Thursday, August 02, 2007

yevamos 92 and 87b - mamzer d'robonon

tosfos in the beginning of the perek holds that EVEN if she returns to the 1st husband AFTER she got a divorce from the 2nd husband still he child from the 1st husband will be a mamzer m'drobonon. The rambam argues (גירושין 10:7).
Also tosfos holds that if she stays by the 2nd husband even after she got a divorce from the 1st husband still her child will be a mamzer m'drobonon, this too the rambam and rashi argue on, as rashi says in the mishna that the child from the 2nd husband is mamzer m'doraysa and doesn't mention any mamzer d'robonon from the 2nd husband.
(in the mishna in 92a the case is if she had 2 children from the 2nd husband, 1 before the husband died and the 2nd after, we say the 1st is a mamzer (d'oraysa) and the 2nd child is not a mamzer, and it sounds as if even m'drobonon. this is similar to staying with the 2nd husband after a get from the 1st. but it's not exactly, also we will see later in the gemara that our mishna is talking with 2 witnesses.)

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