משנה: הַמַּחֲזִיר אֶת גְּרוּשָׁתוֹ וְהַנּוֹשֵׂא אֶת חֲלוּצָתוֹ וְהַנּוֹשֵׂא אֶת קְרוֹבַת חֲלוּצָתוֹ יוֹצִיא וְהַװְלָד מַמְזֵר דִבְרֵי רִבִּי עֲקִיבָא. וַחֲכָמִים אוֹמְרִים אֵין הַװְלָד מַמְזֵר. וּמוֹדִים בְּנוֹשֵׂא אֶת קְרוֹבַת גְּרוּשָׁתוֹ שֶׁהַװְלָד מַמְזֵר. MISHNAH: He who takes back his divorcee199After she had married another man, Deut. 24:4. This is a simple prohibition., or marries the woman with whom he performed ḥalîṣah200Since she was a candidate for levirate, the incest prohibition of a sister-in-law does not apply. She is only forbidden because of the implication of Deut. 25:9 that he is a man “who will not build his brother’s house.” This excludes any belated levirate with a woman with whom he performed ḥalîṣah as a simple prohibition., or marries a relative of the woman with whom he performed ḥalîṣah201She is only forbidden by rabbinic decree according to most authorities., has to divorce her202This is accepted universally. and any child is a bastard, the words of Rebbi Aqiba203R. Aqiba holds that any child of a prohibited union is a bastard, irrespective of the severity of the prohibition, and that the prohibition of the relatives of a woman with whom he performed ḥalîṣah is biblical.. But the Sages say, it is not a bastard. But they agree that the child of one who marries a relative of his divorcee204All relatives of a wife that are forbidden are also forbidden of an ex-wife. is a bastard.
הלכה: הַמַּחֲזִיר אֶת גְּרוּשָׁתוֹ כול׳. רִבִּי חִייָה בְשֵׁם רִבִּי יוֹחָנָן. הַמַּחֲזִיר אֶת גְּרוּשָׁתוֹ מִשֶּׁנִּישֵּׂאת פְּסָלָהּ מִן הַכְּהוּנָּה. בְּלֹא כָךְ אֵינָהּ פְּסוּלָה מִן הַכְּהוּנָּה. אֶלָּא פְּסוּלָה מִלּוֹכַל בִּתְרוּמָה. רִבִי זְעִירָה רִבִּי חִייָה בְשֵׁם רִבִּי יוֹחָנָן. הַמַּחֲזִיר גְּרוּשָׁתוֹ מִשֶּׁנִּישֵּׂאת בִּתָּהּ כְּשֵׁירָה לִכְהוּנָּה. וּמַאי טַעֲמָא. כִּי תוֹעֵבָה הִיא. הִיא תוֹעֵבָה הִיא וְאֵין הַװְלָד תּוֹעֵבָה. HALAKHAH: “He who takes back his divorcee,” etc. Rebbi Ḥiyya in the name of Rebbi Joḥanan: He who takes back his divorcee after she had remarried makes her blemished for the priesthood. Without that, is she not blemished for the priesthood205Any divorcee is barred from marrying a Cohen.? But, she is blemished in that she cannot eat heave206A childless daughter of a Cohen married to an Israel can return to her parent’s house and partake of their sacred food if she is not in any way desecrated.. Rebbi Ze‘ira, Rebbi Ḥiyya in the name of Rebbi Joḥanan: The daughet of a man who takes back his divorcee after she had remarried is acceptable for the priesthood. What is the reason? “She is an abomination207Deut. 24:4. The parallel to this paragraph is in Babli 11b, where the first statement of R. Ḥiyya is quoted as tannaitic and a disagreement is noted whether qiddushin or marriage with another man triggers the prohibition.”. She is an abomination, the child is not an abomination.