Kommentar zu Wajikra 21:13

AND 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].⁵⁰The intention of Ramban’s comment is that this verse is primarily intended to teach that the High Priest is not 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,⁵¹Verse 14. See preceding note. thus commanding him [in a positive manner] to take a virgin as a wife. It is this which our Rabbis have said:⁵²Horayoth 11 b. “He is forbidden [to marry] a widow, and he is commanded to marry a virgin.” And so the Rabbis taught in the Torath Kohanim:⁵³Torath Kohanim, Emor 2:6. “But a virgin. This teaches that he is commanded to marry a virgin.”

That is that He commanded a high priest to marry a virgin. And that is His saying, "He shall marry a woman who is a virgin." And they said in the explanation (Ketuvot 30a), "Rabbi Akiva would designate as a mamzer even [a child resulting from the union of] those prohibited by a positive commandment." And the explanation of this is that it is when a high priest would have sexual intercourse with someone who is not a virgin - about which he is prohibited by a positive commandment. For the principle with us is that a negative commandment that is derived from a positive commandment is [also] a positive commandment. And behold the regulations of this commandment have already been explained in Yevamot, in Kiddushin and in Ketuvot. (See Parashat Emor; Mishneh Torah, Forbidden Intercourse 17.)