Tous les arayoth (relations illicites) dont ils ont dit que leurs tsaroth (co-épouses) sont autorisées, [les quinze arayoth dont les sages ont dit que leurs tsaroth sont autorisés à se marier sans chalitzah (du yavam)] —si ces tsaroth allaient se marier, et que ceux-ci [les arayoth] se révélaient être des eiloniyoth (incapables de porter des enfants) [rendant manifeste, rétroactivement, que les fiançailles (originelles) de l'homme décédé étaient erronées, de sorte que celles-ci n'étaient pas ( halachiquement) leur tsaroth et n'ont pas été exemptés de yibum par les arayoth], elle (la tsarah) quitte celui-ci [le mari qu'elle a épousé] et (elle laisse) celui-ci [le yavam (c'est-à-dire qu'il doit lui donner la chalitzah)] , et tout ce qui précède s'applique. [Dans Yevamoth, il est dit que ceci est conforme à R. Akiva, qui dit que l'enfant d'une union interdite par un commandement négatif est un mamzer. Ce n'est pas la halakha.]
Bartenura on Mishnah Gittin
כל העריות שאמרו צרותיהן מותרות – fifteen rival wives (see Tractate Yevamot, Chapter 1, Mishnah 1) that the Sages say that [married severally to the brother of a man with whom marriage is forbidden] cause the exemption from levirate marriage [and from the removal of the shoe] (of their associates and eventually the associates of their associates] to marry in the market place without the removal of the shoe.
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English Explanation of Mishnah Gittin
Introduction
To understand this mishnah we must remind ourselves of the first chapter of Yevamoth, and especially mishnah four. There we learned that if a man was married to two women, and he died childless, and one of those women was forbidden to his brother, for instance the brother was married to that woman’s sister, not only is the prohibited woman herself exempt (a man may not marry two sisters) from yibbum/halitzah (Levirate marriage and release thereof) but her rival wives are also exempt.
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Bartenura on Mishnah Gittin
הלכו הצרות – of women forbidden to a man on account of consanguinity
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English Explanation of Mishnah Gittin
With regard to all of the near relatives concerning whom they said “their rivals are permitted to marry [without halitzah]”: If the rival wives went and married and it was then found that this one (the near relative) was an aylonit, [the rival wife who married] must leave both husbands and all these consequences apply to her. In our mishnah, a man was married to a woman who is prohibited to the yavam (brother-in-law) and he is also married to other women. When he dies, since one wife is prohibited to the yavam, all of her rival wives are exempt from yibbum and halitzah. The rival wives therefore remarry without halitzah. If it turns out that widow who was prohibited to the yavam was an aylonit, a woman who never reaches physical maturity, then her marriage to her first husband was invalid and her rival wives should have had halitzah with the brother-in-law before remarrying. Therefore, the remarried rival wives may not remain with their current husbands nor may they marry the yavam either. All of the above consequences also apply to them. This mishnah regards the child of a woman who did not undergo halitzah as a mamzer. However, the halakhah is not according to this mishnah and the child is not considered a mamzer.
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Bartenura on Mishnah Gittin
ונשאו – in the marketplace
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Bartenura on Mishnah Gittin
ונמצאו – these women forbidden to a man on account of consanguinity אילוניות – And the matter was discovered that they were betrothed in error to the dead man, and it was found that these were not their associates and that these women forbidden to a man on account of consanguinity were not exempted from the ceremony of her removing the shoe of her dead-husband’s brother who refused to marry her.
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Bartenura on Mishnah Gittin
תצא מזה – from the husband that she had been married to and from the Yabam (the brother of the dead-husband, since she had had no issue from her husband). -
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Bartenura on Mishnah Gittin
וכל הדברים האלו בה – And in [Tractate] Yevamot, we establish it according to Rabbi Akiba who said that there is are illegitimate children from the violation of negative commandments, but it is not the Halakha.
