Whether Kiur Forbids Wife to Husband and Legitimacy of Child Born During Yavam's Lifetime

Description

Rabbi Akiva Eiger argues that davar mechuar (kiur) alone does not create an actual prohibition for the wife to remain with her husband, but only a mitzva to divorce her — a distinction supported by the Rambam, Rashba, Ran, and others. Regarding the child born under suspicious circumstances, he advances the mother's bari claim combined with sfek sfeika as grounds for legitimacy, but defers to the unnamed Gaon, stating he would only join in permitting the child if the Gaon himself rules to permit.