משנה: הַכֹּל שָׁוִין שֶׁאֵינוֹ מַתְנֶה עִמָּהּ קוֹדֶם לְשֶׁנִּתְאָֽרָסָה וְלֹא מִשֶּׁנִּתְגָּֽרְשָׁה. נִסְתְּרָה לְאַחַר וְנִיטְמֵאת וְאַחַר כָּךְ הֶחֱזִירָהּ לֹא הָיָה מַתְנֶה עִמָּהּ. זֶה הַכְּלָל. כָּל־שֶׁתִּיבָּעֵל וְלֹא הָֽיְתָה אֲסוּרָה לוֹ לֹא הָיָה מַתְנֶה עִמָּהּ. MISHNAH: Everybody agrees that he may not stipulate with her about before she was preliminarily married or about after she was divorced202He cannot ask her to swear that she did not have any intercourse while not being married to him.. If she was secluded after that203After the divorce. Deuteronomy.24.2-4">Deut. 24:2–4 prohibits the first husband from remarrying his divorcee if she had married another man after her divorce (Deuteronomy.24.2">Deut. 24:2: “She went and became another’s [wife]”.) Remarrying a wife who was promiscuous after divorce but not otherwise married is not forbidden., became impure204Unmarried intercourse is punishable as harlotry according to some authorities (Yevamot 6:5:4" href="/Jerusalem_Talmud_Yevamot.6.5.4">Yebamot 6:5, Note 107; Yevamot.61b">Babli Yebamot 61b; Sifra Emor Pereq 1)., and after that he took her back, he cannot stipulate with her. This is the rule: He cannot stipulate about any intercourse she could have had and would not be forbidden to him181Sotah 2:6:1" href="/Jerusalem_Talmud_Sotah.2.6.1">Mishnah 7. R. Abba bar Mamal is correct in the tradition of R. Eleazar. For him, only R. Aqiba could let the levir include a question about the time between the first husband’s death and his marriage..
הלכה: הַכֹּל שָׁוִין שֶׁאֵין מַתְנֶה עִמָּהּ קוֹדֶם שֶׁנִּתְאָֽרָסָה וְלֹא מִשֶּׁנִּתְגָּֽרְשָׁה כול׳. אָמַר רִבִּי יַנַּאי. פְּשִׁיטָא שֶׁאָדָם מוֹחֵל עַל קִיּנּוּיוֹ. גֵּירַשׁ כְּמִי שֶׁמָּחַל. הֵיךְ עֲבִידָא. קִינֵּא לָהּ וְנִתְגָּֽרְשָׁה וְהֶחֱזִירָהּ וְנִסְתְּרָה. אִין תֵּימַר. גֵּירַשׁ כְּמִי שֶׁמָּחַל. צָרִיךְ לְקַנּוֹת לָהּ פַּעַם שְׁנִייָה. אִין תֵּימַר. גֵּירַשׁ כְּמִי שֶׁלֹּא מָחַל. אֵין צָרִיךְ לְקַנּוֹת לָהּ פַּעַם שְׁנִייָה. אֲבָל אִם קִינֵּא לָהּ וְנִסְתְּרָה וְיָדַע בָּהּ. וְגֵירְשָׁהּ וְהֶחֱזִירָהּ וְנִסְתְּרָה. שָׁתָת וְלֹא בָֽדְקוּ אוֹתָהּ הַמַּיִם טְהוֹרָה הִיא. אִי מֵאַחַר שֶׁאֵין הַמַּיִם בּוֹדְקִין אֶת הָאִשָּׁה שֶׁהִיא אֲסוּרָה לְבֵיתָהּ טְמֵיאָה הִיא. HALAKHAH: “Everybody agrees that he may not stipulate with her about before she was preliminarily married or about after she was divorced,” etc. Rebbi Yannai said, it is obvious that a man may forgive about his jealousy205In the Sotah.25a">Babli, 25a, this husband may annul his declaration of jealousy only if the wife did not meet her paramour at a secluded place. In the Sanhedrin 8:6:2-12" href="/Jerusalem_Talmud_Sanhedrin.8.6.2-12">Yerushalmi, Sanhedrin 8:6 (fol. 26b, line 33), he may retract his declaration any time before the scroll is erased. In the paragraph here, the argument is as in the Babli.. If he divorced her it is as if he had forgiven. How is that? If he had declared his jealousy, divorced her, took her back, and then she was at a secluded place. If you say, if he divorced her it is as if he had forgiven, he has to declare his jealousy a second time. But if you say, if he divorced her it is as if he had not forgiven, he does not have to declare his jealousy a second time. But if he had declared his jealousy, she was at a secluded place and he knew it206From that moment on, she is forbidden to him. If he divorces her instead of taking her to the Temple, there is a question whether the divorce annuls the prohibition or not. If the divorce annuls the prohibition, he may take her back and the water will check her out in the future. If the divorce does not annul the prohibition, it is sinful for him to take her back without having her checked out and therefore the entire procedure is invalid since the water acts only if the husband himself is totally free from any sexual misbehavior (Numbers.5.31">Num. 5:31)., then he divorced her, took her back, and then she was at a secluded place, if she drank and the water did nothing to her, she is pure. Or maybe that since the water does not check out a woman forbidden to her husband, she might be impure.