: This mishnah teaches that the law of the arayos and the law of the pesulos are the same, and that one who disqualifies a woman through his act of relations disqualifies her from the kehunah or from eating Terumah. Three factors neither add nor detract in this law: the intent behind the act, the completeness of the act (ha'ara'ah or gemar biah), and the manner of relations (k'darkah or shelo k'darkah).