database_export
/
json
/Mishnah
/Rishonim on Mishnah
/Bartenura
/Seder Nashim
/Bartenura on Mishnah Gittin
/English
/Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020.json
{ | |
"language": "en", | |
"title": "Bartenura on Mishnah Gittin", | |
"versionSource": "http://sefaria.org/", | |
"versionTitle": "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020", | |
"license": "CC-BY", | |
"versionNotes": "", | |
"shortVersionTitle": "Rabbi Robert Alpert, 2020", | |
"actualLanguage": "en", | |
"languageFamilyName": "english", | |
"isBaseText": false, | |
"isSource": false, | |
"direction": "ltr", | |
"heTitle": "ברטנורא על משנה גיטין", | |
"categories": [ | |
"Mishnah", | |
"Rishonim on Mishnah", | |
"Bartenura", | |
"Seder Nashim" | |
], | |
"text": [ | |
[ | |
[ | |
"המביא גט ממדינת הים – All [areas] that are outside of the land of Israel are called, “countries aboard.”", | |
"צריך לומר בפני נכתב ובפני נחתם – There are those who give the [following] reason, because there aren’t Torah scholars found in countries abroad, and they don’t know that one must write the Jewish bill of divorce for [the express purpose of] the [specific] woman. Therefore, the agent states, “it was written in my presence and it was signed in my presence.” And of itself, we ask him [the agent] if it [the Jewish bill of divorce] was written for her sake [alone], and he answers in the affirmative; [on the other hand,] there are those who say that the reason [that he must say that the Jewish bill of divorce was written in his presence and signed in his presence], because caravans [bearing numbers of people] are not found [traveling] from there to here, for if the husband would coביןme and raise a complaint [contesting the legality of the action] saying: “I did not write it,” witnesses would be found to recognize the signatures of those who witnessed [the writing of the Jewish bill of divorce]. But the Rabbis believed the agent as if he were two [witnesses], and furthermore, the complaint of the husband would have no effect.", | |
"בין קדש ובין ברד – (As is written in Genesis 16:14): “[Therefore the well was called Beer-lahai-roi;] it is between Kadesh and Bered.” And the Aramaic (Onkelos) translation of this is: \"מן הרקם ומן החגר\" .", | |
"אפילו מכפר לודים – which is considered outside of the land of Israel.", | |
"ללוד – which is near it and it is from the land of Israel.", | |
"מהגמוניא להגמוניא – there were in one town two jurisdictions jealous of each other (Gittin 4a)." | |
], | |
[ | |
"מרקם למזרח – from Rekem until the end of the world to its east is called outside the land of Israel. But Rekem itself is judged as being in the eastern part of the world and not in the land of Israel." | |
], | |
[ | |
"ואם יש עליו עוררים – that the husband complains that it [the Jewish bill of divorce] is forged.", | |
"יתקיים בחותמיו – if the witnesses will testify on their own signatures, or other witnesses who recognize their signatures [of the original witnesses], it is valid. And in our times, a person who brings a Jewish bill of divorce whether from the land of Israel or from outside the land of Israel must give it to her [the wife] in the presence of two [witnesses] and must say: ”It was written my presence and signed in my presence.” And if the signatures of the witnesses are recognized in the location where the Jewish bill of divorce is delivered and the Jewish bill of divorce is validated through its signatories, there is no need to say: “it was written in my presence and signed in my presence.”", | |
"ואינו יכול לומר – [it was written in my presence and signed in my presence] for example, that it [the Jewish bill of divorce] was given to her when he was lucid but he was not able to say: “it was written in my presence and signed in my presence” until he became a deaf-mute." | |
], | |
[ | |
"שוין למוליך ומביא – to state “it was written in my presence and signed in my presence.”" | |
], | |
[ | |
"חוץ מגיטי נשים – that if there was upon it [a Jewish bill of divorce] one witnesses who is a Cuthean/a member of the sect of the Samaritans (on occasion, this word is used in place of גוי/non-Jew; עכו\"ם /idol worshiper or מין/sectarian as a result of censorship), it is valid, if both of the them are Cutheans, the first teacher of the Mishnah disqualifies them for Jewish bills of divorce, but Rabban Gamaliel relates a story where he validated [it], even where both of them [the witnesses] were Cutheans. But nowadays, they [the Rabbis] decreed [against] the Cutheans as they were [to be considered] as non-Jews in all matters, making no distinction between other documents and Jewish bills of divorce, for even if one witness was a Cuthean, it [the document] is invalid.", | |
"בערכאות של גוים – that the witnesses would offer their testimony before the sitting judge in the place where their matters of justice take place. But this is where they knew that judge and of those witnesses who do not accept bribes. And this specifically [refers to] loan documents and documents of sale where the witnesses saw funds exchanged. But documents of admission and Jewish bills of divorce, and any thing which is a legal matter in their [i.e., Roman] gentile offices, everything is invalid.", | |
"רבי שמעון אומר כשרים – they were not mentioned in the Jewish academy (Bet Midrash) to be invalidated.", | |
"אלא בזמן שנעשו בהדיוט – through non-Jewish commoners who are not judges, but the Halakha does not follow like [the opinion of] Rabbi Shimon." | |
], | |
[ | |
"רצה לחזור בשניהן – before it [the Jewish bill of divorce or the bill of manumission] reaches the hand of the woman and/or the slave.", | |
"יחזור – But the agent cannot provide their needs for their benefit since it [the document] is something to their detriment and they lose their food/support.", | |
"וחכמים אומרים: בגיטי נשים – He (i.e., the husband) can retract (his Jewish bill of divorce), ", | |
"אבל לא בשחרורי עבדים – but he cannot retract in his bill of manumission of slaves. And the Halakha is according to the Sages.", | |
"שאם ירצה שלא לזון את עבדו רשאי – Therefore, when he (i.e., the owner) frees him (i.e., his slave), he does not cause him to lose his support/food, but he is not permitted to feed his wife; therefore, if he divorces her, she causes her to lose her support/food.", | |
"מפני שהוא קנינו – That is to say, since he {i.e., the slave] eats the heave-offering/Terumah when the slave is the servant of a Kohen/Priest, it is only because he is the purchase-property of the Kohen/Priest, since regarding the cattle of Kohen/Priest which can eat the veches of Terumah/heave-offering, but it is not a a perfect comparison. Therefore, when he frees him (i.e. the slave), even though he causes him to lose the ability to eat Terumah/heave-offering, it is not an obligation for the slave [to do so].", | |
"לא יתנו לאחר מיתה – The Get/Jewish bill of divorce does not take effect until it reaches her hand, and if it reaches her hand, he has died, and there is no Jewish bill of divorce after death. And similarly, the document of manumission, when it reaches his (i.e. the slave’s) hand if he died, his ownership over him is broken.", | |
"יתנו לאחר מיתה – even though he (i.e., the now deceased owner) did not say, “this Maneh”/weight equivalent to fifty silver shekels, since the words of someone who is on his death bed are regarded as if they are written and transmitted." | |
] | |
], | |
[ | |
[ | |
"המביא – נחתם חציו – one of the witnesses signed in my presence.", | |
"נכתב חציו וכו' פסול – and specifically the final half. But [if the agent said}: “in my presence, the first-half was written, which is the [the section containing the] name of the man and [the name of] the woman and the time (i.e. date), it is valid. And [regarding] the first half as well, it is not necessary for him [the agent] to see the writing itself, but if he heard the sound of the reed/writing pen alone passing over the paper at the time of the writing [of the Jewish bill of divorce], nothing further is necessary.", | |
"אחד אומר בפני נכתב ואחד אומר בפני נחתם פסול – at the time when the Jewish bill of divorce leaves from under the hand of one of them (i.e., the agents), and since the Rabbis required for the agent who brings the Jewish bill of divorce to say both [things] (i.e. that the Get was written in my presence and that the Get was signed in my presence), but if the Jewish bill of divorce leaves the hands of both of them (i.e., the agents), it is considered valid. For two [individuals] who brought a Jewish bill of divorce, they do not need to say, “in our presence it was written and in our presence it was signed.”", | |
"שנים אומרים בפנינו נכתב ואחד אומר בפני נחתם פסול – At the time when the Jewish bill of divorce leaves under the hand of one of them, but if it leaves the hand of both of them, it is valid.", | |
"ור' יהודה מכשיר – And even if the Jewish bill of divorce leaves the hand of one of them, and the Halakha is not according to Rabbi Yehuda." | |
], | |
[ | |
"בלילה ונחתם ביום כשר – since the daytime goes after the [previous] night, and this is not in advance/early.", | |
"ביום ונחתם בלילה פסול – since it is early. And the Sages instituted the time in Jewish bills of divorce, decreed, less a person would be married with his sister’s daughter (niece}, and she will commit an offense against him, and he has compassion upon her that she not be strangled to death, and he gives her a Jewish bill of divorce without the time included, and when they testify against her in the Jewish court, she takes out her Jewish bill of divorce and states that she was a divorcee and was a free (literally, “open”) woman at that time.", | |
"ור\"ש מכשיר – (a Jewish bill of divorce written in the daytime and signed at night), for Rabbi Shimon thinks (i.e., “holds”) that the Sages established [putting] the time in the Jewish bill of divorce because of the usufruct [involved], for if the time would not be [stated] in the Jewish bill of divorce, the husband would sell the usufruct (the wife’s estate of which the husband has fruition without responsibility for loss or deterioration – while married] of his wife after the divorce, and when she would claim against him in court, he would claim that he sold it prior to the divorce. And Rabbi Shimon validates this when it [the Jewish bill of divorce] was written during the day time and signed at night, even though it is in advance. For he holds that from the time that he desired to divorce her even though he had not [yet] divorced her, from then on, the husband does not have [access to] the usufruct, but the Halakha is not according to Rabbi Shimon." | |
], | |
[ | |
"בדיו – “Almidar” in Arabic", | |
"סיקרא – Red color", | |
"קומוס – resin/sap of the tree", | |
"קנקנתום – Vidriolov in foreign tongue", | |
"על העלה של זית – detached", | |
"ונותן לה את הפרה – as he is not able to cut it after it is written, as it is written (Deuteronomy 24:3); “[then this latter man rejects her,] writes her a bill of divorcement, hands it to her [and sends her away from his house;…” which is not requiring other than writing and giving [the Jewish bill of divorce], excluding the situation which is requiring the writing [of the Jewish bill of divorce], cutting it [from where it was written] and giving it [to the woman].", | |
"רבי יוסי הגלילי אומר וכו' – Since the All-Merciful (i.e., the Torah) refers to a Jewish bill of a divorce as a ספר/bill [of divorcement] (Deuteronomy 25:1, 3); just as a bill (book) is unique and has no life-spirit in it and does not eat, so too everything which has no life-spirit in it and does not eat. And the Rabbis state that if he wrote it [the Jewish bill of divorce] in a document as you stated, here where it the word \"ספר\"/bill – it comes [to refer not to the writing material but merely to] the act of writing the words (formula of divorce (see Gittin 21b). And the Halakha is according to the Sages." | |
], | |
[ | |
"אין כותבין במחובר – because it is missing “cutting.”", | |
"כתבו על המחובר וכו' – This is how it should be said: If he wrote [the Jewish bill of the divorce] the blank form of the document [of the Jewish bill of divorce] on something attached, which is the entire Jewish bill of divorce except for the place of the man and the place of the woman and the time (i.e., date).", | |
"תלשו וחתמו – that is to say, that he [the scribe] wrote that part of the document that makes it binding, which is the place of the man and the place of the woman and the time (i.e., date).", | |
"כשר – For since the part of the document that makes it binding was written on [something] detached, even though the blank form of the document was written while it was attached, it is valid.", | |
"על נייר המחוק – because he can go back and erase it until [the names of the witnesses] and write upon it what he wants and no one would recognize anything, for the signature of the witnesses is written over an erasure.", | |
"דיפתרא – its erasure is not recognized. דיפתרא – that is, [prepared] with salt and flour, but not prepared with gall-nut juice.", | |
"וחכמים מכשירין – [The Sages validate] only in Jewish bills of divorce alone, as they think that the witnesses who deliver the Jewish bill of divorce [to the woman] make it [the divorce] final. For the Jewish bill of divorce that is delivered in the presence of the witnesses is the essence of the Jewish divorce, and not the witnesses who signed it [i.e., the Jewish bill of divorce]. But on other documents, we rely upon the witnesses who signed it [i.e., the document]. The Sages admit that it [the Jewish bill of divorce] cannot be written either on a blotted-out paper or on something prepared with gall-nut juice. And the Halakha is according the Sages." | |
], | |
[ | |
"ואפילו חרש שוטה וקטן – [and concerning them – the deaf-mute, imbecile and minor], a Jewish adult stands over them and says to him: Write this for the sake of “so-and-so.” But a heathen and a slave, even if an adult Jew stands over them, ab initio, he should not write the Jewish bill of divorce, because they have the temperament [to write a Jewish bill of divorce], and on their personal knowledge we operate, for even if a Jewish adult says to him: “Write for the sake of “so-and-so” , he should not write other than for himself. But if a heathen or slave wrote the blank form of the document [of the Jewish bill of divorce] and a Jew possessing awareness wrote the part of the document that makes it binding; which is the name of the man and the woman and the time (i.e., date), for all of these require [being written] for their sake (i.e., the man, the woman and the Jewish bill of divorce), the Jewish bill of divorce is valid. And similarly, a when we say in our Mishnah that a deaf-mute, imbecile and/or minor are fit to write a Jewish bill of divorce, these words refer to the blank form of the document, but not the part of the document that makes it binding, is not valid, other than if it is written by an adult Jew who possesses awareness.", | |
"חוץ מחרש שוטה וקטן – who all lack awareness.", | |
"וסומא – [A blind person] is prohibited from bring a Jewish bill of divorce from outside the land of Israel, because he is unable to say, “it was written in my presence and signed in my presence.” But, to bring a Jewish bill of divorce in the land of Israel, where it is not necessary to say, “it was written in my presence and signed in my presence,” or even in the Diaspora, if the Jewish bill of divorce is verified through its signatories, or to serve as the agent of the woman to receive her Jewish bill of divorce, for all of these, the blind person is considered valid.", | |
"ונכרי – he is not [included] in laws of Divorce and Kiddushin/betrothal for the sake of marriage, and anything of his own person is not worthy, he cannot perform the act of agency for another." | |
], | |
[ | |
"קיבל הקטן – [The minor received] the Jewish bill of divorce from the hand of the husband.", | |
"והגדיל – [became an adult] prior to his delivery of it [i.e., the Jewish bill of divorce] to her [i.e., the wife].", | |
"פתוח ונסתמא וחזר ונתפתח – even if he was not restored to being sighted, since he was able to see at the time when he received the Jewish bill of divorce, he well is able to serve as an agent for he is able to say: “it was written in my presence and it was signed in my presence.” But, since it is required for [the Mishnah] to teach the concluding segment, “and he returned to being sighted,” that he [the agent] must be cognitively aware at the time of the giving [of the Jewish bill of divorce], the Mishnah teaches also at the beginning, “and he returned to being sighted.” But all those who are invalid for testimony through sin, are also invalid to bring the Jewish bill of divorce, for they are not believed to say, “it was written in my presence and signed in my presence.” But if the Jewish bill of divorce is verified through its signatories, they are valid to bring it (i.e., the Jewish bill of divorce)." | |
], | |
[ | |
"וחמותה ובת חמותה כו' – [they] are not believed to say that her husband died, because they hate her and intend to disgrace her.", | |
"ובלבד שהיא צריכה לומר בפני נכתב ובפני נחתם – and especially when the husband made a condition with her at the time that he delivered the Jewish bill of divorce to her hand and said to her: You will not be divorced other than in the court of so-and-so, and you will say, “it was written in my presence and signed in my presence.” And the court takes it [i.e., the Jewish bill of divorce] from her hand after she said, “it was written in my presence and signed in my presence,” and appoint an agent who will go back and give it [i.e., the Jewish bill of divorce] to her, but the wife whose Jewish bill of divorce leaves her hand in whatever place she happens to be, is [considered to be] divorced. And even if the Jewish bill of divorce’s signatories are not verified, and she does not have to say, “it was written in my presence and signed in my presence.”" | |
] | |
], | |
[ | |
[ | |
"כל גט – קול סופרים מקרין – The adults read [the Jewish bill of divorce] to their students, and when the Jewish bill of divorce comes before you, write it as such, and they mentioned the name of any person.", | |
"יותר מכן – and not only this – that the Jewish bill of divorce that was not written for the sake of Jewish divorce but only for practice (see Gittin 24b), but even that which was written for the sake of Jewish divorce completely, but he [i.e., the husband], changed his mind, it is invalid.", | |
"יתר מכאן היו לו ב' נשים כו' – and not only this alone that it (i.e., the Jewish bill of divorce) was written not for the sake of divorce of this person, it is invalid. But even if he had two wives and it was written for the sake of [the] divorce of this man, it is invalid, since it was not written for the sake of divorce of that woman.", | |
"גדולה וקטנה – not exactly.", | |
"יתר מכאן – it comes to teach us that we do not say that the matter is clear retroactively, for at the time it is written, it was also his intention for this one, and there is a divorce for him and her." | |
], | |
[ | |
"הכותב טופסי גיטין – A scribe who wants that they should be ready at hand with him, for there are times when a person comes to hire him [to write a Jewish bill of divorce] and he is preoccupied with other documents.", | |
"צריך שיניח מקום האיש ומקום האשה ומקים הזמן – And in the Gemara, it adds even a place for [the phrase] “you are permitted to any man.”", | |
"מפני התקנה – They permitted him to write blank forms of Jewish divorce bills and other documents not for their sake, because of the scribal ordinance that they be ready at hand with him, as long as he leaves space for the part of the document that makes it binding to write it for its own sake. And we decree that the part of the document that makes it valid for writing other documents because of the part of the document that makes bills of Jewish divorce valid.", | |
"רבי יהודה פוסל בכולן – For he decreed the blank forms of other documents on account of the parts of the document that make them binding, and other documents on account of Jewish bills of divorce.", | |
"ר\"א מכשיר בכולן – for he did not decree other documents on account of bills of Jewish divorce.", | |
"חוץ מגטי נשים שנאמר \"וכתב לה\" – לשמה – And they decree that the blank forms of the document (for a Jewish bill of divorce) on account of the parts of the document that make them binding. But, the Halakha is according to Rabbi Eliezer [which are not permitted – as they must be written explicitly for the sake of the divorce and for that particular couple]." | |
], | |
[ | |
"לאלתר – immediately, it is valid.", | |
"ואם לאו פסול – And especially if it [the Jewish bill of divorce] was lost in a place where [regular] caravans are found, and one could say that it [the Jewish bill of divorce] fell from those who come and go. But if it was lost in a place where caravans are not [regularly] found, even after a lengthy period of time, it is valid. And even if it was lost in a place where the caravans are [regularly] found, if there [is known] to the witnesses a distinguished mark of identification, such as if they [i.e., the witnesses] say that it [i.e, the Jewish bill of divorce document] has a perforation on the side of a certain letter, or they say, that we never signed the Jewish bill of divorce with these names but rather on this one alone, it is valid, even after a lengthy period of time.", | |
"בחפיסא או בדלוסקמא – sacks in which documents are regularly placed therein and they contain a particular sign that they belong to him.", | |
"אם מכירו כשר – this is a matter for itself, and this is how it should be read: If they found it in a small leather bag or in a case, even though he does not recognize it as a Jewish bill of divorce, or that he recognizes as a Jewish bill of divorce, even though he found it in any place, it is valid.", | |
"נותנו לה בחזקת שהוא קיים – And we don’t fear lest the husband died and his agency is voided, for we say, that a matter stands on its presumption. But if it is known that the husband died prior to the Jewish bill of divorce reaching her hand, the Jewish bill of divorce is voided, for there is no Jewish bill of divorce after death.", | |
"מקריבין אותה – and we don’t fear lest its owner(s) died, and the sin offering of those whose owners died, are considered as if their death is established." | |
], | |
[ | |
"כרקום – from the Aramaic translation, works of siege (the husband is presumed to be alive in such a setting as opposed to when the city is conquered).", | |
"המטרפת – but has not yet sunk.", | |
"לידון – in [a matter of] capital crimes.", | |
"בת ישראל לכהן – the stringencies regarding death", | |
"בת כהן לישראל – the stringencies regarding life" | |
], | |
[ | |
"המביא גט בארץ ישראל – where it is not necessary to say, “it was written in my presence and signed in my presence.”", | |
"משלחו ביד אחר – And makes him [of the other] an agent on his own and not in the Jewish court, and specifically if he had become ill.", | |
"ואם אמר לו – the husband to the agent", | |
"טול לי הימנה חפץ פלוני – When you give her the Jewish bill of divorce" | |
], | |
[ | |
"עושה בית דין – [the court appoints] an agent and sends him", | |
"שליח בית דין אני – without further qualification, the Jewish court did this validating him, and the second agent appoints a third agent, [and so-on-and-so-forth] until [the] one-hundred[th agent], and all of them are [appointed] in the Jewish court, since it is taught in our Mishnah, “the last agent [does not have to say, ‘it was written in my presence and signed in my presence’]” but only says that “I am the agent of the [Jewish] court.”" | |
], | |
[ | |
"להיות מפריש עליהן מחלקן – When he separates out the Terumah/heave-offering (which goes to the Kohen) , he should [first] sell it, he should detain the money to himself on account of his own obligation that he has towards the Kohen/priest. And the first tithe and second tithe he should withhold [them] and eat it for the obligation that he has towards the Levite and the poor, but he (the Levite) separates out from the first tithe [that he has received] the heave-offering (of one-tenth) [that he is required to give to the Kohen/priest]. But if he is accustomed to give his heave-offerings and tithes to this particular Kohen or particular Levite or the poor person who lent to them, he does not need to transfer to them their tithes and heave-offerings through another person, but he takes them for himself immediately after he has separated them out. But if he was accustomed to give his heave-offerings and tithes to others, he may not withhold them through his obligation, until he takes possession of them through another [Kohen or Levite] first and thereafter he should go back and take them as part of his obligatory [gift].", | |
"צריך ליטול רשות מן היורשים – That inherited from them property that had been mortgaged to a creditor, he must take permission from them if they want to repay this loan through these heave-offerings and tithes [that they have received], lest they wish to take their [priestly/Levitical] gifts and to repay their hereditary loans from another place." | |
], | |
[ | |
"המניח פירות להיות מפריש עליהן כו' – He relies upon these and eat from other TEVEL/eatables forbidden to be consumed prior to the separation of sacred gifts that he has, and says, ‘Behold their heave-offerings [come] from these fruits that I have set aside for this purpose.’", | |
"ואם אבדו – He went to check them and found that they had become lost.", | |
"הרי זה חושש – for these selfsame eatables forbidden to be consumed prior to the separation of sacred gifts, which he had legally fit for use by giving the priestly dues with the promise of those. And if he did not eat them, he must separate [tithes] from them, lest when he says: ‘Behold their priest-due is with the fruit that I have set aside’ have already become lost.", | |
"מעת לעת – of being examined. And when he checked them and found them to be lost, he fears lest from yesterday at that particular time they had been lost, and if he had designed them as tithes in the midst of the time period of twenty-four astronomical hours over other fruit. He must separate from them [tithes] out of doubt, and more than this, the Rabbis were not stringent to fear, but they rely upon the presumptive continuance of an actual condition until evidence of change is produced.", | |
"בודקין את היין – that he left it to [have tithes] separated out, he must check it, lest it soured, since we don’t offer heave-offerings from wine that had soured.", | |
"בקדים של מוצאי החג – since when the east wind blows at the conclusion of the festival [of Sukkot].", | |
"בשעת כניסת המים – when they are like the white bean (see Mishnah Kilayim 1:1), they are called half-ripe fruit (i.e. grapes). But when the moistness enters and grows in it when one is able to store away from them a bit, that is at the time when the water enters. Another explanation: When they were crushing the grapes when they were half-ripe, and putting water into it, and making vinegar to make it subject to setting aside sacred gifts. And the Halakha is according to Rabbi Yehuda." | |
] | |
], | |
[ | |
[ | |
"השולח גט והגיע בשליח – for he had not intended to pursue after him to overtake him, but rather, when the agent got detained along the way and he [the husband] was on the path to there and saw him and nullified the Jewish bill of divorce, even so, it is nullified. And we don’t say that he intended to merely cause suffering, for if he had intended to nullify it, he (the husband) would have pursued after him.", | |
"אינו יכול לבטלו – that comes to teach us that even though we saw him that he ran after him to nullify it, we don’t say that this matter was revealed retroactively that he (i.e., the husband) had revoked the Jewish bill of divorce. For where a person gives a Jewish bill of divorce to his wife for a time or on condition, or says to her, “Behold this is your Jewish bill of divorce from now or from this [particular] time”; or if the specific condition had been fulfilled, and if he did not say to her “from now” – even if after her Jewish bill of divorce had reached her hand, he can annul it." | |
], | |
[ | |
"בראשונה – He would not nullify it in the presence of the woman nor in the presence of the agent, but in the place where he is standing, he would nullify it in the presence of three [judges].", | |
"מפני תקון העולם – that the agent who does not know of the matter would bring it to her and she would [as a result] marry [again] through it. And on the strength of the ordinance of Rabban Gamaliel, we flog whomever nullifies the Jewish bill of divorce [in a Jewish court in another place] or issues a protest/ declaration before witnesses against a forced or unduly influenced action concerning the Jewish bill of divorce.", | |
"בראשונה היה משנה שמו ושמה – when he (i.e. the husband) had two names – one here (in the land of Israel) and another abroad, he would divorce her with the name common used in the place where the Jewish bill of divorce was written, and he would not be exacting to write both [names].", | |
"מפני תיקון העולם – so as to not cast aspersion on [the legitimacy of] her children from the second [name of her] husband, to say, that her husband didn’t divorce her for that is not his name. And a person who is known by two names in two [different] places, one in the place where [the Jewish bill of divorce] was written and another in the place where it is delivered/given, she is not divorced until the name of the place where [the Jewish bill of divorce] is delivered/given, and the name of the place where it was written with it. But, if he was known by two names in one place and he wrote [in the Jewish bill of divorce] (only) one of those names, post facto, the Jewish bill of divorce is valid. However, ab initio, one must write both of [the names] and where he changed his name or her name in the Jewish bill of divorce, even though he wrote after it, “and every name that he has,” the Jewish bill of divorce is null and void." | |
], | |
[ | |
"אין אלמנה נפרעת – Her Ketubah/Jewish marriage contract", | |
"מנכסי יתומים, אלא בשבועה – she had not been made the recipient of anything", | |
"נמנעו מלהשביע – because she is preoccupied before the orphans, she provides herself with a legal permission to take an oath that she had not taken anything. But even though she took a small amount, she believes that she is taking it as payment for her trouble [involved], but it is not for the paying off of the obligations [owed her] from her Jewish marriage contract.", | |
"התקין רבן גמליאל שתהא נודרת ליתומים כל מה שירצו – such as קונם/taking upon myself a vow of abstinence from kinds of food if I have derived benefit from my Jewish marriage contract.", | |
"וגובה כתובתה – but if she married to another [man] prior to being made by the orphans to take a vow, and if they made her take a vow after she got married, lest her husband makes her take a vow, How should do this? They make her take an oath imposed by the Rabbis outside of the court for which her punishment would not be great, and she collects her Ketubah/Jewish marriage contract after she has married. But, if she comes to collect [the value of] her Ketubah before she marries another [man], it is up to the orphans [as to what to do]: if they want, they have her take an oath outside of the court or make her take a vow in court.", | |
"העדים חותמים על הגט מפני תיקון העולם – It refers to both [the witnesses signing on the Jewish bill of divorce as well as the widow taking a vow before the orphans before collecting the value of her Jewish marriage contract], concerning a widow who takes a vow to the orphans on whatever they want, for the sake of the social order, so that women can marry their husbands without worrying about losing the value of their Ketubah. But concerning the witnesses who sign the Jewish bill of divorce for the sake of the social order, for since it is the witnesses to the delivery [of the Jewish bill of divorce] that effect the divorce, for the witnesses in whose presence the Jewish bill of divorce is delivered to the woman are the essential [aspect] of the divorce. It would not have been necessary for witnesses to sign the Jewish bill of divorce, other than for the sake of the social order, for we are concerned lest one of the witnesses before whom the Jewish bill of divorce was delivered would die, and that the bill of divorce in her hand without witnesses would be like a mere potsherd.", | |
"הלל התקין פרוזבול – for he [Hillel] saw that the people were prevented from making loans to one another and they violated what is written in the Torah (Deuteronomy 15:9): “Beware lest you harbor the base thought, [the seventh year, the year of remission is approaching…’],” he [Hillel] ordained the Prozbul. And this is the body of the Prozbul: “I hand over to you, so-and-so and so-and-so, the judges that every debt obligation that I have with so-and-so, I will collect it whenever I want.”" | |
], | |
[ | |
"עבד שנשבה ופדאוהו – Other Israelites [redeemed him] after his master had despaired of recovering him [of getting him back from captivity].", | |
"אם לשום עבד ישתעבד – to his second master.", | |
"לשום בן חורין לא ישתעבד – No to his first master nor to his second master. Not to his second master, that behold for the sake of become a free person, he would be redeemed; not to his first master either so that everyone would subject himself to the army and remove himself from his master.", | |
"", | |
"אפותיקי – Here you would stand. From this, you will collect your lien and not from another place.", | |
"ושחררו – his first master", | |
"שורת הדין אין העבד חייב כלום – to his second master, for the manumission that the first master freed him removes him from enslavement.", | |
"אלא מפני תקון העולם – lest his second master would find him in the market and say to him: “you are my servant and cast aspersion on the purity of his children.", | |
"כופין את רבו – The second [master], and make him (i.e., the slave) a free man. And the slave should write a document of liability regarding his worth, that is to say, according to what he would be worth to be sold in the marketplace, not according to the liability if the liability was greater than his monetary worth.", | |
"רשב\"ג אמר אין העבד כותב – [the slave does not write] a document of liability, for he is not liable for anything., but the first master who damaged his servitude, he is the one who must pay his worth, for the one who damages the servitude of his fellow is liable and the Halakha is according to Rabban Shimon ben Gamaliel." | |
], | |
[ | |
"מי שחציו עבד וחציו בן חורין – such as a slave of two partners, who was freed by one of them. Alternatively, his master received from him half of his financial worth, and freed that half on account of those funds.", | |
"תקנתם את רבו – who is not lacking for anything", | |
"לישא שפחה אינו יכול – because of the side of “freedom” within him.", | |
"בת חורין אינו יכול – because of the side of enslavement within him.", | |
"כופין את רבו ועושהו בן חורין – And the same law applies if he was the slave of one-hundred partners and one of them freed him; we force all of them to free him." | |
], | |
[ | |
"בן חורין – if he fled from the heathen, or the or the court fined him [i.e., the original owner] to redeem him from the heathens, as we said – we force him to redeem him and after he has redeemed him, he does not free him, and this is a fine of the Sages, because he releases him from the commandments. And similarly, if he [i.e., the master], sold him outside of the Land [of Israel], he [i.e., the slave] goes free, since he took him outside of the Land of Israel.", | |
"מפני תקון העולם – they would not surrender the heathens themselves [to the authorities] to increase and bring captives when we see that they are selling them for more than their worth.", | |
"אין מבריחין את השבויין מפני תקון העולם – lest they arouse to anger the captives who will eventually come into their hands and place them in chains and put them on the splints of his legs.", | |
"רבן שמעון בן גמליאל אומר מפני תקנת השבויין – Rabban Shimon ben Gamaliel has not been concerned about the future as a captive, other than with those who are currently in captivity with him. If there is no other captive than him alone, we force him [to free him] and we are not concerned here about the decree of other captives when there are no others with him. And the Halakha is according to Rabban Shimon ben Gamaliel." | |
], | |
[ | |
"משום שם רע – talk casting aspersion against her [on account of] unchastity", | |
"משום נדר – that she took an vow and he [i.e., her husband] said: It is impossible for me [to be married] to a woman who takes vows.", | |
"לא יחזיר – And even if it were found that the words [against her] were false, or that the vow was released by a Sage, lest she go and marry another and it is found that the words of aspersion against her [on account of] unchastity were found to be false, and that her vow would be released by a Sage, and she would not be considered unrestrained in taking vows, and he [i.e. the husband] would say: If I had known that this was the case, even if they gave me one-hundred Maneh, I would not divorce her, and the Jewish bill of divorce would be considered void and her children would be illegitimate. Therefore, we say to him: Note that one who dismisses his wife because of an evil name or because of a vow cannot remarry [her] ever. And because of these words, he completes her divorce’ and no one is able to further disgrace her through immorality.", | |
"רבי יהודה אומר: כל נדר שידעו בו רבים לא יחזיר – Rabbi Yehuda thinks that the reason that what the Rabbis said – that a person who dismisses {i.e, divorce) his wife because of a bad name or because of a vow, should not remarry her in order that Jewish women should not be loose in moral conduct or in vows (Gittin 46a), and because of this, it is stated that a vow that the public knew about – ten or more Israelites [involved], there is greater licentiousness, and they fine her and he cannot remarry her. But, if the public did not know about it, there is no licentiousness at all and they do not fine her.", | |
"לא יחזיר – since Rabbi Meir thinks that the reason is because of moral corruption. Therefore, a vow which cannot be annulled but that a Sage can release it, he [i.e., the husband] can corrupt the Jewish bill of divorce after she has married another [man] and say: If had known that a Sage can release it [the vow, I would not have divorced her.", | |
"ושאינו צריך חקירת חכם – but rather he can annul it [the vow] and there would be no need for the Sages to prohibit him from remarrying her, because he is not able to damage her and say, “If I had known etc.,” for it is an open vow and he can either annul it or not annul it.", | |
"לא אסרו זה – that requires the study of a Sage [to find the means of absolving the vow to permit him] to remarry [her].", | |
"אלא מפני זה – that it is not necessary, for had it been necessary, we would not have to worry about disgracing her by immorality, since he would not be able to say: Had I known that a Sage can release it [i.e., the vow] , I would not have divorced [her], for we testify that even though this is the case, he would divorce her, and a man does not want to have his wife despised/humbled in the Jewish court in front of a Sage where she would go to the court and make petition about her vow, but because a vow that does not require a Sage [to release her] and the husband can annul it, they forbade all of them so that he would not say: “If I had known that I could annul it, it would not have divorced her.”", | |
"א\"ר יוסי ברבי יהודה כו' In the Gemara it explains that the Mishnah is deficient (i.e., missing something) and it should be taught as follows: What are we speaking about: When she made the vow, but if he made the vow that he would divorce her and he divorced her, he may remarry her and we don’t worry about her degeneracy.", | |
"ואמר ר' יוסי ברבי יהודה: מעשה נמי בצידן באחד שאמר לאשתו קונם אם איני מגרשך – that is to say, that all the fruit that is in the world will be forbidden to me if I do not divorce you, and he divorced her, but the Sages ruled leniently to him that he may remarry her.", | |
"מפני תקון העולם – that is to say, that the Sages did not say that a man who divorces his wife because of a vow should not remarry her other than because of the sake of the social order for we fear for moral degeneracy, but that does not belong other than on account of a vow she took , but if he took a vow, and there is nothing here [concerning] the sake of the social order, they permitted him to remarry her. And the Halakha is according to Rabbi Yehuda." | |
], | |
[ | |
"רבי יהודה אומר לא יחזיר – Lest she marry [another man] and give birth [to a child] and he (i.e., the first husband] would say: had I known that this is the case, even if they would have given me one-hundred Maneh, I would not divorce you.", | |
"וחכמים אומרים: יחזיר – for they were not concerned for her degeneracy, and in the Gemara, it explains who the Sages are: Rabbi Meir – who stated that we require a double condition and this is what we are dealing with – that he did not make a double condition, for he [i.e., the husband] did not say to her: “You should know that since you are incapable of conception, I am releasing you [from being my wife], and if you are not incapable of conception, it is not a Jewish bill of divorce, and now it is a Jewish bill of divorce even if she is not incapable of conception.", | |
"והיא תובעת כתובתה – a woman incapable of conception has no [rights regarding her] Ketubah/Jewish marriage contract , and now that she was found to not be incapable of conception, she is demanding [payment of] her Ketubah.", | |
"שתיקותיך יפה ליך מדבוריך – that he would say: If I had known that in the end, I would have to give you your Ketubah [payment], I would not have divorced you, and it is found that the Jewish bill of divorce is voided and her children are illegitimate." | |
], | |
[ | |
"אין פודין אותו – and he is accustomed to it, such as the case where he sold and resold and sold a third time.", | |
"לוקח ומביא ביכורים – In each year, one must purchase from the heathen the first of its fruits with money and bring them to Jerusalem.", | |
"מפני תקון העולם – so that he not be accustomed to sell land in the Land of Israel to heathens, and if he sold it, he work to return and redeem them." | |
] | |
], | |
[ | |
[ | |
"הניזקין שמין להם בעידית – Even though that it is from Torah, as it is written (Exodus 22:4): “[When a man lets his lifestock loose to graze in another’s land, and so allows a field or a vineyard to be grazed bare,] he must make restitution (from the best) for the impairment of that field or vineyard.” This Tanna [of our Mishnah] thinks that it is the best field of the one who suffered damage that is spoken of in the Biblical verse, but for the sake of the social order, the Sages said that the one who caused the damage should pay from the best of his property, even if they (i.e., his properties) are better than the best of the one who suffered the damage, in order that we should be careful from causing damage.", | |
"ובעל חוב בבינונית – that from the Torah he does not collect other than from the lowest quality land of the estate, as it is written (Deuteronomy 24:11): “[You must remain outside,] while the man to whom you made the loan brings the pledge out to you.” But it is not the manner of a person to bring out other than the worst of his possessions, but for the sake of the social order, they [i.e., the Sages] said that the borrower pays with his middle-range [property, in order that we not shut the door to borrowers.", | |
"וכתובת אשה בזבורית – for we do not suspect her to shut the door, for more than a man wants to marry, a woman wants to be married.", | |
"ר\"מ אומר כו'- The Halakha is not according to Rabbi Meir." | |
], | |
[ | |
"אין נפרעים מכנסים משועבדים – such as a borrower who sold his middle-range [property] which was mortgaged to the creditor, the creditor cannot seize it from the purchaser if free-standing property remains with the borrower, and even though they are not other than the lowest level property." | |
], | |
[ | |
"אין מוציאין לאכילת פירות ולשבח קרקעות – The one who steals a field and sells it to another [person], who sowed it and caused it to grow and made fruits and the person from whom it was stolen comes and collects it with its fruits from the purchaser, does not pay the purchaser other than the expenses [laid out following the purchase] and the purchaser goes back to the seller and collects the cost of the land from his mortgaged possessions, for he [the thief] sold it to him [the purchaser who was unaware that the land had been stolen] with surety and wrote him a document of sale , and it is a loan document, and the fruit come from free-standing property and not from mortgaged property.", | |
"לשבח קרקעות – and similarly, if the purchase increased the value of the property by planting trees or manuring it or doing similar things.", | |
"ולמזון אשה והבנות – for it is a condition of the Jewish marriage contract, “for you will dwell in my house and be supported from my possessions, and the female issue that you will have from me will dwell in my house and be supported from my possessions, etc., and when they come to claim their food, they do not collect it other than from free-standing property and not from mortgaged [properties].”", | |
"מפני תקון העולם – for they are many which have no limit and no one knows how much they are and one is not able to be careful with this.", | |
"והמוצא מציאה – and returned [the lost object], and the owners say that the entirety was not returned.", | |
"לא ישבע מפני תקון העולם – for if you say that he should take an oath, there are no individuals who deals with the return of lost objects." | |
], | |
[ | |
"יתומים שסמכו אצל בעל הבית – to do their work at his direction, for an administrator/guardian had not been appointed for them; but nevertheless, he was like an administrator.", | |
"אפוטרופוס – In the Roman language they would call a father PATER and children [would be called] POTOS. An explanation of APOTROPOS is the father of minor children.", | |
"שמינהו אבי יתומים ישבע – for if not [i.e. if he did not take an oath], that he had benefit from him, he would not have had an administrator, and because of the oath taken, he might shrink from serving as a guardian.", | |
"מנוהו בית דין לא ישבע – as a gratuitous favor, as he does this for the Jewish court to accept their words and to trouble himself without pay, and if they bring a dispute [by requiring that] he take an oath [that he was faithful to his task], he can shrink from it [i.e., becoming a guardian].", | |
"אבא שאול אומר חילוף הדברים – if he court appointed him, he should take an oath, since the benefit [he receives] has a voice that he is an honorable person [by not stealing from the funds in his care] for the Jewish court relies upon him and because of the oath taken, he will not shrink [from his duties in becoming a guardian]; [on the other hand], if the father of the orphans appointed him, he should not take an oath, as it is a gratuitous favor that he does for him to go to the trouble [of caring for] his children, and if they were to raise a dispute against him [by requiring that] he take an oath, he would shrink from his duties [of serving as a guardian]. And the Halakha is according to Abba Shaul.", | |
"המטמא – [he defiles] the pure objects of his fellow.", | |
"המדמע – he mixes the heave-offering/sacred donation for the Kohanim with unconsecrated foods and causes it to lose value, as it is necessary to sell it to the Kohanim cheaply.", | |
"המנסך – mixing wine poured for libations with kosher wine and it is forbidden to derive benefit [from it].", | |
"במזיד חייב – but by law, he would be exempt, for damage that is not discernible in the object itself is not itself called damage (see Talmud Gittin 53a), but for the sake of the social order [we do not do this], so that every person would not go and defile his fellow’s pure objects, and say that I am exempt.", | |
"הכהנים שפיגלו – [because of an improper intention in the mind of the officiating Kohen making] the sacrifices [rejectable] in that they slaughtered [the animals] and sprinkled their blood with the thought of eating from them at an inappropriate time, and it as not acceptable to the owners [of the sacrifices].", | |
"מזידים – that they knew that they would be invalid by doing this.", | |
"חייבים – to pay their value to the owners, for they would have to bring other [sacrifices]; alternatively, it is a donation and is not obligated for indemnity payment. Nevertheless, it is difficult in his eyes that he would not make the sacrificial offering, for he was requested to bring a gift." | |
], | |
[ | |
"על החרשת שהשיאה אביה – and even though she is a completely married woman, for her father had received her betrothal when she was a child/minor, even so she goes free with a Jewish bill of divorce and receives her Jewish bill of divorce while she is deaf-mute; and even though she lacks “knowledge,” since a woman is divorced against her will, therefore, we don’t require “knowledge.”", | |
"וכל קטנה בת ישראל שנשאת לכהן – and she is an orphan, and her marriage is not valid other than according to the Rabbis.", | |
"שאוכלת בתרומה – according to the Rabbis, for we do not make the decree that [eating] Terumah/heave-offering according to the Rabbis is like [eating] Terumah of the Torah-law.", | |
"מריש – beam", | |
"בירה – a large house", | |
"מפני תקנת השבים – for it you require him [i.e., the thief] to take down (literally, “exterminate”) his home (or an entire group of buildings) and return the [stolen] beam itself (see Talmud Gittin 47a), he would be prevented from repenting.", | |
"שלא נודעה לרבים – that t was stolen", | |
"שהיא מכפרת – and there is no need to bring another.", | |
"מפני תקון מזבח – so that the Kohanim will not be sad that they unconsecrated meat that was slaughtered in the Temple courtyard, and it would lead to the altar being void, that they were prevented from performing the Temple ritual." | |
], | |
[ | |
"לא היה סקריקון – a murdering heathen, that is do say, that they did not adjudicate the law concerning the purchase of confiscated property (see Talmud Gittin 55b) to say that whomever purchases Jewish land from a murdering heathen, will be liable to adjudicate with the owners.", | |
"משעת הרוגי מלחמה – At the time when the decree was difficult for the Jews [that they would be] killed during warfare, for a person who buys from him at that time, his purchase is valid, and there was no need to adjudicate with an Israelite who owns the land, since as a result of unavoidable compulsion where an Israelite would complete a sale to the heathen murderers, and we hold (Talmud Bava Batra 47b): “If a person consents to sell something through fear of physical violence (literally, “if they hang him and he sells”), the sale is valid.", | |
"אבל מהרוגי המלחמה ואילך – when there was no decree to be killed, they adjudicated the law concerning the purchase of confiscated propery, to say that when he purchases it from him, they should do a judgment with the owners as it is explained in the Mishnah.", | |
"מקחו בטל – for as we say that he did it out of fear.", | |
"לקח מן האיש – land that is designated for his wife’s Ketubah.", | |
"מקחו בטל – for she said that I did it only to gratify my husband (but did not mean to sell – see Talmud Ketubot 95a).", | |
"נותן לבעלים רביע – that they estimated, for the heathen murderers which it had come into his hand without paying for it, he bought [the confiscated field] for one-fourth less than its real value." | |
], | |
[ | |
"רומז ונרמז – what her [i.e., the deaf-mute] gesticulates or that others gesticulate to him and is satisfied by it, everything exists. Gesticulation is with one’s hands or with one’s head. Mimic intimation [is accomplished] by the curving of the lips, as it says (Job 5:16): “[So there is hope for the wretched;] the mouth of wrongdoing is stopped.” But mimic intimation is not recognized as is gesticulation.", | |
"במטלטלין – if he sold movables, and the Halakha is not according to Ben Beteira.", | |
"הפעוטות – minors at the age of seven or eight, if he is sharp/bright and knows the nature of business relationships, or if he the age of nine or ten and is not so sharp.", | |
"מקחן מקח וממכרן ממכר במטלטלין – and their gifts are gifts, whether it is a gift of a healthy individual or the gift of someone on his death-bed, whether it is a large gift or a small gift." | |
], | |
[ | |
"כהן קורא ראשון – When they are equal in wisdom, but if the Israelite is greater in wisdom, he precedes the Kohen and the Levite (see Mishnah Horayot, Chapter 3, Mishnah 8) for a Sage who is illegitimate comes before a High Priest who is an ignoramus. The law is the law of the Gemara, but today it is the practice that the Kohen, even if he is an ignoramus, comes before a great Sage who is an Israelite.", | |
"מפני דרכי שלום – that from the Torah, a Kohen can give permission to whomever he wishes that would read from the Torah before him, but for the sake of the social order, they said that he [i.e., the Kohen] should read first and not give permission to another to read [before him], so that it doesn’t come to wrangling. But if there is no Kohen there, the cord has been severed and a Levite should not read second, other than according to his importance. And there are those who say that the Levite should not [in this case where there is no Kohen] read (i.e., called up to) the Torah at all and this is the custom.", | |
"מערבין בבית ישן – members of a courtyard who are accustomed to place their Eruv (contribute their share towards a dish which is deposited in one of the dwellings, by which act all the dwellings are considered as common to all – whereby the carrying of objects on Shabbat from one to another and across the court are permitted) in one [particular] house, should not change their place to place it in another house.", | |
"מפני דרכי שלום – that people who are accustomed to see the Eruv in the same house, [and] now that they don’t see it, will say that they are carrying [on the Sabbath] without an Eruv, and there is suspicion.", | |
"בור שהוא קרוב – to one who finds a canal that comes from the river.", | |
"מתמלא ראשון – and afterwards the lower ones are filled.", | |
"מצודות חיה – that lack a receptacle where he acquires his utensils (?)", | |
"יש בהן משום גזל מפני דרכי שלום – and is not removed by the judges", | |
"רבי יוסי אומר: גזל גמור – According to the Rabbis and is removed by judges. However, Rabbi Yosi admits that it is not theft according to the Torah, to transgress with a negative commandment. But the Halakha is not according to Rabbi Yosi.", | |
"המנקף – cut off/sever, like Isaiah 10:34: “The thickets of the forest shall be hacked away with iron…”" | |
], | |
[ | |
"החשודה על השביעית – to guard/preserve the seventh year fruit and hide them from removal [of the fruit] (in the third and sixth years of the Sabbath period) and beyond.", | |
"לא תבור ולא תטחון עמה – to assist her, since it is forbidden to help with his hands those who sin while they are sinning.", | |
"לאשת עם הארץ – who is suspect regarding tithing", | |
"ובוררת וטוחנת – since most ignoramuses do tithe", | |
"אבל משתטיל המים – in the dough", | |
"לא תגע עמה – since when she rolls it, it becomes liable for setting aside Hallah (i.e., the piece of dough taken off, thrown into the oven and burned), and she becomes defiled through impure utensils , which had become susceptible to receive impurity; and she who helps her to roll [the dough] is forbidden to cause the Hallah to become impure.", | |
"וכולן לא אמרו כו' – they did not permit them to lend utensils and assist them outside of the time of the sin itself, other than because of the ways of peace.", | |
"ומחזיקין ידי גוים – to tell them that they should strengthen their hands", | |
"ושואלים בשלומם – all the days, even on the days of their holidays, and even though he places the name of heaven on the heathen [but nevertheless] peace is one of the names of the Holy One, blessed be He." | |
] | |
], | |
[ | |
[ | |
"האומר: התקבל – אם רצה לחזור יחזור – for the Jewish bill of divorce is debt that he has towards her (acting in behalf of a person to the latter’s disadvantage), and we do not do something that will do harm to a person without the other’s knowledge (see Mishnah Eruvin, Chapter 7, Mishnah 11 and Mishnah Gittin, Chapter 1, Mishnah 6).", | |
"לא יחזור – for since she made him equivalent as her agent, behold he is like her hand and and is divorced immediately when he receives from this one [i.e., the husband].", | |
"אף האומרת טול לי גיטי – this is the language of reception. And the Halakha is according to Rabban Shimon ben Gamaliel." | |
], | |
[ | |
"צריכה – to bring before us two sets of witnesses", | |
"שנים שיאמרו בפנינו אמרה – to him [i.e., the husband] to receive it [i.e., the Jewish bill of divorce].", | |
"ושנים שיאמרו בפנינו קבל וקרע – And this was taught during the time of religious persecution, where they decreed against [the observance of] the commandments and they would immediately tear the Jewish bill of divorce, so that they should it should not be seen.", | |
"", | |
"או אחד מן הראשונים ואחד מן האחרונים ואחד – a third [individual] who was made a witness with this group and the other group, who joins with them.", | |
"היא ואביה – either she [i.e., the betrothed maiden, between the ages of twelve and twelve-and-one-half] or her father, for she has “a hand,” because she is considered an adult, and her father also has authority to receive it.", | |
"אינה מתגרשת – and even with her father receiving it [i.e., the Jewish bill of divorce], as it is written (Deuteronomy 24:1): “…and sends her away from his house,” [which describes] someone who sends her away but she does not return, excluding [a case] where he sends her away but she returns." | |
], | |
[ | |
"במקום אחר פסול – for the husband is strict that it is not his desire that they should cast suspicion upon him there.", | |
"הרי היא במקום פלומי – he [i.e., the husband] is doing nothing more than showing him the place, for there she can be found.", | |
"רבי אליעזר מכשיר – for he holds that he [i.e., the husband] is divorcing [her] of his own free will, there is an intimation that you care for a thing to be exactly as you want it, for she is divorced against her will, and she is merely showing him the place. But the Halakha is not according to Rabbi Eliezer." | |
], | |
[ | |
"הבא לי גטי אוכלת בתרומה – if she is the wife of a Kohen, until the Jewish bill of divorce reaches her hand.", | |
"לאותו מקום – since she said to him (i.e., the agent): you will not be my agent other than “there.”", | |
"ורבי אליעזר אוסר מיד – from when he separated from her. And Rabbi Eliezer, according to his reasoning, who validates [the Jewish bill of divorce] when it is received in a different placer, for he she is merely showing him the place, and from the time that he [i.e., the agent] receives it, she will be divorced from him. Therefore, from the moment that he separated from her presence, she is prohibited [from consuming the heave-offering/sanctified food of the Kohen] lest the husband find the agent outside the city and he receives it [i.e., the Jewish bill of divorce] from him. But the Halakha is not according to Rabbi Eliezer." | |
], | |
[ | |
"כתבו אגרת וכו' – For the Jewish bill of divorce is called a “letter” since [the words] “a letter of divorce” in it [i.e., the Jewish bill of divorce].", | |
"פטרוה לא אמר כלום – perhaps the language of “exempt” and “liable” is being said, to lighten from her the obligations that she is liable for.", | |
"פרנסוה – the language of performing her needs, such as taking out for [the purposes] of [providing] sustenance etc. Therefore, we do not know if these are the needs of the Jewish bill of divorce, that she will not be dependent upon/tied to leviratical marriage (i.e., she cannot marry otherwise until released from him), or [the document is speaking of] the needs of clothing and covering.", | |
"כנימוס – according to law, and we do not know if it is the Jewish law of divorce or the law of [provision of] food and clothing, and similarly as appropriate.", | |
"היוצא בקולר – to be killed as per the law of the kingdom.", | |
"ואמר כתבו – even though he did not say, “give it” [to my wife].", | |
"יכתבו ויתנו – for on account of his fear, he was troubled and did not expound [on his intentions].", | |
"המפרש – on the sea", | |
"והיוצא בשיירא – to the deserts", | |
"המסוכן – the infirm, and Halakha is according to Rabbi Shimon Shezuri" | |
], | |
[ | |
"ואמר: כל השומע את קולו – and he mentioned his name and the name of his city", | |
"רצה לשחק בה – for since he did not say, “give it”", | |
"מעשה בבריא – The Gemara explains that the Mishnah is deficient and this is how it should be explained: And if his end result is evidence of his [thinking at the] beginning, then it is surely a Jewish bill of divorce. And there is a story also about a healthy individual. And the Halakha is according to Rabban Shimon ben Gamaliel." | |
], | |
[ | |
"אמר לשנים תנו גט לאשתי – even though he did not say, “write and give,” they should write [it] on their own, and not tell another scribe that he should write it, nor for witnesses to attest it with their signatures, for the Jewish court did consider that they should command others, but rather [only] on the witnesses, “these are the agents,” “these are the witnesses,.” But if he [i.e., the husband] said to three [individuals]: write and give a Jewish bill of divorce to my wife,” even though they are worthy to serve as a Jewish court, since in public, he said to them, “write,” he did not compare them to a Jewish court, but rather only as witnesses.", | |
"אמר לג' תנו – but did not say, “write”", | |
"הרי אלו יאמרו – to other witnesses to write, affix their signatures nad give it, because they were made into a Jewish court.", | |
"בבית האסורים – in the name of Rabbi Akiba who was imprisoned.", | |
"נומינו לשליח – We said to Rabbi Hanina that we should appoint an agent with regard to this Halakha and to mention it in the Bet Midrash/academy.", | |
"ילמדו – if they do not know how to write [a Jewish bill of divorce], they should learn to write until they can write them on their own." | |
] | |
], | |
[ | |
[ | |
"מי שאחזו קורדייקוס – that his mind became confused as a result of a devil who reigns over those who drink new wine.", | |
"אין בדבריו האחרונים כלום – And there is no need to return and request another when he was clear-minded once again, but we write the Jewish bill of divorce and rely upon his earlier words. However, as long as his mind is confused, we do not write the Jewish bill of divorce.", | |
"הרכין – tilted/bent", | |
"בודקין אותו – with other words", | |
"הרי אלו יכתבו ויתנו – if he inclined his head over the Jewish bill of divorce an inclination of “yes.”" | |
], | |
[ | |
"אמרו לו – to a healthy person or to a Sage on his death-bed.", | |
"נכתוב גט לאשתך – that she should not be in need of the husband’s brother (in the case of the husband dying without issue, whose brother enters the estate and marries his wife)." | |
], | |
[ | |
"זה גטך אם מתי, לא אמר כלום – that implies, when I will die, but there is no Jewish bill of divorce after death.", | |
"מחולי זה – implying – from this illness and onwards, for since he died in the midst of this illness, the Jewish bill of divorce would not take effect until after death.", | |
"מהיום ולאחר מילה גט ואינו גט – we doubt if he had made a condition to her, “from today if I die,” for when he died, the condition was fulfilled, and it follows that it was a Jewish bill of Divorce from the time he gave it [to her]; and if he retracted, it is that retracted from what he said “from today,” for he said, “after death it will be a Jewish bill of divorce,” and that is meaningless, since he did not say, “from today if I die.”", | |
"חולצת – lest it is not a Jewish bill of divorce", | |
"ולא מתיבמת – lest it was a Jewish divorce, and she would thereby the divorcee of his brother, we establish that she is subject to a prohibition which would involve extirpation [for it being violated]." | |
], | |
[ | |
"לא תתיחד עמו – This one who gave [her] a Jewish bill of divorce and said to her, “from today if I die,” she should not be alone with him, lest that he should come up upon her and she would need a second Jewish bill of divorce, for we are concerned lest he engaged in a sexual act with her for the purposes of betrothal.", | |
"מה היא באותן הימים – This is not referring to the first part of the Mishnah, when he [i.e., the husband] says [to his wife] , “ [you will be divorced] from today if I die.” For this is surely the case that when he dies, the matter is revealed that it would be a Jewish bill of divorce from the time of the giving of [the Jewish bill of divorce] and he who comes upon her, is exempt. But when he says to her [at the time] when the Jewish bill of divorce is delivered, “this is your Jewish bill of divorce, and you will be divorced by it from the time that I am in the world, if I die,” Rabbi Yehuda thinks that this [this takes place] close to [his] death, that it is a [legitimate] bill of divorce, and before this, she is a married woman. But Rabbi Yosi holds that from when he gives her the Jewish bill of divorce, all that time, it is doubtful to us perhaps this is the time close to his death, and it is a questionable Jewish bill of divorce. And even though he lives more, there is no alternative. Therefore, it is doubtful and he who comes upon her {in a sexual act] is liable for special guilt-offering, made when in doubt as to the commission of a sinful act." | |
], | |
[ | |
"הרי זו מגורשת ותתן – she is divorced from now – from the time of the receiving of the Jewish bill of divorce, and she is required to give [according to] the condition he made with her. But if the Jewish bill of divorce was lost or torn prior to it being given, there is no need for a new Jewish bill of divorce, for anyone who states \"on condition” is like someone who says, “from now.”", | |
"אמר רשב\"ג מעשה בצידן – The Gemara explains that this Mishnah is deficient and should be read as follows: If he [i.e., the husband] said to her: “on condition that you give me my suit but his suit was lost, specifically when he mentions it; Rabban Shimon ben Gamaliel states that she should give him its monetary value since the husband only had the intention for his own comfort; and there was an episode in Sidon with one who said to his wife, etc., and the Sages said that she should give him its monetary value, but the Halakha is not according to Rabban Shimon ben Gamaliel." | |
], | |
[ | |
"על מנת שתשמשי את אבא, על מנת שתניקי את בני – In the Gemara it is proven that every undefined [period] where the time was not fixed- how much time she should wait upon his father or how long she should nurse his son, it is like specifying one day and the condition is fulfilled if she waits upon his father or nurses his son for only one day.", | |
"כמה היא מניקתו – that is to say, how long is the period of nursing, for she nursed him one day in that time period, the condition has been fulfilled.", | |
"שתי שנים רבי יהודה אומר: י\"ח חודש – but if she nursed him after the two year period of the Rabbis was completed or eighteen months according to Rabbi Yehuda, this is not nursing, and the condition has not been fulfilled. But the Halakha is not according to Rabbi Yehuda.", | |
"מת הבן – and she had not nursed him at all", | |
"או מת האב – and she had not waited upon him", | |
"הרי זה גט – for he did not intend through his condition to cause her pain, but rather for his own comfort, and for this, it was not necessary, for if he knew that his father or son would die, he would not have made the condition.", | |
"שלא בהקפדה – even though she did not provoke him to anger , and there was no delay on her part, it is not a Jewish bill of divorce. And all the more so, if he exhibited a temper.", | |
"כזה גט – since she did not cause him to lose his temper and there was no delay on her part, but the Halakha is not according to Rabban Shimon ben Gamaliel." | |
], | |
[ | |
"הגיע לאנטיפטרס – The Gemara explains this Mishnah, such as two conditions were made: either I reach the Galilee, immediately it is a Jewish bill of divorce or if I do not reach the Galilee if we delay for thirty days and I do not come, it is a Jewish bill of divorce (i.e., it takes effect), and if not, it is not a Jewish bill of divorce (i.e., it does not take effect). If he went and arrived at Antipras which is at the end of the land of Judea and returned prior to thirty days, the Jewish bill of divorce is nullified, for he did not arrive in the Galilee and did not stay there for thirty days. And similarly if…", | |
"היה הולך מגליל ליהודה והגיע לכפר עותנאי – which is at the edge of the border of the Galilee, for he did not go abroad nor did he stay there for thirty days.", | |
"", | |
"כל זמן שאעבור מנגד פניך ל' יום – By my staying there thirty days, I have been out of your sight, then it will be a Jewish bill of divorce.", | |
"והיה הולך ובא וכו' – And afterwards, when he will tarry there for thirty days, he will be out of her sight, and it will be a Jewish bill of divorce. But we do not say that since, from the beginning, he was coming and going, for we suspect lest he appeased a quarrel between them, and the Jewish bill of divorce was nullified, that in the aftermath, he did not cohabit with her at the time when he was coming and going , we do not suspect that perhaps he appeased [her], but when he fulfills his conditions and tarries for thirty days with him being out of her sight, it is a Jewish bill of divorce. And in the Gemara, it is maintained [that this refers to] when he says at the time of [making] the condition, “on the condition of this, I deliver the Jewish bill of divorce” – that she will be trustworthy to me like one-hundred witnesses as song as she says that I did not come and cohabit [with her] and that I appeased [her]. And such is the Halakha, for if he did not say this at the time of the condition, we suspect lest the husband will comeand raise a complaint and say that I appeased [her]." | |
], | |
[ | |
"אינו גט – but since he did not say, “from now,” it implies that after twelve months it would be a Jewish bill of divorce, and behold, he died within that time period, and she would need her dead husband’s brother [if they had no children in their marriage while he was alive] to marry her." | |
] | |
], | |
[ | |
[ | |
"הזורק. הרי זו מגורשת – As it is written (Deuteronomy 24:1): “…[and he writes her a bill of divorcement], hands it to her...,” and since it is not written, “and in her hand he should give it,” implying nevertheless, “and he gives,” whether in her court or in her garden or in her enclosure. And [it means] that she is standing at the side of her house or at the side of her courtyard.", | |
"קלתה – a utensil in which women place yarn and needles/pins.", | |
"הרי זו מגורשת – and even if she is inside his house, for the place of her lap and vase-shaped basket is acquired by her, for a man (i.e., husband) is not stringent regarding the place of her lap or on the place of her vase-shaped basket." | |
], | |
[ | |
"או שמצאתו מאחוריו – the Jewish bill of divorce was on his back and he curved his back towards her so that she could take it.", | |
"אינו גט עד שיאמר טלי גטך – and he said [to her]: “take your Jewish bill of divorce,” however, it is a Jewish bill of divorce. But if the Jewish bill of divorce was on the ground, or on his back or or his body and he did not curve his back nor presented his body to her in order that she could take it, even if he said: “take your Jewish bill of divorce,” it is not a Jewish bill of divorce.", | |
"קוראה והרי היא גיטה – and when she reads through it, he sees that it is her Jewish bill of divorce.", | |
"קרוב לה מגורשת, קרוב לו אינה מגורשת – All the while that she is able to guard it, and he is unable to guard it, this is what is “close to her,” and all that she is unable to guard, but he is able to guard, it is “close to him.” Both of them are able to guard it or both of them are unable to guard it, this is half-and-half, and regarding a Halakhic decision, she is not divorced until the Jewish bill of divorce reaches her hand or her domain." | |
], | |
[ | |
"אמר לו בעל חובו: זרוק לי חובי – In the Gemara we establish it for when the creditor says, throw me my debt (the monies owed by the debtor) in the [manner similar to the] nature of Jewish divorce, and since he [i.e., the creditor] said this to him [i.e., the borrower], this obligation of indebtedness has the same [format] as the law the law of Jewish divorce, for if the borrower threw it closer to the creditor, and it [became] lost , the borrower is acquitted and he is not liable to pay [again], but if it landed closer to the borrower, he is liable to pay. But if the creditor said to him: throw me my debt and it shall be dismissed, since he threw it to him in any matter, he is exempt.", | |
"לאויר הגג – wherever there is a gap of less than three handbreadths near the bottom of the roof, it isd considered a “Lavud” – the legal fiction of considering separated parts as united.", | |
"מרשות הגג – if it left the divided off space of the roof and entered into the partition of the space where it is standing (serving as a legal fiction – as if one of its broadside were prolonged to form a partition).", | |
"או נשרף הרי זו מגורשת – the throwing of the Jewish bill of divorce into the courtyard preceded its being burned in the airspace of the courtyard, for if it had been burned in the courtyard first, in principle, from the beginning, it was being tossed into the fire, and she is not divorced." | |
], | |
[ | |
"בגט ישן – He [i.e., the husband] wrote to divorce his wife and after the Jewish bill of divorce had been written, he was [found to be] alone with her. The School of Shammai holds that we do not say that there is a decree lest people would say that her Jewish bill of divorce came before her children [arrived] lest the [delivery of the Jewish bill of divorce] is delayed a year or two [years] between the writing and the delivery, and she will have had children from him in the midst of that time and afterwards, will divorce her with it; and when people will see the date of the Jewish bill of divorce which is prior to the birth of her son, people would think that he [i.e., the husband] gave her the Jewish bill of divorce at the time it was written, and there would be a discredit [to her] as [people] would say that the children were born from a “free” (i.e., unmarried) woman, and the Halakhic decision is that a person should not divorce his wife with an “old Jewish bill of divorce.” But if the husband divorced her and then went to another country, she may ab initio, remarry through this." | |
], | |
[ | |
"כתב לשם מלכות שאינה הוגנת – If he was in Babylonia and wrote “for Heshbon in the years of the kingdom of Edom” where there is no such kingdom in the place where the Jewish bill of divorce is written, she should go free [with a corresponding Jewish bill of divorce, if she married on account of the “Jewish bill of divorce” that she received from the first one] from this one and that one, and it is called “The Kingdom of Edom,” a kingdom which is not corresponding to/befitting it, which lacks a form of writing and a language.", | |
"אי שכתב מלכות מדי – since it is necessary to write the name of the kingdom of the state in which the Jewish bill of divorce is written , out of concern for the peace of the kingdom, so that they will say, “we are important in their eyes where they write their documents in our names.", | |
"תצא מזה ומזה – if she married via the Jewish bill of divorce [that she had received], she should go free from the first [marriage] as well as from the second [marriage].", | |
"ואין לה לא פירות ולא בלאות וכו' – Our entire Mishnah is explained in the Tractate Yevamot in the chapter “The Great Wife” (Chapter 10, Mishnah 1).", | |
"והולד ממזר מזה ומזה – Our Mishnah [is according to] Rabbi Meir, who said that he who deviates from the coinage that the Sages formulated in [the realm of] Gittin/Jewish bills of divorce, the offspring are illegitimate/Mamzerim but this is not the Halakha." | |
], | |
[ | |
"כל העריות שאמרו צרותיהן מותרות – fifteen rival wives (see Tractate Yevamot, Chapter 1, Mishnah 1) that the Sages say that [married severally to the brother of a man with whom marriage is forbidden] cause the exemption from levirate marriage [and from the removal of the shoe] (of their associates and eventually the associates of their associates] to marry in the market place without the removal of the shoe.", | |
"הלכו הצרות – of women forbidden to a man on account of consanguinity", | |
"ונשאו – in the marketplace", | |
"ונמצאו – these women forbidden to a man on account of consanguinity אילוניות – And the matter was discovered that they were betrothed in error to the dead man, and it was found that these were not their associates and that these women forbidden to a man on account of consanguinity were not exempted from the ceremony of her removing the shoe of her dead-husband’s brother who refused to marry her.", | |
"תצא מזה – from the husband that she had been married to and from the Yabam (the brother of the dead-husband, since she had had no issue from her husband). -", | |
"וכל הדברים האלו בה – And in [Tractate] Yevamot, we establish it according to Rabbi Akiba who said that there is are illegitimate children from the violation of negative commandments, but it is not the Halakha." | |
], | |
[ | |
"ונשאת לאחר – since we establish for us that the sexual act of the one exempts her associate co-wife.", | |
"ונמצאת זו – who had been married by the dead-husband’s brother was found to be incapable of bearing children, her act of marrying her dead-husband’s brother is not effective, and she did not exempt her associate wives and went to the marketplace to get married without the ceremony of the removal of the shoe of her dead-husband’s brother [who refused to marry her].", | |
"תצא מזה ומזה – [she should leave] this husband and from her first brother-in-law." | |
], | |
[ | |
"כתב סופר גט לאיש – [in order to] divorce his wife with it [the Jewish bill of divorce]", | |
"ושובר לאשה – [the receipt] that she will deliver to her husband when he has paid off her Ketubah.", | |
"וטעה הסופר – when he delivered the documents to them", | |
"ונתן גט לאשה ושובר לאיש – and they (i.e., the now-supposedly former husband and supposedly former wife) delivered [the appropriate documents] each to the other, and she went and married [someone else] thinking that this was the Jewish bill of divorce that her husband delivered to her and this one (i.e., the husband) thought that his wife had delivered him the receipt. And Maimonides has the reading: “and he (i.e., the scribe) gave the Jewish bill of divorce to the man and the receipt to the woman, and he explains [the word] “ונתן /and he gave” that he (i.e., the scribe) thought that he gave the Jewish bill of divorce to the man and the receipt to the woman but [in reality] he did the exact opposite, and this is [a] forced [interpretation].", | |
"אם לאלתר – all the while that she did not marry, the Jewish bill of divorce left the hands of the husband", | |
"אינו גט – and she requires a new Jewish bill of divorce", | |
"ואם לאחר שנשאת – behold, this is a [legitimate] Jewish bill of divorce", | |
"לא כל הימנו – Everything is not according to the words of the first husband to believe him.", | |
"לאבד זכותו של שני – [of the second husband] that she married, for we say that there was a conspiracy between them and they switched the documents after she had married. And the Halakha is according to Rabbi Eliezer" | |
], | |
[ | |
"ולנה עמו בפונדקי – and there are witnesses testifying of the privacy between a man and a woman there but there are no witnesses there for the actual sexual act. The School of Hillel holds that the witnesses testifying to the privacy between a man and a woman are the very same individuals who testify about the actual sexual act, for the presumption is that nobody wants to make his intercourse with a woman one of prostitution (but wants to make her his wife thereby –see Talmud Ketubot 73a), for he has betrothed her with his sexual act. And the School of Shammai holds that they don’t say that the witnesses testifying the privacy between a man and a woman are not the very same individuals who testify about the actual sexual act, until she demonstrates that she has engaged in sexual relations.", | |
"גט קרח – [a Jewish bill of divorce that lacks signatures on each of its folds] – that its folds are greater than its witnesses (see the next Mishnah for this definition), for the Rabbis decreed a folded [bill of divorce] document because of impetuous Kohanim who would suddenly write a Jewish bill of divorce for their wives and then regret it and they would not be able to restore them [as their wives] (since Kohanim are prohibited, according to the Torah, to marry a divorcee), and they (i.e., the Rabbis) decreed for them a folded Jewish bill of divorce, which is not easy to write quickly, lest while it is [being written], he becomes appeased. Hence, they write one or two lines and wrap them on the blank part and sew it/fasten it and one witness affixes his signature on the outside part of the fold, and then he returns and writes two or more lines from inside and folds them on the blank part, and the other witnesses affixes his signature on the outside part of the fold, and similarly [for] the third witness. But if there is a fold that is binding them without the signature of a witness from the back, it is a Jewish bill of divorce lacking signatures on each of its fold and is invalid. For by definition, for the number of folds should be the number of witnesses, ab initio, for we are concerned that perhaps the husband said to them: “you will all affix your signatures,” but one witness did not affix his signature, and if the woman married with this Jewish bill of divorce, she should leave both this one (i.e., her new husband) as well as that one {i.e., her former husband). And all of these foregoing conditions apply to her. And our Mishnah is according to Rabbi Meir who said that whomever changes from the formula that our Sages established (see Talmud Gittin 5b), In Jewish bills of divorce, the offspring are illegitimate. But this is not the Halakha." | |
], | |
[ | |
"הכל משלימין עליו – and even a slave, and even someone who is ineligible to provide testimony on account of sin.", | |
"אלא קרוב שהוא ראוי להעיד בעדות אחרת – for he doesn’t have disqualification to give testimony other than for those near. But a slave or a thief cannot. A slave, - perhaps he will come to bring up genealogical connections; and a thief, perhaps he will come to say that he effectuated repentance; but someone related, everyone knows concerning him that he is a relative, and the Halakah is according to Ben Nanas that anyone may complete it. Nevertheless, only one ineligible witness may affix his signature upon it, and all the rest, require that all of them are valid [witnesses]." | |
] | |
], | |
[ | |
[ | |
"המגרש...רבי אליעזר מתיר – The reason of Rabbi Eliezer, as is written (concerning the laws of the Kohanim) (Leviticus 21:7): “nor shall they marry one divorced from her husband. [For they are holy to their God].” Even if they were not divorced from other than their husband, since he said to her: You are divorced from me, but you are not permitted to all [other] men, is for she is forbidden to the priesthood. So we see that it is a Jewish bill of divorce, and here she is permitted to any men except from this, she is permitted to others.", | |
"וחכמים אוסרים – since they say that the prohibition of the priesthood is different. For the Biblical verse has increased for them (i.e., the priesthood) additional commandments, and even though that the Jewish bill of divorce would make her ineligible to the priesthood, it would not be a Jewish bill of divorce that would permit her to others. And the Halakah is according to the Sages. But the Rabbis did not forbid other than when he said: “You are permitted to all other men other than so-and-so.” The Rabbis admit that it is a Jewish bill of divorce in that it permitted her to all men through the delivery of the Jewish bill of divorce, but that he made a condition with her that she would not marry that particular individual, for it would be like other kinds of conditions in general. But the Rabbis forbade the one who divorces to say: “Behold, this is your Jewish bill of divorce on the condition that you should marry so-and-so,” so that they would not say that they give their wives to one another as gifts. And every condition that a person makes with regard to a Jewish bill of divorce prior to the writing of the Jewish bill of divorce, even though the condition is not written within it, the Jewish bill of divorce is invalid, but after it was given to her in her hand, he can make whatever condition he wishes to make." | |
], | |
[ | |
"אלמנה לכהן גדול – since the betrothal takes legal effect when violating negative commandments, for in those [mentioned in the Mishnah] do not take legal effect due because of the prohibition of marital state within it; It is to be forgotten if he left it in the Jewish bill of divorce." | |
], | |
[ | |
"גופו של גט – the essence of the writing of the Jewish bill of divorce, such they should write in it.", | |
"ודין די יהוי ליכי מינאי – it is necessary to prove in its interior that via this “book,” he divorces her, for it he not written this in it, people would come to say that through mere speech he divorced her and the document is mere proof. And the Halakha is according to Rabbi Yehuda." | |
], | |
[ | |
"כתב בכתב ידו ואין עליו עדים – For Rabbi Meir who said that the witnesses who affix their signatures [to the Jewish bill of divorce] make the divorce final, one’s signature is considered like one-hundred witnesses. But for Rabbi Eliezer who says that the witnesses who deliver [the Jewish bill of divorce] make the divorce final, since it is his handwriting, and the Biblical text reads (Deuteronomy 24:1): “and he writes [her a bill of divorcement, hands it [to her]…,” and even though the witnesses who deliver the [Jewish bill of divorce] are not valid from the Torah and the Sages invalidated it lest they come to make it fit through the writing of the scribe.", | |
"ואין בו זמן – for the date is an ordinance of the Rabbis, whether because of the usufruct or because lest he is partial over his sister’s daughter, as we said in the second chapter.", | |
"ואין בו אלא עד אחד – there is, according to the one who says that it refers to his handwriting, and the first part of our Mishnah comes to teach us that even if there is no witnesses [that has signed the Jewish bill of divorce], the child is valid. And here it comes to teach us that even when there is ab initio, one witness [whose signature is affixed], it is not valid. And according to the one who says that it refers to the handwriting of the scribe, even so, the offspring is valid, for the scribe is in place of the second witness.", | |
"תקון עולם – lest the witnesses to the delivery [of the Jewish bill of divorce] die and the husband comes and raises a complaint saying that I did not divorce her. And the Halakha is according to Rabbi Eliezer." | |
], | |
[ | |
"שני גיטין שוין – in their names", | |
"הרי השני בטל – for we don’t know whom he is", | |
"כלל – one time for all of them, on such-and-such day of the week, so-and-so divorced this woman and that person divorced the other person.", | |
"טופס לכל אחת – a particular time to each one, on such-and-such a day of the week, a certain man divorced a certain woman and completed [the writing of] the Jewish bill of divorcer. And on such -and-such a day of the week a certain man divorced a certain woman and completed the Jewish bill of divorce, and similarly for all of them. And the witnesses [sign] below at the bottom." | |
], | |
[ | |
"כשני דפין שכתבן – on two pages this one on the side of the other, and two Hebrews inscribing their signatures under the first Jewish bill of divorce to under the second [Jewish bill of divorce]. The name of the first witness is under the first [Jewish bill of divorce] and the name of his father is under the second {Jewish bill of divorce], and similarly, the seonc witness underneath him. And afterwards, they went back and had two Israelites who live in the land of Greece, who signed in Greek writing , and the manner of Greek writing is that it goes from left to rightg, so that we would find the name of the witness under the second [Jewish bill of divorce] and the name of his father under the first [Jewish bill of divorce].", | |
"את שהעדים הראשונים נקראים עמו כשר – if the Hebrews who affixed their signatures above, for it is the manner of Hebrew writing that it goes from the right to the left, and we find the name of the witness underneath the right-hand Jewish bill of divorce, and the name of his father underneath the left-hand Jewish bill of divorce, the right-hand [Jewish bill of divorce] is valid. But if the Greek signatures [are found] above, the left-hand [Jewish bill of divorce] is valid, for the names of the witnesses are under the left-hand [Jewish bill of divorce]. And the reason for this is that we suspect lest the latter witnesses swriched their writing to the order/manner of the first set of witnesses, for if the Hebrew [writers] were above , which they go from the right to the left and they affixed their signatures on the right-hand Jewish bill of divorce, when the two Greek [Jews] came to affix their signatures underneath theirs, they also went from the right to the left, like the order of Hebrew writing. And we found that all four of them affixed their signatures on the right-hand Jewish bill of divorce. And similarly, if the Greek [Jews] had affixed their signatures above , lest the Hebrew writers who came after them switched the order of their Hebrew writing, and went from the left to the right, so that it was found that all four of them affixed their signatures on the left-side [Jewish bill of divorce].", | |
"ה\"ג עד אחד עברי ועד אחד יוני, ועד אחד עברי ועד אחד יוני באים מתחת זה לתחת זה שניהם פסולין – And the reason is that we suspect lest the Hebrew [writing] witness affixed his signature on the first right-hand side Jewish bill of divorce, according to the manner of Hebrew writing, and the Greek [Jewish] second witness affixed his signature on the second left-hand side Jewish bill of divorce, according to the manner of Greek writing which begins from the left, but the third Hebrew witness, switched the Hebrew writing and also began from the left like the Greek [Jew] before him, and it was found that he too had his signature affixed on the left-side Jewish bill of divorce; but the final Greek [Jewish] witness had his signature affixed in his [normal] manner, from the left to the right, and he too had his signature affixed on the left-side Jewish bill of divorce; hence it was found that three witnesses had their signatures affixed on the left-side Jewish bill of divorce, with only one [witness] with his signature affixed on the right-side [Jewish bill of divorce]. Or the opposite, where the second Greek witness, reversed his writing to the order of Hebrew writing and began from the right to the left like the first Hebrew witness who affixed his signature, and the third Hebrew witness affixed his signature as per his manner from the right-side, and we found that three of them had affixed their signatures on the first right-side Jewish bill of divorce, but the final Greek [Jewish] witness alone affixed his signature as per his manner on the left-hand side Jewish bill of divorce. And because we do not know upon which of them three of them affixed their signatures and which of them only one of them affixed his signature, both [Jewish bills of divorce] are invalid." | |
], | |
[ | |
"בדף השני – which near on the width of the scroll", | |
"מן הצד – on the margin on the right side of the Jewish bill of divorce or on he left-hand margin.", | |
"או מאחוריו בגט פשוט – that its witnesses are inside it", | |
"הקיף – attached this one next to that one", | |
"שניהם פסולים – for it is not called “affixing one’s signature” neither with this one or with that one.", | |
"את שהעדים נקרין בסופו – he made a mistake while affixing his signature towards the end, but if the feet of the signature are not facing towards the head, it is valid." | |
], | |
[ | |
"כתב סופר ועד – the scribe affixed his signature as a witness , for they had two witnesses, and our Mishnah comes to teach us that we don’t suspect lest the husband did not command the scribe to affix his signature but said to two [individuals]: “say to the scribe and he will write,” and to so-and-so and another person [will be] witnesses and they will affix their signatures to it, and these witnesses were suspect and put to the shame by the scribe who would say: “I am not valid in his (i.e., the husband’s) eyes and I will affix my signature to it without the permission of the husband.” To that we do not suspect.", | |
"חניכתו – the accompanying name of the family", | |
"מעושה – with force", | |
"בישראל כשר – if they forced him in court, such as all of those where they force him to divorce, or that she was forbidden to him, and if they forced him inappropriately, it is invalid, and disqualifies to marry into the priesthood because of the slight resemblance to a Jewish bill of divorce", | |
"ובנכרי – according to law, it is invalid and disqualifies from marrying into the priesthood; and in appropriate, even it does not have the slightest resemblance to a Jewish bill of divorce (by which the woman concerned might be precluded from marrying a Kohen); and whomever is liable to give a Jewish bill of divorce according to the law, and there is no power in the Jewish judges to force him, but when the gentile authorities bind him over and say: do as the Israelites tell you, and he gives the Jewish bill of divorce according to the judges of Israel." | |
], | |
[ | |
"יצא שמה בעיר מקודשת – a free woman where a voice went forth about her: “so-and-so became betrothed today to a certain man, and not only an indistinct rumor (see Gittin 89a) but such as where candles were kindled and beds were made, and people would come and go and say,”so-and-so became betrothed today.”", | |
"מגורשת -הרי זו מגורשת – It is referring to the first part of the Mishnah – where this woman upon whom a voice went out that she is betrothed and we are concerned for him and prohibit her to marry anyone other than to that man. And if he returned and a voice went out about her that she is divorced, for that same individual with whom a voice went out that she had become betrothed , she is divorced and permitted to all, for the voice that we were suspect of at first, his receipt is with him.", | |
"ובלבד שלא יהא שם כמתלא – as long as there is not with the voice of [her] betrothal or the voice of [her] divorce providing no reasonable explanation to show how the report may have arisen by mistake." | |
], | |
[ | |
"אפילו הקדיחה תבשילו – she burned it by fire or by salt. For the School of Hillel explains ערות דבר/something obnoxious about her (Deuteronomy 24:1) as either obnoxious or something, that is to say, like the rest of offensive [matters] which are not unchastity.", | |
"רבי עקיבא אומר: אפילו מצא אחרת נאה ממנה – And he explains the verse in this way: if she will not find grace of beauty in his eyes, or if he found in her something unseemly, or a matter of something offensive. On each one of these three things, he can divorce her, and the Halakha is according to the School of Hillel" | |
] | |
] | |
], | |
"sectionNames": [ | |
"Chapter", | |
"Mishnah", | |
"Comment" | |
] | |
} |