Si la femme d'un homme est allée à l'étranger, et ils sont venus et lui ont dit: Votre femme est morte, et il a épousé sa sœur, puis sa femme est revenue, elle est autorisée à revenir vers lui, [car les fiançailles de la seconde n'ont pas de sens, et il vivait avec elle à z'nuth. Et il est dit dans la gemara (Nombres 5:13): "Et un homme couche avec elle"— son mensonge (adultère) lui interdit (à son mari), et non à sa sœur.] Il est autorisé à la famille de la seconde [c'est-à-dire, d'épouser sa fille (sœur), il est décidé (11: 1): "Un peut épouser la famille d'une femme qu'il a ravie ou séduite], et la seconde est autorisée à ses proches; et si la première (c'est-à-dire sa femme) est décédée, il est autorisé à la seconde. S'ils lui ont dit: Votre femme est morte , et il a épousé sa sœur; et puis ils lui ont dit: Elle était vivante (quand tu as épousé sa sœur) et puis elle est morte, le premier enfant est un mamzer, et le second ne l'est pas. R. Yossi dit: Tous ceux qui rendent inaptes aux autres se rendent inaptes à eux-mêmes, et tous ceux qui ne les rendent pas inaptes aux autres ne se rendent pas inaptes à eux-mêmes. [R. Yossi a entendu le premier tanna dire: Cela ne fait aucune différence que sa femme et son beau-frère soient partis à l'étranger. ou si sa fiancée et son beau-frère sont allés à l'étranger —s'ils venaient et lui disaient: Votre femme est morte et votre beau-frère est mort, et il a épousé sa sœur, puis sa femme et son beau-frère sont revenus, la femme de son beau-frère lui est interdite son mari et sa propre femme lui sont autorisés. Et R. Yossi lui dit: Dans le cas de sa fiancée et de son beau-frère, où l'on pourrait dire qu'il y avait une condition dans les fiançailles, et que son mariage avec sa sœur était de bonne foi (le condition n'ayant pas été remplie), de sorte qu'elle (la seconde) demande le divorce de lui (celui qui est marié au premier), de sorte qu'il ne soit pas dit qu'une femme mariée part sans obtenir—puisqu'il la rend inapte aux autres, c'est-à-dire à son beau-frère (car, le laissant avec un get, elle est rendue inapte à son mari), il rend également sa femme impropre à lui-même, en raison de «la sœur de sa divorcée. " Mais lorsque sa femme et son beau-frère vont à l'étranger, et qu'il épouse sa sœur, auquel cas on ne peut pas dire qu'il y avait une condition dans le mariage et que son mariage avec le second était un mariage de bonne foi (car il pourrait être dit de fiançailles), et elle (la seconde) ne demande pas le divorce de sa part— puisqu'il ne rend pas inapte aux autres, ne rend pas la femme de son beau-frère impropre pour lui, il ne se rend pas inapte à lui-même, sa femme lui étant permise, n'étant pas «la sœur de sa divorcée»].
Bartenura on Mishnah Yevamot
מותרת לחזור לו – for the second betrothal is not anything, and he came upon her in prostitution, and we say in the Gemara (Tractate Yevamot 95a) (Numbers 5:13): “in that a man has had carnal relations with her [unbeknown to her husband , and she keeps secret the fact that she has defiled herself without being forced],” her carnal relations forbid her, but the carnal relations of her sister do not forbid her.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah and the next discuss the ramifications of situations where a husband was told that his wife had died, and he married her sister.
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Bartenura on Mishnah Yevamot
ומותר בקרובות השניה – to marry her (i.e. second wife’s) daughter for ewe hold that one marries the outraged or seduced woman.
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English Explanation of Mishnah Yevamot
If a man’s wife had gone to a country beyond the sea and he was told, “Your wife is dead”, and he married her sister, and afterwards his wife came back, [the latter] is permitted to return to him. He is permitted to marry the relatives of the second woman, and the second woman is permitted to marry his relatives. If the first wife died he is permitted to marry the second. The man’s marriage to his wife’s sister was obviously forbidden, since one cannot marry one’s wife’s sister. However, his original wife is permitted to return to him, since the second marriage was totally invalid. By his first wife returning to him, this would not count as marrying his wife’s (his second wife’s) sister. Furthermore, since the marriage was invalid, he may marry the second wife’s relatives (for instance her daughter). This is true even if he has had sexual relations with her. She too is permitted to marry his relatives. If his first wife dies, he can now remarry the second wife. Even though he already had relations with her when she was forbidden to him, since she is now permitted to him, he may marry her.
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Bartenura on Mishnah Yevamot
רבי יוסי אומר כל שפוסל ע"י אחרים פוסל ע"י עצמו – Rabbi Yosi is the attendant of the first Tanna/teacher when he says, it makes no difference that his wife went and his brother-in-law (wife’s sister’s husband) who is the husband of his wife’s sister abroad nor whether his betrothed and his brother-in-law went and they came and said to him: “your wife died and your brother-in-law died,” and he married her sister and afterwards, his wife and his brother-in-law came; the wife of his brother-in-law is prohibited to his brother-in-law and his wife is permitted to him. And Rabbi Yosi said to him: His betrothed and his brother-in-law, for one is able to state that there was a condition in the betrothal, and this one who married her sister , married well, and requires a Jewish bill of divorce from him, so that they don’t say that a married woman goes out [from a marriage] without a Jewish bill of divorce for it invalidates her in regards to others, which are his brother-in-law, for since she left him with a Jewish bill of divorce, it invalidates her from her husband, it also invalidates her for marriage for himself and his wife is forbidden to himself because she is the sister of his divorced wife. But, where his wife and his brother-in-law went abroad and he married her sister that one is not able to say that there was condition for him in the marriage, and he married her well to this one, where it is possible to say that with regard to betrothal, one does not require a Jewish bill of divorce from him and does not invalidate [his wife] to others, for he did not invalidate the wife of his brother-in-law to his brother-in-law, he doesn’t invalidate her for himself. And his wife is permitted to him for she is not the sister of his divorced wife.
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English Explanation of Mishnah Yevamot
If he was told that his wife was dead, and he married her sister, and then he was told that she was then alive but had since died, any child born before [his first wife’s death] is a mamzer, but anyone born after [her death] is not a mamzer. This section teaches that any child he had with his wife’s sister while his wife was still alive is a mamzer, since this is a prohibited relationship, and punishable by kareth. However, children born after his original wife died are not mamzerim.
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English Explanation of Mishnah Yevamot
Rabbi Yose says: whoever disqualifies for others disqualifies for himself and whoever does not disqualify for others does not disqualify for himself. The Talmud explains that Rabbi Yose refers to a situation where Reuven was married to Leah and Moshe was married to Rachel, Leah’s sister. Leah and Moshe (Reuven’s wife and his brother-in-law) go abroad and Reuven receives a report that both of them have died. Reuven now marries Rachel, who he thinks is Moshe’s widow and his dead wife’s sister. When both Leah and Moshe come back, since Rachel is forbidden to return to Moshe (see mishnah one), Leah is forbidden to return to Reuven. The previous tanna would have held that while Rachel was forbidden to return to Moshe, Leah was permitted to return to Reuven. However, if there was a case where the woman whom he married was not forbidden to return to a previous husband, for instance she was not married or she married him (Reuven) without the permission of the court, since he does not make her forbidden to someone else, his own wife is not forbidden to return to him.
