Commentary for Sanhedrin 105:21

מתיב רב אושעיא איסור מצוה ואיסור קדושה חולצות ולא מתייבמות

OR FROMNESU'IN.<span class="x" onmousemove="('comment',' Hence if unwittingly, he is bound to bring two sin-offerings. ');">¹⁸</span> HE WHO COMMITS INCEST WITHHIS DAUGHTER-IN-LAW INCURS A PENALTY IN RESPECT OF HER BOTH AS HISDAUGHTER-IN-LAW AND AS A MARRIED WOMAN. [HE IS GUILTY IN RESPECT OF THE FORMER]BOTH DURING HIS SON'S LIFETIME AND AFTER HIS DEATH, WHETHER SHE WAS WIDOWEDFROM ERUSIN OR FROM NESU'IN. <b><i>GEMARA</i></b>. It has been taught: R. Judah said: Ifhis mother was unfit for his father, he is guilty only in respect of hermaternal relationship to him. What is meant by unfit for him? Shall we say,forbidden to him on pain ofextermination<span class="x" onmousemove="('comment',' Divine punishment (Kareth) through sudden or premature death, opposed to capital punishment at the hand of man, v. Glos. ');">²⁰</span> or death inflictedby the <i>Beth din</i>? This would prove that theRabbis<span class="x" onmousemove="('comment',' Represented by the anonymous opinion in the Mishnah. ');">²¹</span> hold that even for such heincurs a twofold penalty. But how so, seeing that his father cannot be legallymarried to her at all?<span class="x" onmousemove="('comment',' Lit., 'he has no claim of kiddushin in her regard'. Kiddushin (marriage betrothal) is invalid when contracted between parties forbidden to each other under such severe penalties. Consequently, she is not his wife, and her son, in committing incest, does not transgress the interdict attaching to one's father's wife. ');">²²</span> — Henceit must refer to a woman who is forbidden to him in virtue of a negativeprecept,<span class="x" onmousemove="('comment',' Which carries with it the penalty of flogging, but not of death or extermination; e.g. a bastard or a nathin or a divorcee in respect of a priest. The Sages maintain that in such cases kiddushin, though forbidden, is valid if contracted. ');">²³</span> R. Judah agreeing withR. Akiba, who holds that <i>Kiddushin</i> is not valid between those who are interdictedto each other by a negative command. R. Oshaia objected: [We have learnt:] A woman who is forbidden [to her deceasedhusband's brother] by a positive precept, or on the score of sanctity, mustperform the <i>halizah</i> ceremony,<span class="x" onmousemove="('comment',' V. p. 331, n. 7. ');">²⁴</span> butmay not marry her brother-in-law.

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