Jeśli ktoś ma brata z jakiegokolwiek źródła (nawet mamzera), „wiąże” żonę swojego brata z yibum i jest jego bratem we wszystkich celach [aby go odziedziczyć i uczynić się dla niego nieczystym (po jego śmierci)] —z wyjątkiem tego, kto ma brata od niewolnicy lub niewiasty, [jej dziecko powraca do niej, jest napisane o niewolnicy (Wj 21: 4): „Niewiasta i jej dzieci będą należeć do jej pana, „a w odniesieniu do kobiety pogańskiej (Księga Powtórzonego Prawa 7: 4):„ Odwróci bowiem ode mnie twego syna ”. Nie jest napisane: „Bo się odwróci, itd.” wskazuje na znaczenie (tamże. 3): „Twoja córka nie dawaj jego synowi”, gdyż mąż twojej córki odwróci ode Mnie twojego syna, którego urodzi twoja córka. Ale nie odnosi się do „Jego córki, której nie weźmiesz za syna”, gdyż syna urodzonego z pogańskiej kobiety nie nazywa się twoim synem, ale jej synem.] Jeśli ktoś ma syna z jakiegokolwiek źródła, on (ten syn ) zwalnia żonę swojego ojca od yibum, jest odpowiedzialny za uderzanie go i przeklinanie, a on jest jego synem pod każdym względem— z wyjątkiem tego, który ma syna z niewolnicy lub z poganki.
Bartenura on Mishnah Yevamot
אח מכל מקום – even a Mamzer/illegitimate child (see Talmud Yevamot 22a)
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English Explanation of Mishnah Yevamot
Introduction
A wife of a deceased husband is liable for yibbum only if her husband had a brother and no sons. Our mishnah defines what types of brothers cause the woman to be obligated for yibbum and what types of sons exempt them.
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Bartenura on Mishnah Yevamot
אחיו לכל דבר – to inherit him and to become defiled to him.
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English Explanation of Mishnah Yevamot
If one has any kind of brother, [that brother] requires his brother’s wife to have yibbum, and he is his brother in every respect, except for a brother born from a female slave or a non-Jewish woman. If one has any kind of son, [that son] exempts his father’s wife from yibbum, and he is liable for striking or cursing [his father], and he is his son in every respect, except for the son of a female slave or a non-Jewish woman. Any kind of brother, even a mamzer, requires the brother’s wife to have yibbum or halitzah. This brother is his brother in every respect. For instance, if his brother is a mamzer, his brother is still eligible to inherit from him. If one brother is a priest and his brother is a mamzer, for instance his father was a priest and had an adulterous affair with a married woman and they had a child, the priest is still allowed to become impure to help bury his mamzer brother. [Priests can only become impure for their seven immediate relatives.] The only exception to this rule is his brother from a slave or non-Jew. Since the child of a slave or a non-Jewish woman is not considered to be related to his father, for the child is not Jewish, the child is not considered to be related to his paternal father.
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Bartenura on Mishnah Yevamot
שפחה נכרית – her offspring we got after her, as it is written regarding the maidservant (Exodus 21:4): “[If his master gave him a wife, and she has borne him children,] the wife and her children shall belong to the master, [and he shall leave alone],” but regarding a heathen woman, it is written (Deuteronomy 7:4): “For they (literally, “he) will turn your children away from Me [to worship other gods],” since it is not written, “for you will turn [your children] away,” we learn from it - this is what he said (Deuteronomy 7:4): “Do not give your daughters to their sons” – for the husband of your daughter will turn aside the son that your daughter will give birth to him away from Me. But regarding “or take their daughters for your sons” (Deuteronomy 7:3), we are not zealous in religious observance, for a child that comes from the heathen woman is not called your son, but rather, her son.
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English Explanation of Mishnah Yevamot
This section basically teaches the same law with regard to a son. Any son exempts a wife from yibbum or halitzah, even a mamzer son. For instance, if a man had an adulterous affair and a child was born, and then the man subsequently married another woman and died without any more children, his wife is exempt from yibbum, because he already has a child. This child is considered his in all legal matters. For instance if he strikes or curses his father he is liable for the death penalty (see Exodus 21:15, 17). He inherits his father, and if his father is a priest his father may become impure in order to bury him. Again, the only exception is the son of a female slave or non-Jew, who is not considered to be related to his father.
