2. Question: The Shulchan Aruch (Even HaEzer 6:1) says that if a kohen marries a safek chalutza he does not have to divorce her. Why is she any better than a woman who was only given a divorce paper as a chumra (acting strictly) though there was only a rumor that she was even married to a previous guy who she was arranged to marry, even though it is evident that she was not really married, she is still forbidden now to marry a kohen, one is an actual doubt where there might be rabbinic prohibition but still permitted and the other is totally permissible but is forbidden?!
a. A safek chalutza is a woman who is in doubt whether she needs to perform the act of chalitza to her brother-in-law after her husband died and the child she gave birth to died within thirty days of birth so there is a doubt if he would have lived or not.
b. A kohen cannot marry a divorced woman and is forbidden to a chalutza on a rabbinic level because it looks like a divorce, so when in doubt rabbinically we are lenient, however if nothing really happened and the divorce is just a chumra then certainly a kohen should be able to marry her?!
Answer: It’s all based on rumors. People will say the kohen married a safek chalutza therefore it is permitted because we are lenient when in doubt. But by the get lichumra people will say she was really married previously and this is actually a real divorce so the kohen should not be marrying her in order not to look like he is doing something wrong. Similarly in the next si’if it says that a girl before the age of 12 who was married off by her mother or siblings because her father died and she annulled her marriage before she was 12, can still marry a kohen when she gets older because people will say she did mi’un not divorce even if he did divorce her and she did mi’un afterwards then people will say she did mi’un and the marriage and divorce never counted.