MISHNAH: A man’s wife went overseas, they came and told him: your wife died, and he married her sister. If after that his wife returned, she is permitted to return to him. He is permitted [to marry] the relatives of the second, the second is permitted his relatives1. If the first [sister] died, the second one is permitted to him2.
They said to him, your wife died, and he married her sister; if afterwards they said to him that she was still alive but died later, the first child is a bastard, the last is not a bastard3.
If they said to him “your wife died,” and he married her paternal sister4, “she died5” and he married her maternal sister6, “she died” and he married her paternal sister, “she died” and he married her maternal sister, but it turned out that all were alive, the first, third, and fifth are permitted to him and they would release their co-wives7; the second and fourth are prohibited to him8 and intercourse of any one of these does not release the co-wife.
If he has intercourse with the second one after the death of the first, the second and fourth are permitted to him and they would release their co-wives; the third and fifth are prohibited to him and intercourse of any one of these does not release the co-wife9.
They said to him, your wife died, and he married her sister; if afterwards they said to him that she was still alive but died later, the first child is a bastard, the last is not a bastard3.
If they said to him “your wife died,” and he married her paternal sister4, “she died5” and he married her maternal sister6, “she died” and he married her paternal sister, “she died” and he married her maternal sister, but it turned out that all were alive, the first, third, and fifth are permitted to him and they would release their co-wives7; the second and fourth are prohibited to him8 and intercourse of any one of these does not release the co-wife.
If he has intercourse with the second one after the death of the first, the second and fourth are permitted to him and they would release their co-wives; the third and fifth are prohibited to him and intercourse of any one of these does not release the co-wife9.
1. Since the marriage to the sister is incestuous (Lev. 18:18) it is non-existent and the restrictions detailed in Mishnah 4:8 do not apply.
2. Following the principles of Mishnah 1, she should be prohibited to her brother-in-law.
3. Any child conceived by the sister during the first wife’s lifetime is a bastard as result of an incestuous union.
4. She is a paternal half-sister.
5. This also is known only by the testimony of a single witness.
6. She is a maternal half-sister of the second wife and unrelated to the first. In this way, the fifth wife is unrelated to the first and third wives.
7. Since they are all legal cowives, if the husband died childless, the levirate or ḥalîṣah of one of them releases all others.
8. The marriage of the second is invalid since it is an incestuous relationship with the sister of the first wife; similarly, the fourth is forbidden because of the third. Since the second and fourth wives are not married to the husband, they do not become widows and their actions with respect to the levirs can have no influence on the status of the legally married ones.
9. Since both he and his second wife thought that she was actually married to him, if he sleeps with her after the first wife’s death it is with the idea that they are married; therefore, they are married and the situation becomes identical to that of the preceding Mishnah only with even and odd numbers changing places.