(Mishnah): A woman's husband went overseas; they (really, one witness) told her that he died. If she remarried (Nisu'in) and her husband returned, [the following fines apply]:

She may not remain with either man; she needs a Get from both men; she does not receive from either man a Kesuvah, nor Peiros (of her property), nor food, nor Bala'os (compensation for depreciation, or remnants) of her property. If she took, she must return them;

If she has a child from either man, he is a Mamzer. [If she died], neither husband becomes Tamei for her [through engaging in her burial]. Neither receives her Metzi'os (Hefker objects that she finds) or earnings. Neither may annul her vows;

If she is a Bas Yisrael, she is disqualified from Kehunah. If she is a Bas Levi, she is disqualified from Ma'aser. If she is a Bas Kohen, she is disqualified from Terumah;

The heirs of either husband do not inherit her Kesuvah. If the husbands die, the brothers do Chalitzah but not Yibum.

(Gemara) Question: Just like you say there (above, Mishnah 3:10), we separate them [from their husbands] for three months, lest they are pregnant, and if they were minors, who are not proper to give birth, we return them immediately, also here [we should say so]!

Answer: Here is different, for others made them err.

Question: Here did others not deceive them?!

Answer: This is a fine against her, so she will check well [that her husband really died before she remarries.

Question: We should fine her (forbid her) to the second [husband], and not to the first (he is blameless)!

Answer (R. Yochanan): This is due to the scent of Ervah (she looks like an Eshes Ish who was Mezanah b'Mezid. If she returns to her husband, people will think that Zenus does not forbid to her husband.)

Question: If so, she should not need a Get [from the second]!

Answer #1: This is different [than Zenus], for she married him in [what looked like] a permitted way. (People know that there was testimony that her husband died; they assume that it was true. We do not want them to think that she leaves her second husband without a Get.)

Answer #2 (Shmuel): I (i.e. people who know that her husband is alive and see her remarry) say that perhaps her husband sent to her a Get from overseas.

Question (R. Chagai, to R. Ze'ira - Mishnah 3): If witnesses told her that her husband died, and she became Mekudeshes, and later, her husband returned, she may return to him.

If you will say that perhaps her husband sent to her a Get from overseas, she should be forbidden to return to him!

Answer: [The Mishnah] is like R. Yosi ben Kiper, for R. Yosi ben Kiper says that [if a divorcee remarried and was widowed or divorced from the latter husband, if this was] from Eirusin (to the latter), she is permitted [to return to her first husband.

Question: Does R. Yosi ben Kiper not agree that if the latter gave a Get to her, he disqualified her from Kehunah? That Mishnah teaches that even if the latter gave a Get to her, she is permitted to Kehunah!

Answer #3 (Rabanan of Kisarin citing R. Heila): She needs a Get [from the second] in order to clarify her Isur to the first (it is as if he divorced her, she remarried, and was divorced again; she is forbidden to the first due to Machzir Gerushaso. This is only when she had Nisu'in with the second.)

Question: Until now [we discuss] one who knew that she is an Eshes Ish. If she did not know that she is an Eshes Ish - what is the case? It is a minor whose father married her off [and her husband left her] and she matured and married herself off (what is the law? Does she need a Get?)

Answer (R. Ila): We learn from what was taught there (in Bavel). All Arayos who married do not need a Get, except for Eshes Ish [who remarried according to a ruling of Beis Din];

R. Akiva says, even Achos Ishto and Eshes Achiv

There (Eshes Achiv), is there any difference between a woman who knows and one who does not know?! (Surely they are the same. The Yavam decides whether or not to do Yibum! Also) here (Eshes Ish) there is no difference between a woman who knows and one who does not know. (OHR SOMAYACH, Hilchos Gerushin 10:8)

Note: If a Yevamah does not immerse from Nidah, the Yavam may not do Yibum. However, if Beis Din authorized Yibum, and she refused to immerse, she would get the law of Moredes, and lose her Kesuvah [and get a bad reputation; it would be hard for her to remarry afterwards] and lose the ability to eat Taharos.