Se la moglie di un uomo andava all'estero, e venivano e gli dicevano: Tua moglie è morta, e ha sposato sua sorella, e poi sua moglie è tornata, le è permesso di tornare da lui, [perché il fidanzamento del secondo non ha senso, e ha vissuto con lei a z'nuth. Ed è indicato nella gemara (Numeri 5:13): "E un uomo mente con lei"— la sua menzogna (adultera) le proibisce (a suo marito) e non a sua sorella.] Gli è permesso ai parenti della seconda [cioè sposare la figlia (della sorella), essendo governata (11: 1): "Uno può sposare i parenti di una donna che ha rapito o sedotto], e il secondo è permesso ai suoi parenti; e se il primo (cioè sua moglie) è morto, gli è permesso il secondo. Se gli dicessero: Tua moglie è morta e sposò sua sorella, e poi gli dissero: era viva (quando hai sposato sua sorella) e poi è morta, il primo figlio è un mamzer, e il secondo no. R. Yossi dice: Tutti quelli che rendono inadatti agli altri rendono inadatti a se stessi, e tutti coloro che non rendono inadatti agli altri non rendono inadatti a se stessi. [R. Yossi ha sentito il primo tanna dire: Non fa differenza se sua moglie e suo cognato sono andati all'estero o se i suoi promessi sposi e suo cognato andarono all'estero —se venivano e gli dicevano: Tua moglie è morta e tuo cognato è morto, e ha sposato sua sorella, e poi sua moglie e suo cognato sono tornati, le è vietata la moglie di suo cognato marito e sua moglie gli sono permessi. E R. Yossi gli disse: Nell'istanza dei suoi promessi sposi e suo cognato, dove si potrebbe dire che c'era una condizione nel fidanzamento, e che il suo matrimonio con sua sorella era in buona fede (il condizione non soddisfatta), in modo che lei (la seconda) richieda il divorzio da lui (colui che è sposato con la prima), in modo che non si possa dire che una donna sposata se ne vada senza ottenere—dal momento che la rende inadatta per gli altri, cioè suo cognato (poiché, lasciandolo con un guadagno, è resa inadatta a suo marito), rende anche sua moglie inadatta a se stesso, a causa di "la sorella di il suo divorzio ". Ma dove sua moglie e suo cognato vanno all'estero, e lui sposa sua sorella, nel qual caso non si può dire che ci fosse una condizione nel matrimonio e che il suo matrimonio con il secondo era autentico (in quanto si potrebbe dire di fidanzamento), e lei (la seconda) non richiede il divorzio da lui— dal momento che non si rende inadatto agli altri, non rende la moglie di suo cognato inadatta a lui, non si rende inadatto a se stesso, gli viene concesso la moglie, non essendo "la sorella del divorzio".]
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.
