Commentary for Yevamot 215:19

נתן לה גט והחזירה מיאנה בו ונשאת לאחר ונתארמלה או נתגרשה מותרת לחזור לו מיאנה בו והחזירה נתן לה גט ונשאת לאחר ונתארמלה או נתגרשה אסורה לחזור לו

R. ELIEZER B. JACOB RULED: etc. What is to be understood by a HINDRANCE THAT WAS DUE TO THE HUSBAND and a HINDRANCE THAT WAS NOT DUE TO THE HUSBAND? — Rab Judah replied in the name of Samuel: If when she was asked to marry<span class="x" onmousemove="('comment',' While she was still living with her first husband. ');">⁴²</span> she replied, '[I must refuse the offer] owing to So-and-so my husband'; such a HINDRANCE is one THAT WAS DUE TO THE HUSBAND.<span class="x" onmousemove="('comment',' Since the minor has shewn by her declaration that it was her desire to continue to live with him. ');">⁴³</span> [If, however, she refused the offer] 'because', [she said] 'the men [who proposed] are not suitable for me'; such a HINDRANCE is one THAT WAS NOT DUE TO THE HUSBAND. Both Abaye b. Abin and R. Hanina b. Abin gave the following explanation: If he gave her a letter of divorce, the HINDRANCE IS one THAT WAS DUE TO THE HUSBAND<span class="x" onmousemove="('comment',' Since she did not exercise her right of refusal it is obvious that as far as she was concerned the union would never have been broken. ');">⁴⁴</span> and, therefore, he is forbidden to marry her relatives and she is forbidden to marry his relatives, and he also disqualifies her from marrying a priest.<span class="x" onmousemove="('comment',' Like any other divorced woman. ');">⁴⁵</span> If, however, she exercised her right of refusal against him, the HINDRANCE is one THAT WAS NOT DUE TO THE HUSBAND and, therefore, he is permitted to marry her relatives and she is permitted to marry his relatives, and he does not disqualify her from marrying a priest.<span class="x" onmousemove="('comment',' Since she is not regarded as his wife. ');">⁴⁶</span> But surely, this<span class="x" onmousemove="('comment',' Our Mishnah according to the explanation of Abaye and R. Hanina. ');">⁴⁷</span> was specifically stated below: If a minor made a declaration of refusal against a man, he is permitted to marry her relatives and she is permitted to marry his relatives, and he does not disqualify her from marrying a priest; but if he gave her a letter of divorce he is forbidden to marry her relatives and she is forbidden to marry his relatives, and he also disqualifies her from marrying a priest!<span class="x" onmousemove="('comment',' V. Mishnah intro. Why then should the same ruling be recorded twice? ');">⁴⁸</span> — The latter<span class="x" onmousemove="('comment',' The Mishnah cited. ');">⁴⁹</span> is merely an explanation [of the former].<span class="x" onmousemove="('comment',' R. Eliezer b. Jacob's ruling in our Mishnah. ');">⁵⁰</span> <b><i>MISHNAH</i></b>. IF A MINOR MADE A DECLARATION OF REFUSAL AGAINST A MAN, HE IS PERMITTED [TO MARRY] HER RELATIVES AND SHE IS PERMITTED TO [MARRY] HIS RELATIVES, AND HE DOES NOT DISQUALIFY HER FROM [MARRYING] A PRIEST;<span class="x" onmousemove="('comment',' Since she is not regarded as his wife. ');">⁵¹</span> BUT IF HE GAVE HER A LETTER OF DIVORCE, HE IS FORBIDDEN TO [MARRY] HER RELATIVES AND SHE IS FORBIDDEN TO [MARRY] HIS RELATIVES, AND HE ALSO DISQUALIFIES HER FROM [MARRYING] A PRIEST.<span class="x" onmousemove="('comment',' Like any other divorced woman. ');">⁵²</span> IF HE GAVE HER A LETTER OF DIVORCE AND REMARRIED HER AND, AFTER SHE HAD EXERCISED HER RIGHT OF REFUSAL AGAINST HIM, SHE WAS MARRIED TO ANOTHER MAN AND BECAME A WIDOW OR WAS DIVORCED, SHE IS PERMITTED TO RETURN TO HIM.<span class="x" onmousemove="('comment',' It is only a divorced woman that must not be remarried by her first husband after she had been married to another (v. Deut. XXIV, 2-4) but not a minor who left her husband by mi'un which even cancels her status of divorcee in which she may find herself after a previous separation from her husband. ');">⁵³</span> IF, HOWEVER, SHE EXERCISED HER RIGHT OF REFUSAL AGAINST HIM<span class="x" onmousemove="('comment',' Her first husband. ');">⁵⁴</span> AND HE REMARRIED HER, AND SUBSEQUENTLY GAVE HER A LETTER OF DIVORCE AND THEN SHE WAS MARRIED TO ANOTHER MAN AND BECAME A WIDOW OR WAS DIVORCED, SHE IS FORBIDDEN TO RETURN TO HIM.<span class="x" onmousemove="('comment',' Since her second separation from her first husband was by means of a letter of divorce, she retains the status of a divorcee. Cf. supra n. 6. ');">⁵⁵</span>

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