Mishnayos Yevamos Perek 10 Mishnah 4
ืืืืืช ืคืจืง ืืณ ืืฉื ื ืืณ
4
In the case of one whose wife went overseas and people came and told him: Your wife is dead, and he married her sister, and afterward his wife came back from overseas, the original wife is permitted to return to him, as his erroneous marriage to her sister is considered licentious sexual relations, and one who has intercourse with his wifeโs relatives has not rendered his first wife forbidden to himself. And he is permitted to the relatives of the second woman, e.g., her daughter, and this second woman is permitted to his relatives, e.g., his son, as the marriage was entirely invalid. And if the first woman died he is permitted to the second woman, despite the fact that he has already engaged in forbidden relations with her. If they said to him that his wife is dead, and he married her sister, and afterward they said to him that she was alive when he married the sister and only later died, in this case the first child, born to the sister while his wife was still alive, is a mamzer, as he was born from the union of a man and his sister-in-law, and the last one is not a mamzer. Rabbi Yosei says: Whoever disqualifies others also disqualifies himself, and whoever does not disqualify others does not disqualify himself either. Rabbi Yoseiโs obscure statement will be explained by the Gemara.
ืึดื ืฉืึถืึธืึฐืึธื ืึดืฉืึฐืชึผืึน ืึดืึฐืึดืื ึทืช ืึทืึผึธื, ืึผืึธืืึผ ืึฐืึธืึฐืจืึผ ืืึน, ืึตืชึธื ืึดืฉืึฐืชึผึฐืึธ, ืึฐื ึธืฉืึธื ืึถืช ืึฒืืึนืชึธืึผ, ืึฐืึทืึทืจ ืึผึธืึฐ ืึผึธืืช ืึดืฉืึฐืชึผืึน, ืึปืชึผึถืจึถืช ืึทืึฒืึนืจ ืืึน. ืืึผื ืึปืชึผึธืจ ืึผึดืงึฐืจืึนืืึนืช ืฉืึฐื ึดืึผึธื, ืึผืฉืึฐื ึดืึผึธื ืึปืชึผึถืจึถืช ืึผึดืงึฐืจืึนืึธืื. ืึฐืึดื ืึตืชึธื ืจึดืืฉืืึนื ึธื, ืึปืชึผึธืจ ืึผึทืฉึผืึฐื ึดืึผึธื. ืึธืึฐืจืึผ ืืึน, ืึตืชึธื ืึดืฉืึฐืชึผึฐืึธ, ืึฐื ึธืฉืึธื ืึถืช ืึฒืืึนืชึธืึผ, ืึฐืึทืึทืจ ืึผึธืึฐ ืึธืึฐืจืึผ ืืึน, ืงึทืึผึถืึถืช ืึธืึฐืชึธื, ืึผืึตืชึธื, ืึทืึผึธืึธื ืจึดืืฉืืึนื ืึทืึฐืึตืจ, ืึฐืึธืึทืึฒืจืึนื ืึตืื ืึน ืึทืึฐืึตืจ. ืจึทืึผึดื ืืึนืกึตื ืืึนืึตืจ, ืึผึธื ืฉืึถืคึผืึนืกึตื ืขึทื ืึฐืึตื ืึฒืึตืจึดืื, ืคึผืึนืกึตื ืขึทื ืึฐืึตื ืขึทืฆึฐืืึน. ืึฐืึธื ืฉืึถืึตืื ืคึผืึนืกึตื ืขึทื ืึฐืึตื ืึฒืึตืจึดืื, ืึตืื ืึน ืคืึนืกึตื ืขึทื ืึฐืึตื ืขึทืฆึฐืืึน:
ืืณ
ืืจืื ืืจื
ืืืชืจืช ืืืืืจ ืื โ 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): โin 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],โ her carnal relations forbid her, but the carnal relations of her sister do not forbid her.
ืืืืชืจ ืืงืจืืืืช ืืฉื ืื โ to marry her (i.e. second wifeโs) daughter for ewe hold that one marries the outraged or seduced woman.
ืจืื ืืืกื ืืืืจ ืื ืฉืคืืกื ืข"ื ืืืจืื ืคืืกื ืข"ื ืขืฆืื โ 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 (wifeโs sisterโs husband) who is the husband of his wifeโs sister abroad nor whether his betrothed and his brother-in-law went and they came and said to him: โyour wife died and your brother-in-law died,โ 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 donโt 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 doesnโt invalidate her for himself. And his wife is permitted to him for she is not the sister of his divorced wife.
ืืืชืจืช ืืืืืจ ืื. ืืงืืืฉื ืฉื ืื ืืื ื ืืืื ืืืื ืืช ืื ืขืืื. ืืืืจืื ื ืืืืจื ืืฉืื ืืืฉ ืืืชื (ืืืืืจ ื), ืฉืืืืชื ืืืกืจืชื ืืืื ืฉืืืืช ืืืืชื ืืืกืจืชื:
ืืืืชืจ ืืงืจืืืืช ืืฉื ืื. ืืืฉื ืืชื, ืืงืืืดื ื ืืฉืืื ืขื ืืื ืืกื ืืขื ืืืคืืชื:
ืจืื ืืืกื ืืืืจ ืื ืฉืคืืกื ืขืดื ืืืจืื ืคืืกื ืขืดื ืขืฆืื. ืจืณ ืืืกื ืฉืืขืื ืืชื ื ืงืื ืืงืืืจ ืื ืฉื ื ืืืืื ืืฉืชื ืืืืกื ืฉืืื ืืขื ืืืืช ืืฉืชื ืืืืื ืช ืืื ืืื ืฉื ื ืืืืื ืืจืืกืชื ืืืืกื, ืืืื ืืืืจื ืื ืืชื ืืฉืชื ืืืช ืืืกื ืื ืฉื ืืช ืืืืชื ืืืืดื ืืื ืืฉืชื ืืืืกื, ืืฉืช ืืืกื ืืกืืจื ืขื ืืืกื, ืืืฉืชื ืืืชืจืช ืื. ืืืดื ืจืณ ืืืกื ืืจืืกืชื ืืืืกื ืืืืื ืืืืืจ ืชื ืื ืืื ืืงืืืฉืื ืืืื ืื ืกืื ืืืืืชื ืฉืคืืจ ืงื ืกืื ืืืขืื ืื ืืื ืื ืืื ืืืืจื ืืฉืช ืืืฉ ืืืฆืืช ืืื ืื, ืืคืกืื ืื ืขืดื ืืืจืื ืืืืื ื ืืืกื, ืืืืื ืื ืคืงื ืืื ืื ืืืืื ืืคืกืื ืื ืืืขืื, ืคืืกื ื ืื ืขืดื ืขืฆืื ืืืชืกืจื ืืื ืืชืชืื ืขืืื ืืืืื ืืืืช ืืจืืฉืชื, ืืื ืืืื ืืืืื ืืฉืชื ืืืืกื ืืืืื ืช ืืื ืืงื ื ืกืื ืื ืืืืืชื ืืืืื ืืืืืจ ืชื ืื ืืื ืืื ืื ืฉืืืื ืืฉืคืืจ ืงื ืกืื ืื ืืืื ืืืืืื ืืืืืจ ืืืืจืืกืื, ืืื ืืขืื ืื ืืื ืื ืืื ืงืคืกืื ืขืดื ืืืจืื ืืื ืื ืคืกืื ืืฉืช ืืืกื ืืืืกื, ืืื ื ืคืืกื ืขืดื ืขืฆืื, ืืฉืจืื ืืื ืืืชืชืื ืฉืืจื ืืื ื ืืืืช ืืจืืฉืชื: