Sześć arayoth jest bardziej rygorystycznych niż te [i jaka jest ich „surowość”?] —będąc w związku małżeńskim z innymi, [nie będąc w stanie poślubić swojego brata od ojca. A jeśli umrą ich mężowie, którzy nie są z nim spokrewnieni, ich carot może go poślubić. Bo cara z ervah jest mu zabroniona tylko wtedy, gdy upada przed nim za yibum od jego brata. Rabbeinu Mosze ben Maimon wyjaśnił: Jeśli poślubili jego brata nielegalnie, a on umarł bez dzieci, a oni wpadli przed nim na yibum, ich carot jest dozwolony. Bo to nie są carot z Erfy, małżeństwo jego brata z tymi arayotami nie jest wiążące.] Ich carot jest dozwolony: jego matka [Nie może poślubić jego brata od jego ojca, ponieważ jest mu to zabronione z powodu „żony jego ojciec "(zgodnie z poglądem, że anussa jego ojca jest zabroniona. Wyjaśniłem powyżej, że to nie jest halacha; ale jego matka zwalnia swoją carę, a jego matce wolno poślubić brata jego ojca.)] , żona jego ojca, siostra jego ojca, jego siostra od ojca i żona jego brata od ojca [który miał dzieci. Wszystkie są zabronione jego bratu, tak jak są one zabronione jemu, a on nigdy nie ma z nimi żadnego powiązania z yibum. Jeśli inni poślubili ich, a mieli inne żony i umarli, ich carot może poślubić go. Podobnie, jeśli jego brat poślubił ich nielegalnie i umarł bez dzieci, ich carot jest dozwolony].
Bartenura on Mishnah Yevamot
שש עריות חמורות מאלו – and what is their stringency? That they are married to others (i.e., outsiders). But they are not able to marry the brother of this one from his father, and if their husbands died, who are “strangers” (i.e., outsiders) regarding this one, their rival/co-wives are permitted to marry to this one, for the rivals of a woman are not forbidden on account of consanguinity other than when she falls before him for levirate marriage from his brother. And our Rabbi/teacher, Moshe bar Maimon (i.e., Maimonides) explained, that if they married through sin to his brother and he died without children, and they fell [before him] for levirate marriage, their rival/co-wives are permitted, for these are not [forbidden] on account of consanguinity since their betrothal/Kiddushin do not take effect to his brother in those forbidden relations of incest.
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English Explanation of Mishnah Yevamot
Introduction
Mishnah three introduces a different list of women which is compared to the list in mishnah one.
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Bartenura on Mishnah Yevamot
אמו – she cannot marry his brother from his father, for she is to him the wife of the father, according to the one who says that the ravaged wife of his father is prohibited, and above (Mishnah two), I explained, that this is not the Halakha, but rather, his mother exempts her rival/co-wife, for she is able to marry to his brother from his father.
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English Explanation of Mishnah Yevamot
There are six relatives that are more restricted than these, in that they may be married only to strangers, marriage with their rivals is permitted: his mother and his father’s wife, his father’s sister, his paternal sister, his father’s brother’s wife and his paternal brother’s wife. The six women mentioned in this mishnah are considered “more restricted” because they cannot be married to a man’s paternal brother (remember, yibbum is restricted to only paternal brothers). For instance, a man’s mother cannot marry his paternal brother, because she is the wife of the paternal brother’s father, and it is forbidden to marry your father’s wife. Likewise, it is forbidden to marry one’s father’s sister, one’s sister (from either parent), one’s father’s brother’s wife or one’s brother’s wife. This last case can occur when one brother marries a woman and divorces her or dies with children. This wife is now forbidden to all of her dead or divorced husband’s brothers. In all of these cases, if one of these women was married to another man and their husband died, their rival wives may marry one of the brothers. The rival wife of a woman forbidden due to kinship is forbidden only when the forbidden women became eligible for yibbum. These women were never eligible for yibbum to these brothers, therefore their rival wives are permitted. Furthermore, even if the brother tried to marry one of these women, and then died, the rival wives are eligible for yibbum, since the marriage of the brother to the forbidden woman was not valid.
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Bartenura on Mishnah Yevamot
אשת אביו אשת אחיו מאביו – [that he had children] and the sister of his father, all of them are forbidden to his brother, like they are forbidden to him, and there is not side of Levirate marriage on this forever, and if others married them and they have other wives, and they (i.e., the husbands) died, their rival/co-wives are permitted to marry this one, and similarly, if his brother married them in sin, and he died without children, their rival/co-wives are permitted.
