(Si ella dijo :) Me dieron un hijo (es decir, nacido) en el extranjero, y mi hijo murió y luego murió mi esposo, [sin liberarse de su estado original, aún necesitando yibum según sus palabras], se cree [y se le permite tomarla en yibum. (Si ella dijo :) Mi esposo murió y luego: Mi hijo murió, no se cree que se case "en el mercado" sin chalitzah; porque cuando los sabios le creyeron a una mujer, solo en relación con su esposo la creyeron, suponiendo que ella se volvería a casar solo después de asegurarse (que él había muerto): pero no le creyeron a su pariente por liberarse del yibum, en que posiblemente podría estar motivada por el odio (por el yavam).] Y estamos preocupados por sus palabras [es decir, que están diseñadas para liberarla de yibum], y ella recibe chalitzah y no es tomada en yibum.
Bartenura on Mishnah Yevamot
ניתן לה בן במדינת הים – and my son died and after[wards], my husband died, we don’t remove her from the original legal presumption that she says that she still needs to marry the levir, she is believed and permitted to be married by the levir.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah continues to deal with a woman who returns from overseas and states that both her husband and son have died. The difference between this case and that found in the previous mishnah is that here her son was born abroad.
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Bartenura on Mishnah Yevamot
אינה נאמנת – to marry anyone in the world without removal of her brother-in-law’s shoe, for the Rabbis believed her as a wife, concerning her husband she is believed, because of evidence by implication and she is allowed to marry, but to free herself from the levir, she is not believed because sometimes she is hated by him and we suspect her words for she frees herself from the levir, and removes her levir’s shoe and does not marry the levir.
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English Explanation of Mishnah Yevamot
[If a woman states], “A son was given to me [while I was] in a country beyond the sea” and she also states, “my son died and afterwards my husband died”, she is believed. In this mishnah she leaves to travel abroad under the assumption that she is liable for yibbum should her husband die, because he has no children. If she comes back and states that she had a son, she has changed that status quo. However, if she says that the son died before the husband, then she reverts to the status quo of being liable for yibbum. Since she is ultimately maintaining the status quo, she is believed.
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English Explanation of Mishnah Yevamot
[If she states], “my husband died and afterwards my son died”, she is not believed, but we are concerned that her words [might be true] and she must, therefore, perform halitzah but may not contract yibbum. However, if she states that her husband died before her son died, she is changing the status quo because she is exempting herself from yibbum. Therefore, she is not believed, and she is not allowed to remarry without first having halitzah. She cannot have yibbum because she claims that her husband died before her son and therefore she is not liable for yibbum. In summary both this mishnah and yesterday’s mishnah teach that a woman is believed to retain the status quo but not to modify it. However, even though she cannot change status quo, she must have halitzah before she can remarry.
