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{
"language": "en",
"title": "Mishnah Gittin",
"versionSource": "http://www.sacred-texts.com/jud/etm/index.htm",
"versionTitle": "Eighteen Treatises from the Mishnah",
"status": "locked",
"license": "Public Domain",
"versionTitleInHebrew": "שמונה עשרה מסכתות משנה",
"shortVersionTitle": "David Aaron Sola and Morris Jacob Raphall, 1845",
"actualLanguage": "en",
"languageFamilyName": "english",
"isBaseText": false,
"isSource": false,
"direction": "ltr",
"heTitle": "משנה גיטין",
"categories": [
"Mishnah",
"Seder Nashim"
],
"text": [
[
"One who brings a bill of divorce from overseas must say, \"[This document] was written and signed in my presence.\" Rabban Gamliel says, \"[This statement must be made] even [when it was brought] from Rekem and Cheger.\" Rabbi Elazar says, \"Even from Kefar Luddim to Lydda.\" And the Sages say, \"Only one who brings the bill of divorce from overseas or one who brings it there must say, 'It was written and signed in my presence.'\" And one who brings [a bill of divorce] from one province to another, in an overseas land must say, 'It was written and signed in my presence.'\" Rabban Shimon ben Gamliel says, \"Even from [one] district to [another] district.\"",
"Rabbi Yehudah says, \"From Rekem to the East and Rekem is like the East; from Ashkelon to the South and Ashkelon is like the South; from Acco to the North and Acco is like the North.\" Rabbi Meir says, \"Acco is like Eretz Yisrael with regard to bills of divorce.\"",
"[With regard to] one who brings a bill of divorce within Eretz Yisrael, he need not say, \"It was written and signed in my presence.\" If there are any objectors [to its validity], [its validity] must be upheld by [confirming the signatures of] its signatories. [With regard to] one who brings a bill of divorce from overseas, and is not able to say, \"It was written and signed in my presence,\" [its validity] must be upheld by [confirming the signatures of] its signatories.",
"Both bills of divorce of women and deeds of manumission for slaves, are alike with regard to one who brings them from, or brings them to [a distant land]. And this is one of the ways in which [the laws of] bills of divorce and deeds of manumission are alike.",
"Any document that bears [the signature of] a Samaritan witness, is invalid, except for bills of divorce and deeds of manumission. It once happened that they brought a bill of divorce to Rabban Gamaliel in Kefar Otnai, and its [signed] witnesses were Samaritans, and he declared it valid. Any document brought to secular courts, even if their signatories are non-Jews, are valid, except for bills of divorce and deeds of manumission. Rabbi Shimon says, \"Even these are valid; [the exceptions] were mentioned only when they were prepared unofficially [i.e., outside of the official court system].",
"[With regard to] one who says, \"Give this bill of divorce to my wife, or this deed of manumission to my slave,\" if he wants to take both of them back, he may take them back. These are the words of Rabbi Meir. And the Sages say, \"[That this is only allowable] with [regard to] bills of divorce for women, but not with deeds of manumission, because it we may confer an advantage upon a person in his absence, but we may not confer upon him any disadvantage, except in his presence; for, if a person wants not to feed his slave, he may do so, but not to feed his wife, he may not.\" [Rabbi Meir] said to them: \"Does he not disqualify his slave from [eating] <i>terumah</i> [a portion of a crop given to a Kohen which becomes holy upon separation, and can only be consumed by Kohanim or their household] just as he disqualifies his wife?\" [The Sages] said to him, \"It is because the slave is his acquisition.\" [With regard to] one who says, \"Give this bill of divorce to my wife, and this deed of manumission to my slave,\" and he dies [before it was delivered], they may not be delivered [to the parties mentioned] after [his] death. [If he said], \"Give a maneh [a specific unit of money] to So and so,\" and he dies, they give [the money even] after [his] death. "
],
[],
[
"Every bill of divorce which is not written for a particular woman is invalid. How so? If one was passing through the market and he heard the voice of the scribes saying, \"So-and-so divorces So-and-so from Such-and-such a place,\" and he said [to himself], \"That is my name and that is the name of my wife,\" it is invalid to divorce [his wife] with that [bill of divorce]. Moreover, if one wrote [a bill of divorce] with which to divorce his wife, and he changed his mind, and a fellow townsman found him and said to him, \"My name is the same as your name and my wife's name is the same as your wife's name,\" the bill of divorce is invalid [for the latter] to divorce [his wife] with it. Moreover, if one had two wives,and their names are the same, if he wrote a bill of divorce to divorce the elder, he may not use it to divorce the younger. Moreover, if one says to a scribe, \"Write a bill of divorce, so that I may divorce whichever one I desire,\" it is invalid to divorce with it. ",
"[With regard to] one who writes blank forms of bills of divorce must leave space [for the insertion of the name of] the husband and space [for the name of] the wife, and space for the date. In blank forms of loan contracts one must leave space for [the insertion of] the lender's [name], space for the borrower's [name], space for the [amount] of money, and space for the date. In forms of deeds of sale, one must leave space for [the insertion of the name of] the buyer and space for the seller, and space for the purchase money, space for [the description of] the field [sold], and space for the date. [This is all] due to the [special] enactment. Rabbi Yehudah disqualifies all [blank forms]. Rabbi Elazar considers them all valid, with the exception of a bill of divorce, because it is stated (Deuteronomy 24:1), \"He shall write unto her [a bill of divorce],\" [indicating] for her in particular.",
"[With regard to] one who brings a bill of divorce and it becomes lost, if he found it immediately, it is valid; but if not, it is invalid. If he found it in a bag [for documents] or in a case, if he recognizes it, it is valid. [With regard to] one who brings a bill of divorce and left [the husband when he was] elderly or ill, he may deliver it to her on the presumption that he is still alive. [With regard to] a daughter of an Israelite who was married to a Kohen and her husband went overseas, she may eat <i>terumah</i> [a portion of a crop given to a Kohen which becomes holy upon separation, and can only be consumed by Kohanim or their household] on the presumption that her husband is alive. [With regard to] one who sends his sin-offering from overseas [to the Temple], they may offer it, on the presumption that he is alive.",
"There were three things that Rabbi Elazar ben Partah said before the Sages, and they confirmed his words: With regard to a city that was besieged by soldiers, and with regard to a ship that was caught in [turbulent] seas, and with regard to one who is taken out to be tried [for a capital crime]; [in each case] they are presumed to be alive. However, with regard to a city that had been captured by soldiers, or a ship that was lost at sea and one who was taken out to be killed, we place upon him the stringencies of those who are alive and the stringencies of those who are dead; [neither the] a daughter of an Israelite who married a Kohen nor a daughter of a Kohen who married an Israelite may eat <i>terumah</i>. ",
"[With regard to] one who brought a bill of divorce within Eretz Yisrael, and he fell ill, he may send it in the hands of another [messenger]; however, if the husband had said, \"Bring me [back] from her a certain item,\" he may not send it with another, because [it is clear that] it is not [the husband's] will that his item will be in another's hands. ",
"[With regard to] one who brings a bill of divorce from overseas and he fell ill, the court appoints [another messenger] and sends him. [The first messenger] must say in their presence, \"Before me it was written and before me it was signed.\" However, the second messenger does not have to say, \"Before me it was written and before me it was signed;\" rather, he says, \"I am the agent of the court.\" ",
"[With regard to] one who lends money to a Kohen, or to a Levite, or to a poor person, on condition that he may separate their portion[ coming to them as <i>terumah</i>, or tithe] from it, he may separate their portion in the presumption that they are alive and he need not suspect that the Kohen or the Levite died or that the poor man became rich. If they died [before the debt was paid] he must obtain the consent of their heirs [to make this deduction], but if he lent the money in the presence of the court this is unnecessary.",
"[With regard to] one who put fruit aside to separate from them <i>terumah</i> and tithe [due from other fruit], or money to redeem the second tithe [of his fruit], he may separate in the presumption that [the fruit or money set aside] still exists. If they were lost, he must always be concerned [retroactively from the discovery of the loss] for twenty four hours. These are the words of Rabbi Elezar ben Shamua. Rabbi Yehudah says, \"They must check the wine [for spoilage] at three periods [of the year]: when the eastern winds begin to blow after the Feast of Tabernacles, when the fruit of the grape vine has set, and when the unripe grapes begin to be juicy.\""
],
[],
[
"[Compensation for] damages are assessed from the highest [quality field]; and for a creditor, from the medium [quality field]; and for the payment of a <i>ketubah</i> [monetary settlement payable to a married woman upon divorce or the death of her husband], from the lowest [quality field]. Rabbi Meir says, \"Even the <i>ketubah</i> [is to be paid] from the medium [quality field.]\"",
"We do not collect[ payment] from mortgaged property [in the hands of others], when there is unmortgaged property [i.e, belonging to the debtor], even if it is from the lowest quality. We do not collect from the property of orphans except for from the lowest quality.",
"We do not extract [payment] for usufruct, for the improvement of the land, or for the food of a wife and daughters [of a former marriage] from mortgaged property, due to All this was ordered for the maintenance of social order, and an oath is not to be imposed on a finder for the same reason.",
"When the estate of orphans is administered by the father of a family, or that the father of the orphans had nominated a person as guardian to them, these persons so acting are bound to tithe the fruit belonging to the orphans. A guardian nominated by the father of the orphans, must swear to his due administration of the estate; but one appointed by the tribunal is not bound to do so. But Abbah Saul says, \"It is just the reverse.\" When a person had caused fruit belonging to another to become [legally] unclean, or mixes them with heave, or his wine with other wine used for idolatrous libations; if he did it inadvertently, he is absolved from paying for the damage he has caused; but if he did it wilfully, he is liable. Priests who wilfully render sacrifices <i>pigul</i>[a sacrifice that becomes unfit, due to the intention of the officiating priest, while offering it, to consume it outside its permitted time], are bound to make good the damage [to the owner].",
"Rabbi Yochanan ben Gudgodah testified, \"That it is lawful to divorce by a bill of divorce a deaf and dumb woman, who had been given in marriage by her father; and that an Israelite [orphan] girl, who in her minority had been married to a priest, may eat heave; also, that if she dies first, her husband becomes her heir; also, that the owner of a stolen beam which was used in a large ornamental building, can only claim its present value, to facilitate the repentance of transgressors; also, that a stolen sin-offering, the theft of which was not generally known, does expiate, which was thus ordered for the benefit of the altar.\"",
"The right of Sicaricon did not prevail in Judea during the war, but it did afterwards; as for instance: When an Israelite bought a field from a Sicaricon [forcible intruder], and afterwards from the rightful owner, the bargain is void; but it is effective if he bought it first of the rightful owner, and then of the Sicaricon. When a person bought a field from a husband, and then of his wife, the bargain is void; but if he bought it first of the wife, and subsequently from the husband, it is effective. Such was the first decision. But a subsequent tribunal decided, that a person who bought a field from a Sicaricon must pay a fourth part of the price paid for the purchase to the rightful owner of the field. This is when it is not in the power of the latter to repurchase his field; but when that is the case, the rightful owners are to be preferred to any one. Ribi constituted a Beth Din, which decided that a field which had remained for a twelvemonth in the power of a forcible intruder [Sicaricon] may be sold to any one, but the purchaser must pay a fourth part to the former rightful owner.",
"A deaf and dumb person may enter into engagements by contract, by means of mutual signs [between the contracting parties]. Ben Beterah saith, \"Where the contract affects moveable property only, the mutual motion of the lips suffices.\" When children have arrived at the age of discernment, their purchase or sale of moveable property stands good.",
"The following ordinances were made for the sake of promoting of peace: That a Kohen should read first in the Holy Law, then a Levite, and an Israelite afterwards, for the sake of peace; the Erub must be placed in the same house in a court where it had always been put, for the sake of peace; the well nearest to the water-course must be filled first, for the sake of peace. Taking out of nets or traps belonging to other people, [any animal, bird, or fish] therein caught, was made constructive felony, in order to preserve peace. Rabbi Yose says, \"It is a real felony.\" What a deaf and dumb or foolish person or minor finds [is his own], and the taking it from him was made a constructive felony, for the preservation of peace. Rabbi Yose says, \"It is a real felony.\" It was also ordained, in the case of a poor person beating down olives from the top of a tree, that the fruit so dropped is his property, and whoever takes it from him will be considered guilty of a constructive felony. Rabbi Yose says, \"It is a real felony.\" Non-Israelite poor must not be prevented to glean in the fields of Israelites, from gathering the forgotten. [corn ears], and from the produce of the corner of the field [reserved for the poor], for the sake of peace.",
"One woman may lend to another who is suspected [not to observe properly the laws] of the Sabbatical year, a flour-sieve, a winnow, a handmill, and a stove, but she may not assist her to winnow or to grind. The wife of a <i>chaver</i> [one learned in, and observant of, the law] may lend to the wife of an unlearned person, a flour-sieve or a winnow, and may aid her to winnow, to grind, or to sift; but as soon as water is poured over the flour, she may not further assist her, for those who transgress the law are not to be aided in their transgressions. All the mentioned permissions have been granted for the sake of peace only. A heathen [who works in the fields] during the Sabbatical year may be comforted, but not an Israelite; and the former may be greeted at any time, for the sake of promoting concord."
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"[With regard to] one who is seized with delirium and says, \"Write a bill of divorce for my wife,\" he has said nothing [of significance]. If he said, \"Write a bill of divorce for my wife,\" and then was seized with delirium, and then said, \"Do not write it,\" his last words are meaningless. [With regard to] one who became mute, and they said to him, \"Shall we write a bill of divorce for your wife?\" And he nodded his head, we check him three times; if he answers [questions to which the correct answer is] no, \"No,\" and [questions to which the correct answer is] yes, \"Yes,\" they may write a bill of divorce and give it [to his wife].",
"If they said to [one], \"Shall we write a bill of divorce for your wife?\" and he answered, \"Write it;\" and they ordered a scribe, who wrote it, and the witnesses, who signed it, although they wrote it, signed it, and delivered it to him, and he gave it to her, the bill of divorce is nullified, until he tells the scribe [himself], \"Write,\" and the witnesses, \"Sign.\" ",
"[If a husband says to his wife,] \"This is your bill of divorce in case I die,\" [or,] \"This is your bill of divorce if I die of this illness,\" [or,] \"This is your bill of divorce after [my] death,\" he has said nothing[ of significance]. [If he said, \"This is your bill of divorce] from today if I die,\" [or] \"From today if I die,\" [or] \"From now if I die,\" it is a [valid] bill of divorce. [If he said,] \"From today and after [my] death\" it is a [valid] bill of divorce [in some respects] and it is not a [valid] bill of divorce [in others]: If he dies [his widow] must perform the ceremony of <i>Chalitzah</i> [the ceremony performed to release a widow of a childless man from the obligation of levirate marriage to her brother-in-law], but she may not be married through levirate marriage. [If he said,] \"This is your bill of divorce from today if I die of this illness,\" and he rose [from his sick bed] and went out into the market, and became ill again and died. If he died as a result of the first illness, it is a [valid] bill of divorce; if not, it is not a [valid] bill of divorce.",
"[After receiving such a bill of divorce], she may be alone with him only in the presence of witnesses, even be it a slave or a maidservant, except for her own maidservant, as she is overly comfortable in her [presence]. What is her [status] during that time? Rabbi Yehudah says, \"Like a married woman in every respect.\" Rabbi Yossi says, \"As one who is divorced, yet not divorced [i.e., one whose divorce is subject to doubt].\"",
"[If he says,] \"Here is your bill of divorce, on condition that you give me two hundred <i>zuz</i> [a specific unit of money],\" she is divorced, and she must give [the money]. \"On condition that you give me [a certain sum] within thirty days,\" if she gave it to him within thirty days, she is divorced; if not, she is not divorced. Rabban Shimon ben Gamliel said, \"There was an incident in Sidon with one who said to his wife, 'Here is your bill of divorce on condition that you give me my suit,' and she lost his suit. The Sages said, \"She may pay him the monetary [value of the suit].\"",
"[If one says,] \"Here is your bill of divorce , on condition that you wait on my father,\" or \"nurse my child,\" how long must she nurse it? Two years. Rabbi Yehudah says, \"Eighteen months.\" If [during that period] the child or the father should die, it is a [valid] bill of divorce. \"Here is your bill of divorce on condition that you wait on my father for two years,\" or \"on condition that you nurse my child for two years,\" and either the child or the father dies, or if the father says, without anger, \"I do not want her to serve me,\" it is not a [valid] bill of divorce. Rabban Shimon ben Gamliel says, This is a [valid] bill of divorce. Rabban Shimon ben Gamliel stated a principle: \"[With regard to] every impediment which does come from her, it is a [valid] bill of divorce.\"",
"[If one says,] \"Here is your bill of divorce if I do not return within thirty days,\" and he was traveling from Judea to the Galilee, if he reached Antipatris and returned, his condition is void. [If he said,] \"Here is your bill of divorce if I do not return within thirty days,\" and he was traveling from the Galilee to Judea, if he reached the village Otenai and returned, his condition is void. [If he said,] \"Here is your bill of divorce if I do not return within thirty days,\" and he was traveling overseas, if he reached Acco and returned, his condition is void. [If he said,] \"Here is your bill of divorce if at any time I should stay away from you for thirty days,\" [even] if he frequently went and returned [during that period,] it is a [valid] bill of divorce since he was never in seclusion with her.",
"[If one says,] \"Here is your bill of divorce if I do not return within twelve months from now,\" and he died within the twelve months, it is not a [valid] bill of divorce. [If he said,] \"This is you bill of divorce from the present moment, if I do not return within twelve months from now\" and he died within the twelve months, it is a [valid] bill of divorce.",
"[If one said,] \"If I do not return within twelve months from now, write and deliver a bill of divorce to my wife,\" if they wrote it within the twelve months, but did not deliver it until after that time, it is not a [valid] bill of divorce. [If he said,] \"Write and deliver a bill of divorce to my wife if I do not return within twelve months from now;\" if they wrote it within the twelve months, and delivered it after the twelve months [were up], it is not a [valid] bill of divorce. Rabbi Yossi says, \"In this case it is a [valid] bill of divorce.\" If they wroteit after the twelve months and delivered it after the twelve months, and he died; if the [delivery of the] bill of divorce preceded the death, it is a [valid] bill of divorce, but if the death preceeded the [delivery of] bill of divorce, it is not a [valid] bill of divorce. If it is not known [which came first] she is [considered as] one who is divorced, yet not divorced [i.e., one whose divorce is subject to doubt]"
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"[With regard to] a husband who throws a bill of divorce to his wife and she is in her own house, or in her courtyard, she is divorced. If he threw it to her within his house or within his courtyard, even if it is with her in bed, she is not divorced. [If he threw it] in her lap or her basket, she is divorced.",
"If he said to her, \"Take this promissory note,\" or she finds [a document] behind him, and she reads it behold it is her bill of divorce, it is not a [valid] bill of divorce, until he expressly says, \"Here is your bill of divorce.\" If he put it into her hands while she is asleep, and when she awakes she reads it, and behold it is her bill of divorce, it is not a [valid] bill of divorce until he expressly says, \"Here is your bill of divorce.\" If she was standing in the public domain and he threw it to her. [If it fell] closer to her, she is divorced; closer to him, she is not divorced. Halfway [between the two], she is divorced [in some respects] and not divorced [in others], i.e., her divorce is a matter of doubt.",
"The same is true of betrothal, and the same is true of a debt. If one's creditor said to him, \"Throw me [the payment of] the debt due to me,\" and he threw it to him: [if it fell] closer to the lender, the borrower is exempt; closer to the borrower, the borrower is [still] liable; halfway [between the two], they split it. If [a wife] was standing on the roof, and [her husband] threw [a bill of divorce] to her, once it reaches the airspace of the roof, she is divorced. If he is above and she is below and he threw [the bill of divorce down] to her, once it leaves the [airspace] of the roof she is divorced. [At that point,] were it to be erased or burned, she is [still] divorced.",
"Beit Shammai say, \"One may release his wife with an old bill of divorce.\" Beit Hillel prohibit this. What is an old bill of divorce? Whenever he is in seclusion with her after he wrote it for her.",
"If one wrote a bill of divorce [dating it] according to an illegitimate regime, according to the Median Empire, according to the Greek Empire, according to building of the Temple, or since the destruction of the Temple; or, if one was in the East and wrote \"in the West, or in the West and wrote \"in the East,\" then [the woman who was divorced with such a document and remarried based on it] must separate from both [husbands] and she requires a bill of divorce from both, and she has no claim on either for the amount of her <i>ketubah</i> [monetary settlement payable to a married woman upon divorce or the death of her husband], for her right of usufruct, for food, and for wear and tear of clothes belonging to her. If she took [any of these] from either one, she must return it. Her child by either husband is a <i>mamzer</i> [the offspring of an adulterous or incestuous relationship who is prohibited from marrying much of the Jewish population]; neither of [the husbands] may, [if they are priests,] become ritually impure to her [when she dies], and neither has rights to that which she finds nor to her earnings, nor to annul her vows. If she is the daughter of an Israelite, she is disqualified from marrying a priest; if the daughter of a Levite, [she is disqualified] from eating tithe; and if a Kohen's daughter, [she is disqualified]from eating <i>terumah</i> [a portion of a crop given to a Kohen which becomes holy upon separation, and can only be consumed by Kohanim or their household]. The heirs of neither [husband] have a right to her <i>ketubah</i>. And if they die, the brothers of both must perform <i>chalitzah</i> [the ceremony performed to release a widow of a childless man from the obligation of levirate marriage] and may not perform levirate marriage. If he changed his name or her name, or the name of his city or the name of her city [on the bill of divorce], she must [in case she remarried upon such a bill of divorce ]separate from both [husbands], and she is subject to all the above-mentioned regulations.",
"[With regard to] all women with whom one is prohibited to engage in sexual relations, their co-wives are permitted. If these co-wives married and the [original woman] was found to be sterile, they must separate from both [husbands] and are subject to all of the above regulations.",
"[With regard to] one who marries a woman through levirate marriage, and her co-wife married another [man] and the first woman was found to be an <i>aiylonit</i> [a woman with arrested sexual development who cannot bear children], [the co-wife] must separate from both [men] and is subject to all the mentioned regulations.",
"If a scribe wrote a bill of divorce for the man and a receipt for the woman [acknowledging the receipt of the amount of her <i>ketubah</i>], and he made a mistake and gave the bill of divorce to the woman, and the receipt to the man, and they exchanged them; and later, behold the bill of divorce is produced by the man and the receipt by the woman [so that it becomes clear that a mistake was made], she must separate from both [her new husband and her original one], and is subject to all the above regulations. Rabbi Eliezer says, \"If the error is discovered in time [i.e. before she remarried], it is not a [valid] bill of divorce, but if [it is discovered] after a while, it is a [valid] bill of divorce. Because it is not in the rights [of the first husband] to destroy the claim the second husband.\" If one wrote [a bill of divorce] to divorce his wife, and changed his mind, Beit Shammai says, \"He has disqualified her from the Kehuna [priesthood].\" Beit Hillel say, \"Even if he gave it to her on condition and the condition was not met, he has not disqualified her from the Kehuna.\"",
"[With regard to] one who divorced his wife and spent the night with her at an inn, Beit Shammai say, \"She does not require a second bill of divorce from him.\" Beit Hillel say, \"She requires a second bill of divorce from him.\" [This difference of opinion is only] when she became divorced from marriage; but if she was divorced from betrothal, they agree that she does not require a second bill of divorce from him, because he has not yet been intimate with her. If one married a woman based on [her having received] a \"bald\" bill of divorce, she must separate from both [husbands], and is subject to all the above regulations.",
"[With regard to] a \"bald\" bill of divorce, everyone may complete it; these are the words of Ben Nannas. Rabbi Akiva says, \"Only relatives who are suitable to testify in other matters may complete it.\" What is a \"bald\" bill of divorce? One which has more folds than signatories."
],
[
"[With regard to] One who divorces his wife and says to her, \"You are permitted to marry anyone, except for So-and-so,\" Rabbi Eliezer permits, but the Sages prohibit it. How must he act? He must take it from her, and give it back to her, and he must say to her, \"You are permitted to anyone.\" But if he wrote [the exception] in [the bill of divorce], even if went back and erased it, it is invalid.",
"[If the husband said,] \"You are permitted to anyone, except to my father or to your father, to my brother or to your brother, to a slave or to a non-Jew,\" or to any other person with whom betrothal is invalid, it is valid. [If he said,] \"You are permitted to anyone, except as a widow to a <i>Kohen Gadol</i> [high priest], or as a divorced woman or one released by <i>Chalitzah</i> [the ceremony performed to release a widow of a childless man from the obligation of levirate marriage] to an ordinary Kohen, as a <i>mamzeret</i> [the female offspring of an adulterous or incestuous relationship who is prohibited from marrying much of the Jewish population] or Gibeonite to an Israelite, or as a female Israelite to a <i>mamzer</i> or Gibeonite,\" or to anyone with whom the betrothal is valid, despite being prohibited, it is invalid.",
"The [essential] body of the bill of divorce is: \"You are permitted to [marry] anyone.\" Rabbi Yehudah says, \"And this that will be yours from me a scroll of divorce and a letter of separation and a document of release, so that you may marry any man that you wish.\" The [essential] body of a document for the release of a slave is, \"You are a free woman, you are on your own.\"",
"There are three bills of divorce that are invalid, yet, if she remarried the child is legitimate: If he wrote [the bill of divorce] in his own hand and there are no witnesses [signed] on it; if there are [signed] witnesses but there is no date; if there is a date, but only one witness [signed] on it. These are three cases when the bill of divorce is invalid, but if she remarried, the child is legitimate. Rabbi Elazar says, \"Even if there are no witnesses [signed] on it, if he gave it to her in front of witnesses it is valid. And she may collect [debts] from mortgaged property [using this document] since witnesses [need] sign on a bill of divorce only due to <i>Tikkun HaOlam</i>.",
"If two [men] sent two equivalent bills of divorce and they got mixed up, [each one] gives both [bills of divorce] to each [woman]; therefore, if one of them gets lost, the second one is nullified. If five men wrote a general statement [in a single bill of divorce], So-and-so divorces So-and so, and So-and-so divorces So-and-so, and the witnesses are [signed] at the bottom, they are all valid, and it must be delivered to each one. If the form is written [separately] for each one and the witnesses are [signed] on the bottom, whichever [bill of divorce] has [the names of the] witnesses read with it is is valid.",
"[With regard to] two bills of divorce that one wrote side by side , and two witnesses sign in Hebrew under the one, and continuing under the other and two witnesses sign in Greek under the one and continuing under the other, whichever has the first witnesses read along with it is valid. If one witness signed in Hebrew and one witness in Greek [and another] one witness signed in Hebrew and one witness in Greek under one continuing under the other, they are both invalid.",
"If he left out part of the [bill of divorce] and he wrote it on a second page, and the witnesses are [signed] underneath, it is valid. If the witnesses signed it at the beginning of the page, on the side, or on the back, it is invalid. If one bill of divorce was written head-to head with another and the witnesses [were signed] in the middle, both are invalid. If they were foot-to-foot [i.e., the ends met in the middle], and the witnesses [were signed] in the middle, the one that the witnesses are read with it is valid. If the top of one was where the end of the other is, and the witnesses [were signed] in the middle, the one for which the witnesses are read at the end is valid.",
"[With regard to] a bill of divorce that was written in Hebrew and its witnesses [signed] in Greek, or was written in Greek and its witnesses [signed] in Hebrew, or one witness in Hebrew and one witness in Greek, or the scribe [also signed it with] one witness, it is valid. [If the witness signed] \"So-and-so, a witness\" it is valid. I[If he signed] \"So-and-so, son of So-and-so, but he did not write, \"a witness,\" it is valid. And thus was it customary for the pure, pious ones of Jerusalem to do. If he wrote his nickname or her nickname, it is valid. A bill of divorce given under compulsion, if [forced by]Jewish [court], it is valid; if by non-Jews, it is invalid. Among the non-Jewish [court] they may beat him and say, \"Do what the Jewish [court] is telling you,\" and that is valid.",
"If her name is [the subject of rumor] that goes round the town, saying, \"She is betrothed,\" she is [considered to be] betrothed; \"She is divorced,\" she is [considered to be] divorced. This is as long as there is no reasonable explanation [to dispute the rumor]. What is a reasonable explanation? [For example,] So-and-so divorced his wife on condition, or he threw her [the money of] betrothal and it was unclear whether it [landed] closer to her or closer to him, these are reasonable explanations.",
"Beit Shammai say, \"No man shall divorce his wife, unless he found in her unchaste behaviour, as it is stated [Deuteronomy 24:1], 'Because he found in her '<i>ervat davar</i>' [unchaste behavior].'\" Beit Hillel say, \"Even if she spoiled his food, because it is said, <i>ervat davar</i>\". Rabbi Akivah says, \"Even if he found another [woman] prettier than her, as it is stated [ibid.] 'If it happen that she does not find favor in his eyes.'\""
]
],
"sectionNames": [
"Chapter",
"Mishnah"
]
} |