R. Eliezer n. Yaakov dit: (Avec) toute détention (de la femme) qui vient de l'homme—c'est comme si elle était sa femme. Et (avec) toute détention qui n'est pas de l'homme—c'est comme si elle n'était pas sa femme. [S'il lui a donné un get, c'est la "détention" qui vient de l'homme. Car le fait qu'elle n'ait pas exercé l'option miun montre que sa «détention» avec lui découlait (de son désir de rester avec) lui. Si elle a exercé l'option miun, il s'agit de la «détention» qui ne vient pas de l'homme, sa «détention» avec lui étant née de son désir de rester avec lui. La Michna est expliquée ci-dessous.]
Bartenura on Mishnah Yevamot
כל עכבה שהיא מן האיש – he (i.e., the husband) gave her a Jewish bill of divorce, this is the hindrance that comes from the man, for since she did not refuse/protest him, she revealed her intention that all that she tarried/delayed with him was for him. If she protested/refused him, this is the hindrance that is not from the man, for she did not detain herself with him because of marriage, and our Mishnah explains that and continue.
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English Explanation of Mishnah Yevamot
Introduction
This mishnah is a continuation of the previous mishnah.
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English Explanation of Mishnah Yevamot
Rabbi Eliezer ben Jacob says: In the case of any hindrance that was due to the husband, she is considered to be his wife; But in the case of any hindrance that was not due to the husband she is not considered to be his wife. There are two explanations of this mishnah in the Babylonian Talmud and of what “a hindrance” is. According to one explanation, if while married to this man another man offers to marry her and she refuses that marriage because she prefers her current husband, then she is considered to be his wife. This is because she has expressed her opinion that she wishes to stay in the marriage, and it is unlikely that she will later make a declaration of refusal. In such a case if she was the daughter of an Israelite married to a priest, she may eat terumah, and if she was the daughter of a priest married to an Israelite she loses her right to eat terumah. However, if the hindrance was caused by another factor, for instance the new man was not right for her, then she has not expressed a definite desire to stay with her husband and therefore she is not considered his wife. According to the second explanation, if her husband gave her a get before she made a declaration of refusal, she is considered to have been his wife. The “hindrance” is the get. The consequences is that he is subsequently forbidden to marry her relatives and she his. However, if she makes a declaration of refusal, this is considered a hindrance from her. She is not considered his wife and therefore may marry his relatives, as we will learn in the upcoming mishnah.
