Commentary for Gittin 8:7
הַכּוֹנֵס אֶת יְבִמְתּוֹ וְהָלְכָה צָרָתָהּ וְנִשֵּׂאת לְאַחֵר וְנִמְצְאָה זֹאת שֶׁהִיא אַיְלוֹנִית, תֵּצֵא מִזֶּה וּמִזֶּה וְכָל הַדְּרָכִים הָאֵלּוּ בָהּ:
If one wed his yevamah and her tzarah went and remarried, [the ruling being that cohabitation with the one (the yevamah) exempts the tzarah (from chalitzah)], and she [the yevamah] were found to be an eilonith, [so that her yibum is not yibum, and the tzarah should not have been exempt], she leaves this one [her husband] and this one [her original yavam], and all of the above applies.
Bartenura on Mishnah Gittin
ונשאת לאחר – since we establish for us that the sexual act of the one exempts her associate co-wife.
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English Explanation of Mishnah Gittin
Introduction
This mishnah is quite similar to yesterday’s mishnah. Mishnah Seven
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Bartenura on Mishnah Gittin
ונמצאת זו – who had been married by the dead-husband’s brother was found to be incapable of bearing children, her act of marrying her dead-husband’s brother is not effective, and she did not exempt her associate wives and went to the marketplace to get married without the ceremony of the removal of the shoe of her dead-husband’s brother [who refused to marry her].
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English Explanation of Mishnah Gittin
If a man marries his sister-in-law and her rival wife goes and marries another man and it was found that the first is an aylonit, the other must leave both husbands and all these consequences apply to her. In today’s mishnah Reuven was married to two women, Rachel and Leah. When Reuven dies, Rachel marries Shimon, Reuven’s brother, thereby fulfilling the mitzvah of yibbum. Leah is free to marry an outsider, so she marries David. When it turns out that Rachel is an aylonit, her yibbum marriage to Shimon is invalidated. Leah has therefore married an outsider without halitzah, which according to our mishnah (but not the accepted halakhah), renders her marriage invalid and her child with her new husband a mamzer. She may not remain married to her husband, nor have yibbum with Shimon, and all of the consequences listed in mishnah five apply to her.
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Bartenura on Mishnah Gittin
תצא מזה ומזה – [she should leave] this husband and from her first brother-in-law.
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