Mishnayos Yevamos Perek 10 Mishnah 1

With regard to a woman whose husband went overseas, and witnesses came and they said to her: Your husband is dead, and she married another man on the basis of this testimony, and afterward her husband came back from out of the country, she must leave both this man and that one, as they are both forbidden to her. And she requires a bill of divorce from this one and that one. And furthermore, she has a claim to neither payment of her marriage contract, nor the profits of her property used by either of them, nor sustenance, nor the worn clothes she brought to the marriage. She has rights to these claims neither against this man nor against that one, i.e., she cannot collect these payments from either her first or second husband. And if she took any of these items from this man or from that one, she must return them to him. And the offspring is a mamzer from this one and from that one. Her child from the second husband is a definite mamzer, as she was never divorced from her first husband, and the Sages decreed that if she returned to her first husband, a child born later from him is also a mamzer. And neither this man nor that man may become impure for her upon her death, if they are priests. And neither this one nor that one is entitled to the rights that stem from the marriage bond: Neither to her found articles, nor to her earnings, nor to the nullification of her vows. If she was a regular Israelite woman, she is disqualified from marrying into the priesthood, as her intercourse with the second husband is considered an act of illicit sexual relations, and the daughter of a Levite is disqualified from partaking of the first tithe, and the daughter of a priest is disqualified from partaking of teruma. And neither the heirs of this man nor the heirs of that one inherit her marriage contract, as she is not considered married to either of them. This clause will be explained in the Gemara. And if they both died childless, the brothers of this one and the brothers of this one must perform ḥalitza and they do not enter into levirate marriage. Rabbi Yosei disagrees with the first tanna and says that she does receive payment of her marriage contract, and the obligation of her marriage contract is upon the property of her first husband. Rabbi Elazar says: The first husband is entitled to her found articles, to her earnings, and to the nullification of her vows. Since her second marriage was an error, the first husband does not forfeit his rights. Rabbi Shimon says an even more far-reaching ruling: Her sexual relations or her ḥalitza with the brothers of the first husband exempts her rival wife, as it is considered a proper levirate marriage or ḥalitza, and certainly she does not require ḥalitza from the brother of the second husband. And if she returns to her first husband, the child from him is not a mamzer. All these halakhot refer to a situation when she married with the permission of the court, after hearing that her husband had died. But if she married without the consent of the court, basing herself entirely on the testimony she heard, and her husband returned, it is permitted for her to return to her first husband. The mishna adds another difference between these two scenarios: If she married by permission of the court, she must leave both of them and she is exempt from bringing the offering, i.e., the sin-offering for her unwitting adultery, as she had the authorization of the court and is therefore considered to have acted under duress.

הָאִשָּׁה שֶׁהָלַךְ בַּעְלָהּ לִמְדִינַת הַיָּם, וּבָאוּ וְאָמְרוּ לָהּ, מֵת בַּעְלֵךְ, וְנִסֵּת, וְאַחַר כָּךְ בָּא בַעְלָהּ, תֵּצֵא מִזֶּה וּמִזֶּה, וּצְרִיכָה גֵט מִזֶּה וּמִזֶּה. וְאֵין לָהּ כְּתֻבָּה וְלֹא פֵרוֹת וְלֹא מְזוֹנוֹת וְלֹא בְלָאוֹת, לֹא עַל זֶה וְלֹא עַל זֶה. אִם נָטְלָה מִזֶּה וּמִזֶּה, תַּחֲזִיר. וְהַוָּלָד מַמְזֵר מִזֶּה וּמִזֶּה. וְלֹא זֶה וָזֶה מִטַּמְּאִין לָהּ, וְלֹא זֶה וָזֶה זַכָּאִין לֹא בִמְצִיאָתָהּ וְלֹא בְמַעֲשֵׂה יָדֶיהָ, וְלֹא בַהֲפָרַת נְדָרֶיהָ. הָיְתָה בַת יִשְׂרָאֵל, נִפְסְלָה מִן הַכְּהֻנָּה, וּבַת לֵוִי מִן הַמַּעֲשֵׂר, וּבַת כֹּהֵן מִן הַתְּרוּמָה. וְאֵין יוֹרְשִׁים שֶׁל זֶה וְיוֹרְשִׁים שֶׁל זֶה יוֹרְשִׁים אֶת כְּתֻבָּתָהּ. וְאִם מֵתוּ, אָחִיו שֶׁל זֶה וְאָחִיו שֶׁל זֶה חוֹלְצִין וְלֹא מְיַבְּמִין. רַבִּי יוֹסֵי אוֹמֵר, כְּתֻבָּתָהּ עַל נִכְסֵי בַעְלָהּ הָרִאשׁוֹן. רַבִּי אֶלְעָזָר אוֹמֵר, הָרִאשׁוֹן זַכַּאי בִּמְצִיאָתָהּ וּבְמַעֲשֵׂה יָדֶיהָ, וּבַהֲפָרַת נְדָרֶיהָ. וְרַבִּי שִׁמְעוֹן אוֹמֵר, בִּיאָתָהּ אוֹ חֲלִיצָתָהּ מֵאָחִיו שֶׁל רִאשׁוֹן פּוֹטֶרֶת צָרָתָהּ, וְאֵין הַוָּלָד מִמֶּנּוּ מַמְזֵר. וְאִם נִסֵּת שֶׁלֹּא בִרְשׁוּת, מֻתֶּרֶת לַחֲזֹר לוֹ: