One who takes back his divorcée [after she has remarried], and one who marries his chalutzah, [who is forbidden to him by (Deuteronomy 25:9): "who would not build his brother's house" — Once he did not build it (by having given chalitzah), he may build it no more], and one who marries the kin of his chalutzah, [R. Akiva holding that his chalutzah is like his wife, Scripture having referred to her as his "house," viz. (Ibid. 10): "the house of the removed shoe" (chalutz hana'al), and R. Akiva holding, too, that the child of an interdicted marriage is a mamzer. (The halachah is not so.)] must send her out and the child is a mamzer. These are the word of R. Akiva. And the sages say: The child is not a mamzer. And they concede that if one marries the kin of his divorcée, the child is a mamzer, [for his divorcée is like his wife, and her mother and her sister are under krithuth interdict.]
Bartenura on Mishnah Yevamot
מהחזיר את גרושתו – from whom he was married.
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English Explanation of Mishnah Yevamot
Introduction
Our mishnah begins to discuss the definition of a mamzer, the child of an illicit union. The question that is asked is: which illicit unions produce children that are considered mamzers?
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Bartenura on Mishnah Yevamot
והנושא את חלוצתו – since we establish regarding him with the negative commandment (Deuteronomy 25:9): “ [Thus shall be done to the man] who will not build up his brother’s house,” since he did not “build up,” he furthermore will not build up.
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English Explanation of Mishnah Yevamot
A man who remarried his divorced wife, or married his halutzah, or married the relative of his halutzah must divorce her, and the child is a mamzer; the words of Rabbi Akiva. But the Sages say: the child is not a mamzer. They agree that where a man married the relative of his divorcee the child is a mamzer. According to Deuteronomy 24:2-4 if a man divorces his wife and she remarries and then is divorced or widowed, the first husband may not remarry her. As we have seen throughout this tractate a man may not marry his halutzah or the relative of his halutzah (for instance her mother or daughter). Rabbi Akiva says that if the man does transgress and marry one of these women he must divorce her and the child is a mamzer. As we shall see in the next mishnah, Rabbi Akiva holds that the child of any illegal union is a mamzer. The Sages disagree and hold that the child is not a mamzer. As we shall see in the next mishnah, the Sages hold that a union that is a transgression of a negative commandment that is not punished by death or kareth does not create a mamzer. Since these transgressions are not punished by kareth, the child is not a mamzer. Furthermore, the prohibition of the sister of one’s halutzah is only derabbanan (of rabbinic origin) and therefore the child cannot be a mamzer. Marrying the relative of one’s divorcee is biblically prohibited and is punishable by kareth. Therefore the Sages agree with Rabbi Akiva that the child is a mamzer.
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Bartenura on Mishnah Yevamot
והנושא קרובת חלוצתו – since Rabbi Akiva holds that the woman who takes off the shoe and spits in his face (by refusing to perform levirate marriage) is like his wife, and Scripture calls her, “his house,” as it is written (Deuteronomy 25:10): “the family of the un-sandaled one.” And also, Rabbi Akiva holds that there is a Mamzer from those who are liable for violating negative commandments, but this is not the Halakha.
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Bartenura on Mishnah Yevamot
קרובת גרושתו – for his divorced wife is like his wife, and her mother and her sister [if they are subsequently married to him] make him liable for extirpation.
