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Text Excerpt
מן האב — יקיים. אחות האם מן האם — יוציא, מן האב — רבי מאיר אומר: יוציא, וחכמים אומרים: יקיים. שהיה רבי מאיר אומר: כל ערוה שהיא משום שאר האם — יוציא, משום האב — יקיים.
If she is his father’s paternal half sister, he may maintain her as his wife. If she is his mother’s maternal half sister, he must divorce her. If she is his mother’s paternal half sister, R' Meir says he must divorce her, and the Rabbis say he may maintain her. This is as R' Meir would say: Any relative forbidden due to kinship with the mother, whether the woman is his paternal relative, e.g., his father’s maternal half sister, or his maternal relative, he must divorce her. However, if she is forbidden due to the father, he may maintain her.
ומותר באשת אחיו מאמו, ובאשת אחי אביו. ושאר כל העריות מותרות לו. לאיתויי אשת האב.
And he is permitted to marry his maternal brother’s wife and his father’s brother’s wife, and all other forbidden relatives are also permitted to him. The expression: And all other relatives are also permitted to him, is added to include the father’s wife.
נשא אשה ובתה — כונס אחת ומוציא אחת. לכתחלה לא יכנוס. מתה אשתו — מותר בחמותו. ואיכא דתני: אסור בחמותו.
With regard to one who married a woman and her daughter and they converted, he may remarry one but must divorce the other one. He should not marry her ab initio. If his wife, the daughter, died, he is permitted to maintain his mother-in-law as his wife. And some teach that he is prohibited from maintaining his mother-in-law.
קתני מיהת: מותר באשת אחיו, מאי לאו, דנסבה אחיו כשהוא גר? לא, דנסבה כשהוא גוי. מאי למימרא? מהו דתימא: ליגזור כשהוא גוי אטו כשהוא גר, קא משמע לן.
In any event, this baraita teaches that he is permitted to marry his brother’s wife. The Talmud asks: What, is it not referring to a case where his brother married her when he was already a convert? The Talmud answers: No, it is referring to a case where he married her while he was a non-Jew. The Talmud asks: If so, what is the purpose of stating this obvious halakha? The Talmud answers: Lest you say that the rabbis should decree that the marriage is prohibited if the brother married her while he was a non-Jew, due to the prohibition against their marriage if the brother married her when he was already a convert. The baraita therefore teaches us that there is no such decree.