bill

HALAKHAH: “Somebody who brings a bill of divorce from the Land of Israel,” etc. Who protests? Rav Ḥisda said, the husband protests. Rebbi Yose said, the buyers protest, lest she repossess from them. Rebbi asked: So far a protest which does not concern the text of the bill. A protest which concerns the text of the bill is in dispute between Rebbi Joḥanan and the rabbis there. In the opinion of the rabbis there, there is no difference to a protest concerning or not concerning the body of the bill. A protest not concerning the text of the bill is void, a protest concerning the text of the bill is valid.

HALAKHAH: “Somebody who brings a bill of divorce from the Land of Israel,” etc. Who protests? Rav Ḥisda said, the husband protests. Rebbi Yose said, the buyers protest, lest she repossess from them. Rebbi asked: So far a protest which does not concern the text of the bill. A protest which concerns the text of the bill is in dispute between Rebbi Joḥanan and the rabbis there. In the opinion of the rabbis there, there is no difference to a protest concerning or not concerning the body of the bill. A protest not concerning the text of the bill is void, a protest concerning the text of the bill is valid.

HALAKHAH: “Somebody who brings a bill of divorce from the Land of Israel,” etc. Who protests? Rav Ḥisda said, the husband protests. Rebbi Yose said, the buyers protest, lest she repossess from them. Rebbi asked: So far a protest which does not concern the text of the bill. A protest which concerns the text of the bill is in dispute between Rebbi Joḥanan and the rabbis there. In the opinion of the rabbis there, there is no difference to a protest concerning or not concerning the body of the bill. A protest not concerning the text of the bill is void, a protest concerning the text of the bill is valid.

As it was stated: “If somebody brings a bill of divorce from overseas which was not written and signed in his presence, he returns the bill to its place of origin, presents it to a court and has its signatures notarized. Then he does not have so say, ‘it was written and signed before me’, but he says, ‘I am deputized by the court.’ ”

As it was stated: “If somebody brings a bill of divorce from overseas which was not written and signed in his presence, he returns the bill to its place of origin, presents it to a court and has its signatures notarized. Then he does not have so say, ‘it was written and signed before me’, but he says, ‘I am deputized by the court.’ ”

MISHNAH: Any document signed by a Samaritan is invalid, except bills of divorce and bills of manumission. It happened that they brought before Rabban Gamliel at Kefar Othnay a bill of divorce whose witnesses were Samaritans and he declared it valid. All documents confirmed by a Gentile recorder’s office are valid, even if they are signed by Gentiles, except bills of divorce and bills of manumission. Rebbi Simeon says, all are valid; they said it only when they were made by private persons.

MISHNAH: If one says, “give this bill of divorce to my wife or this document of manumission to my slave,” if he wants to change his mind in either case he can retract, the words of Rebbi Meïr. But the Sages say, only for women’s bills of divorce but not for slaves’ documents of manumission because one may bestow benefit on a person in his absence but put a detriment on him only in his presence; for if one chooses not to sustain his slave, he has the right not to do so, but not to sustain his wife he has no right. He said to them, but he disqualifies his slave for heave the same way he disqualifies his wife! They answered him, because he is his property. If one says, “give this bill of divorce to my wife or this document of manumission to my slave” and dies, they shall not be delivered after his death; “give this mina to Mr. X” and dies, they shall deliver it after his death.

MISHNAH: If one says, “give this bill of divorce to my wife or this document of manumission to my slave,” if he wants to change his mind in either case he can retract, the words of Rebbi Meïr. But the Sages say, only for women’s bills of divorce but not for slaves’ documents of manumission because one may bestow benefit on a person in his absence but put a detriment on him only in his presence; for if one chooses not to sustain his slave, he has the right not to do so, but not to sustain his wife he has no right. He said to them, but he disqualifies his slave for heave the same way he disqualifies his wife! They answered him, because he is his property. If one says, “give this bill of divorce to my wife or this document of manumission to my slave” and dies, they shall not be delivered after his death; “give this mina to Mr. X” and dies, they shall deliver it after his death.

HALAKHAH: If one says, “give this bill of divorce to my wife,” etc. Elsewhere you say that “give” means “bring”, but here you say that “give” means “acquire”! So is the Mishnah: “Acquire this bill of divorce for my wife; acquire this document of manumission for my slave.” The formulation of the Mishnah says so: “Because one may bestow benefit on a person in his absence but put a detriment on a person only in his presence.” Rebbi Meïr says, it is a detriment for either of them, but the Sages say it is a benefit for the slave but a detriment for the wife. Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan asked: Think of it, if he was the slave of a rich person, would it not be a detriment for the slave? The colleagues said, Rebbi Joḥanan asked: Think of it, if she was the wife of a man suffering from boils, would it not be a benefit for the woman? You have only the following: If one sells his slave without the latter’s knowledge, is the sale of the slave not valid? If one divorces his wife without her knowledge, is the divorce valid because she was acquired by him? Rebbi Abin said, he is his property but he disqualifies him for heave.

HALAKHAH: If one says, “give this bill of divorce to my wife,” etc. Elsewhere you say that “give” means “bring”, but here you say that “give” means “acquire”! So is the Mishnah: “Acquire this bill of divorce for my wife; acquire this document of manumission for my slave.” The formulation of the Mishnah says so: “Because one may bestow benefit on a person in his absence but put a detriment on a person only in his presence.” Rebbi Meïr says, it is a detriment for either of them, but the Sages say it is a benefit for the slave but a detriment for the wife. Rebbi Ḥiyya bar Abba said, Rebbi Joḥanan asked: Think of it, if he was the slave of a rich person, would it not be a detriment for the slave? The colleagues said, Rebbi Joḥanan asked: Think of it, if she was the wife of a man suffering from boils, would it not be a benefit for the woman? You have only the following: If one sells his slave without the latter’s knowledge, is the sale of the slave not valid? If one divorces his wife without her knowledge, is the divorce valid because she was acquired by him? Rebbi Abin said, he is his property but he disqualifies him for heave.

MISHNAH: If somebody brings a bill of divorce from overseas and says, “it was written before me,” but not “it was signed before me,” or “it was signed before me” but not “it was written before me”, “it was written before me but signed only partially before me”, “it was partially written before me but signed completely before me”, it is invalid. If one said “it was written before me” and another “it was signed before me”, it is invalid; if two people say, “it was written before us” but only one says, “it was signed before me,” it is invalid; but Rebbi Jehudah declares it valid. If one says, “it was written before me” but two say, “it was signed before us,” it is valid.

HALAKHAH: “If somebody brings a bill of divorce from overseas,” etc. One understands “it was written before me” but not “it was signed before me”, but “it was signed before me” but not “it was written before me”? Is not a bill of divorce validated by its signatures? That must follow Rebbi Jehudah, for Rebbi Jehudah invalidates forms. Following Rebbi Jehudah outside the Land as for one who divorces in the Land of Israel. Are there forms of bills of divorce outside the Land for divorces outside the Land? It is necessary for him to know that it is a bill of divorce and that he be appointed as an agent; he would not know that it was a bill of divorce unless it was written completely before him. Rebbi Ḥanin stated: It is permitted that he enter and leave.

HALAKHAH: “If somebody brings a bill of divorce from overseas,” etc. One understands “it was written before me” but not “it was signed before me”, but “it was signed before me” but not “it was written before me”? Is not a bill of divorce validated by its signatures? That must follow Rebbi Jehudah, for Rebbi Jehudah invalidates forms. Following Rebbi Jehudah outside the Land as for one who divorces in the Land of Israel. Are there forms of bills of divorce outside the Land for divorces outside the Land? It is necessary for him to know that it is a bill of divorce and that he be appointed as an agent; he would not know that it was a bill of divorce unless it was written completely before him. Rebbi Ḥanin stated: It is permitted that he enter and leave.

HALAKHAH: “If somebody brings a bill of divorce from overseas,” etc. One understands “it was written before me” but not “it was signed before me”, but “it was signed before me” but not “it was written before me”? Is not a bill of divorce validated by its signatures? That must follow Rebbi Jehudah, for Rebbi Jehudah invalidates forms. Following Rebbi Jehudah outside the Land as for one who divorces in the Land of Israel. Are there forms of bills of divorce outside the Land for divorces outside the Land? It is necessary for him to know that it is a bill of divorce and that he be appointed as an agent; he would not know that it was a bill of divorce unless it was written completely before him. Rebbi Ḥanin stated: It is permitted that he enter and leave.

HALAKHAH: “If somebody brings a bill of divorce from overseas,” etc. One understands “it was written before me” but not “it was signed before me”, but “it was signed before me” but not “it was written before me”? Is not a bill of divorce validated by its signatures? That must follow Rebbi Jehudah, for Rebbi Jehudah invalidates forms. Following Rebbi Jehudah outside the Land as for one who divorces in the Land of Israel. Are there forms of bills of divorce outside the Land for divorces outside the Land? It is necessary for him to know that it is a bill of divorce and that he be appointed as an agent; he would not know that it was a bill of divorce unless it was written completely before him. Rebbi Ḥanin stated: It is permitted that he enter and leave.

If there were four signatures and he said, “it was written and signed by two witnesses before me; I do not know anything about the other two.” That is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, who disagreed: If he said to ten people, sign the bill of divorce, and some signed on that day and some the next day. Rebbi Simeon ben Laqish said, it is valid, for the remainder are only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day.

Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.

Rebbi Joḥanan said, Rebbi Simeon stated this only for the night; but on the next day even Rebbi Simeon will agree. But Rebbi Simeon ben Laqish said, there is no difference, whether night, or the next day, or after many days. What is the next day? Rebbi Ḥanania and Rebbi Mana, one said the next day, the other said the day after the next. The statement of Rebbi Joḥanan about Rebbi Simeon (ben Laqish) is difficult! So says Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon (ben Laqish) agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if there are no witnesses signed on it, it is valid, so Rebbi Simeon said, even if there are no witnesses signed on it, it is valid. Rebbi Samuel, the brother of Rebbi Berekhiah, said: Here, if he wants the document to be signed, there if she does not want the document to be signed. If he said to ten people, sign the bill of divorce, and some signed today and some the next day. Rebbi Simeon ben Laqish said, it is valid for the remainder [are signing] only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Jacob bar Idi in the name of Rebbi Joshua ben Levi: There was a case that one said to ten people, sign the bill of divorce, and some signed on that day and some the next day. The case came before the rabbis who reluctantly declared it valid. This supports Rebbi Joḥanan from the position of the rabbis and disagrees with Rebbi Simeon. This supports Rebbi Simeon ben Laqish from the position of Rebbi Simeon and disagrees with the rabbis.

“This is your bill of divorce on condition that you give it to me,” is invalid. “On condition that you return it to me,” is valid. Is that not the prior case? Rebbi Yose said, after you went to court. Rebbi Yose ben Rebbi Abun said, “after you have acquired all the rights for which it was made, return it to me.” Similar to that: Etrogim were scarce over there. Rav Naḥman bar Jacob gave an etrog to his son and said to him, if you have acquired it and fulfilled its obligation, return it to me.

“On a cow’s horn.” The Mishnah in case he says to her, here is your bill of divorce. But if he says to her, here is your bill of divorce and the remainder is for your ketubah, her bill of divorce and the payment of her ketubah were received together. If he said to her, here is your bill of divorce and the payment of your ketubah together? Rebbi Ezra asked before Rebbi Mana: If he delivered the halter to her, what? In commercial law, the buy is acquired, do you say so here? Or is it a difference since it is written: “he shall deliver into her hand,” until it is completely in her hand!

“On a cow’s horn.” The Mishnah in case he says to her, here is your bill of divorce. But if he says to her, here is your bill of divorce and the remainder is for your ketubah, her bill of divorce and the payment of her ketubah were received together. If he said to her, here is your bill of divorce and the payment of your ketubah together? Rebbi Ezra asked before Rebbi Mana: If he delivered the halter to her, what? In commercial law, the buy is acquired, do you say so here? Or is it a difference since it is written: “he shall deliver into her hand,” until it is completely in her hand!

“On a cow’s horn.” The Mishnah in case he says to her, here is your bill of divorce. But if he says to her, here is your bill of divorce and the remainder is for your ketubah, her bill of divorce and the payment of her ketubah were received together. If he said to her, here is your bill of divorce and the payment of your ketubah together? Rebbi Ezra asked before Rebbi Mana: If he delivered the halter to her, what? In commercial law, the buy is acquired, do you say so here? Or is it a difference since it is written: “he shall deliver into her hand,” until it is completely in her hand!

“On a cow’s horn.” The Mishnah in case he says to her, here is your bill of divorce. But if he says to her, here is your bill of divorce and the remainder is for your ketubah, her bill of divorce and the payment of her ketubah were received together. If he said to her, here is your bill of divorce and the payment of your ketubah together? Rebbi Ezra asked before Rebbi Mana: If he delivered the halter to her, what? In commercial law, the buy is acquired, do you say so here? Or is it a difference since it is written: “he shall deliver into her hand,” until it is completely in her hand!

MISHNAH: Everybody is acceptable to write the bill of divorce, even an insane, a deaf-and-dumb, or a minor. The wife may write her bill of divorce and a man his receipt, for the certification of the bill of divorce is only effected by its signatures. Everybody is acceptable to bring the bill of divorce except an insane, a deaf-and-dumb, a minor, a blind person, or a Gentile.

MISHNAH: Everybody is acceptable to write the bill of divorce, even an insane, a deaf-and-dumb, or a minor. The wife may write her bill of divorce and a man his receipt, for the certification of the bill of divorce is only effected by its signatures. Everybody is acceptable to bring the bill of divorce except an insane, a deaf-and-dumb, a minor, a blind person, or a Gentile.

MISHNAH: Everybody is acceptable to write the bill of divorce, even an insane, a deaf-and-dumb, or a minor. The wife may write her bill of divorce and a man his receipt, for the certification of the bill of divorce is only effected by its signatures. Everybody is acceptable to bring the bill of divorce except an insane, a deaf-and-dumb, a minor, a blind person, or a Gentile.

MISHNAH: Everybody is acceptable to write the bill of divorce, even an insane, a deaf-and-dumb, or a minor. The wife may write her bill of divorce and a man his receipt, for the certification of the bill of divorce is only effected by its signatures. Everybody is acceptable to bring the bill of divorce except an insane, a deaf-and-dumb, a minor, a blind person, or a Gentile.

HALAKHAH: “Everybody is acceptable to write the bill of divorce,” etc. Rav Huna said, only if a sane person watches over them. Rebbi Joḥanan asked: But is it not written: “He shall write for her,” in her name? Samuel said, it is necessary that one reserve the essential text for him. This follows what Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid.

HALAKHAH: “If the minor received it and became an adult,” etc. There came a case before Rebbi Immi that a slave brought a bill of divorce; [he declared it] valid. Rebbi Abba said to him, did not Rebbi Ḥiyya state that if a slave brought a bill of divorce, it would be invalid? Rebbi Assi said, if not for Rebbi Abba, we would have permitted a married woman! Even if you say that Rebbi Assi did not accept what Rebbi Ḥiyya stated, did he not accept what the rabbis said? Let us hear from the following which Rebbi Ze‘ira, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: It is reasonable that a slave could accept a bill of manumission [for delivery] but he should not accept [a bill of divorce] as we do. They thought, he formulated “he should not accept,” therefore, if he transgressed and accepted, it would be valid. Rebbi Jacob bar Aḥa in the name of Rav Hoshaiah: It happened that she was a Cohen’s wife and they were not afraid of a hint of invalidity.

HALAKHAH: “If the minor received it and became an adult,” etc. There came a case before Rebbi Immi that a slave brought a bill of divorce; [he declared it] valid. Rebbi Abba said to him, did not Rebbi Ḥiyya state that if a slave brought a bill of divorce, it would be invalid? Rebbi Assi said, if not for Rebbi Abba, we would have permitted a married woman! Even if you say that Rebbi Assi did not accept what Rebbi Ḥiyya stated, did he not accept what the rabbis said? Let us hear from the following which Rebbi Ze‘ira, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: It is reasonable that a slave could accept a bill of manumission [for delivery] but he should not accept [a bill of divorce] as we do. They thought, he formulated “he should not accept,” therefore, if he transgressed and accepted, it would be valid. Rebbi Jacob bar Aḥa in the name of Rav Hoshaiah: It happened that she was a Cohen’s wife and they were not afraid of a hint of invalidity.

HALAKHAH: “If the minor received it and became an adult,” etc. There came a case before Rebbi Immi that a slave brought a bill of divorce; [he declared it] valid. Rebbi Abba said to him, did not Rebbi Ḥiyya state that if a slave brought a bill of divorce, it would be invalid? Rebbi Assi said, if not for Rebbi Abba, we would have permitted a married woman! Even if you say that Rebbi Assi did not accept what Rebbi Ḥiyya stated, did he not accept what the rabbis said? Let us hear from the following which Rebbi Ze‘ira, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: It is reasonable that a slave could accept a bill of manumission [for delivery] but he should not accept [a bill of divorce] as we do. They thought, he formulated “he should not accept,” therefore, if he transgressed and accepted, it would be valid. Rebbi Jacob bar Aḥa in the name of Rav Hoshaiah: It happened that she was a Cohen’s wife and they were not afraid of a hint of invalidity.

HALAKHAH: “If the minor received it and became an adult,” etc. There came a case before Rebbi Immi that a slave brought a bill of divorce; [he declared it] valid. Rebbi Abba said to him, did not Rebbi Ḥiyya state that if a slave brought a bill of divorce, it would be invalid? Rebbi Assi said, if not for Rebbi Abba, we would have permitted a married woman! Even if you say that Rebbi Assi did not accept what Rebbi Ḥiyya stated, did he not accept what the rabbis said? Let us hear from the following which Rebbi Ze‘ira, Rebbi Ḥiyya said in the name of Rebbi Joḥanan: It is reasonable that a slave could accept a bill of manumission [for delivery] but he should not accept [a bill of divorce] as we do. They thought, he formulated “he should not accept,” therefore, if he transgressed and accepted, it would be valid. Rebbi Jacob bar Aḥa in the name of Rav Hoshaiah: It happened that she was a Cohen’s wife and they were not afraid of a hint of invalidity.

MISHNAH: Even women who cannot be believed if they say that [a woman’s] husband died are trustworthy to bring her bill of divorce: Her mother-in-law, her mother-in-law’s daughter, her co-wife, her sister-in-law, and her husband’s daughter. What is the difference between divorce and death? The writing is the proof. A woman may herself bring her own bill of divorce, but she still is required to say that it was written and signed before her.

MISHNAH: Even women who cannot be believed if they say that [a woman’s] husband died are trustworthy to bring her bill of divorce: Her mother-in-law, her mother-in-law’s daughter, her co-wife, her sister-in-law, and her husband’s daughter. What is the difference between divorce and death? The writing is the proof. A woman may herself bring her own bill of divorce, but she still is required to say that it was written and signed before her.

MISHNAH: Every bill of divorce which was not written for a particular wife is invalid. How? If one was walking in the market and heard the scribes dictating “Mr. X divorces his wife Y from place Z” and said, these are mine and my wife’s names, it is invalid and cannot be used to divorce by. In addition, if he wrote [a bill] to divorce his wife but had second thoughts, and a fellow townsman came and said to him, my name is identical with yours and my wife’s name is identical with your wife’s, it is invalid and cannot be used to divorce by. In addition, if he had two wives with identical names and wrote a document to divorce the older one by, he cannot use it to divorce the younger. In addition, if he said to the scribe: write that I may divorce either one I wish, it is invalid and cannot be used to divorce either one.

MISHNAH: Every bill of divorce which was not written for a particular wife is invalid. How? If one was walking in the market and heard the scribes dictating “Mr. X divorces his wife Y from place Z” and said, these are mine and my wife’s names, it is invalid and cannot be used to divorce by. In addition, if he wrote [a bill] to divorce his wife but had second thoughts, and a fellow townsman came and said to him, my name is identical with yours and my wife’s name is identical with your wife’s, it is invalid and cannot be used to divorce by. In addition, if he had two wives with identical names and wrote a document to divorce the older one by, he cannot use it to divorce the younger. In addition, if he said to the scribe: write that I may divorce either one I wish, it is invalid and cannot be used to divorce either one.

HALAKHAH: “Every bill of divorce which was not written for a particular wife,” etc. Who is dictating? School teachers. What means “in addition”? There it was not written as a bill of divorce but here it was written as a bill of divorce. What means “in addition”? There it was written neither in his name nor in her name but here it was written in his name but not in her name. What means “in addition”? There it was written in his name but not in her name but here it was written in his name and in her name but it was not written for divorce from the start.

HALAKHAH: “Every bill of divorce which was not written for a particular wife,” etc. Who is dictating? School teachers. What means “in addition”? There it was not written as a bill of divorce but here it was written as a bill of divorce. What means “in addition”? There it was written neither in his name nor in her name but here it was written in his name but not in her name. What means “in addition”? There it was written in his name but not in her name but here it was written in his name and in her name but it was not written for divorce from the start.

HALAKHAH: “Every bill of divorce which was not written for a particular wife,” etc. Who is dictating? School teachers. What means “in addition”? There it was not written as a bill of divorce but here it was written as a bill of divorce. What means “in addition”? There it was written neither in his name nor in her name but here it was written in his name but not in her name. What means “in addition”? There it was written in his name but not in her name but here it was written in his name and in her name but it was not written for divorce from the start.

Rav said, none of these are invalid except for the last which is invalid. Issi said, all are invalid except for the first which is not invalid. Rebbi Abba bar Ḥinena said, all are invalid. The word of Rebbi Simeon ben Laqish implied that all are invalid since Rebbi Simeon ben Laqish said, if he wrote the essential text with the formula, it is invalid. The word of Rebbi Joḥanan implied that none are invalid since Rebbi Joḥanan said, if he wrote the essential text with the formula, it is valid. Does the word of Rebbi Eleazar imply that none are invalid? Since Rebbi Eleazar asked: if one wrote a bill of preliminary marriage not for a specific name, does preliminary marriage take hold? If he had a problem with divorce, would he ask about preliminary marriage? Since in the case of divorce, where the document is required to be for a specific name and he did not write for a specific name, divorce will not touch her, is it not logical that in the case of preliminary marriage, where a specific name is not required and he did not write for a specific name, preliminary marriage take hold with her? That should be obvious to him. Really, the following is obvious to him: Since one inferred the bill of preliminary marriage only from divorce, and in the case of divorce she is not divorced, in the case of preliminary marriage she is not preliminarily married.

Rav said, none of these are invalid except for the last which is invalid. Issi said, all are invalid except for the first which is not invalid. Rebbi Abba bar Ḥinena said, all are invalid. The word of Rebbi Simeon ben Laqish implied that all are invalid since Rebbi Simeon ben Laqish said, if he wrote the essential text with the formula, it is invalid. The word of Rebbi Joḥanan implied that none are invalid since Rebbi Joḥanan said, if he wrote the essential text with the formula, it is valid. Does the word of Rebbi Eleazar imply that none are invalid? Since Rebbi Eleazar asked: if one wrote a bill of preliminary marriage not for a specific name, does preliminary marriage take hold? If he had a problem with divorce, would he ask about preliminary marriage? Since in the case of divorce, where the document is required to be for a specific name and he did not write for a specific name, divorce will not touch her, is it not logical that in the case of preliminary marriage, where a specific name is not required and he did not write for a specific name, preliminary marriage take hold with her? That should be obvious to him. Really, the following is obvious to him: Since one inferred the bill of preliminary marriage only from divorce, and in the case of divorce she is not divorced, in the case of preliminary marriage she is not preliminarily married.

Rebbi Eleazar bar Yose asked before Rebbi Yose: Concerning what you say that one bill of divorce is invalid for two women, should not two bills of divorce be invalid for two women? He asked him, what is the question? He answered, did we not state: “If two people sent two [identical] bills of divorce which were intermingled, he gives both documents to both women.” There, it is a divorce for this one and a divorce for the other one; the mix-up caused [the problem]. But here, neither this one is divorced in her name nor is that one divorced in her name.

Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.

Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.

Rebbi Ḥanania in the name of Rebbi Abin bar Ḥiyya, [this is Rebbi’s opinion.] Rebbi Joḥanan said, and it was stated so: “All conditions invalidate a bill of divorce, the words of Rebbi. But the Sages say, what invalidates orally invalidates in writing, and what does not invalidate orally does not invalidate in writing.” “You are permitted to marry anybody except Mr. X,” because this invalidates orally it invalidates in writing. “This is your bill of divorce on condition that you give me 200 zuz”; because this does not invalidate orally it does not invalidate in writing. Rebbi Yudan said, when do they disagree? If he rescinded his condition. But if he did nor rescind his condition, even Rebbi agrees. Otherwise, we would have to say that all conditions which were stated for bills of divorce do not follow Rebbi. Rebbi Ḥinena said, there when he writes “on condition,” here if he gives “on condition.” Rebbi Ezra asked before Rebbi Mana: Does this imply that Rebbi does not recognize formulaic texts? He answered him, about whom do you ask? About Rebbi! He follows Rebbi Jehudah, for Rebbi Jehudah invalidates formulaic texts. Rebbi Simeon ben Laqish said, everybody agrees that all conditions invalidate a bill of divorce. There came a case before Rebbi Jeremiah and he acted following Rebbi Simeon ben Laqish. Rebbi Yose said to him, does one neglect Rebbi Joḥanan and act following Rebbi Simeon ben Laqish? He answered him, is Rebbi Joḥanan’s instruction an instruction but Rebbi Simeon ben Laqish’s instruction not an instruction? Rebbi Jacob bar Aḥa said, it is not that Rebbi Simeon ben Laqish disagrees with Rebbi Joḥanan, but he understood a baraita and acted accordingly. Rebbi Yose ben Rebbi Abun said, not that Rebbi Simeon ben Laqish fights against Rebbi Joḥanan when he disagrees with him only to extract a ruling from him. If he finds a baraita, he depends on it; if he does not find a baraita, he retracts his opinion before Rebbi Joḥanan’s opinion.

MISHNAH: If somebody transports a bill of divorce and loses it, if he finds it on the spot it is valid, otherwise it is invalid. If he finds it in a small bag or in a box, if he recognizes it, it is valid. If somebody transports a bill of divorce from an old or sick man, he delivers it to her under the presumption that the man is alive. The daughter of an Israel who is married to a Cohen and whose husband went overseas, may eat heave under the presumption that he is alive. If somebody sends his purification offering from overseas, it is sacrificed under the presumption that he is alive.

MISHNAH: If somebody transports a bill of divorce and loses it, if he finds it on the spot it is valid, otherwise it is invalid. If he finds it in a small bag or in a box, if he recognizes it, it is valid. If somebody transports a bill of divorce from an old or sick man, he delivers it to her under the presumption that the man is alive. The daughter of an Israel who is married to a Cohen and whose husband went overseas, may eat heave under the presumption that he is alive. If somebody sends his purification offering from overseas, it is sacrificed under the presumption that he is alive.

HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.

HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.

HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.

HALAKHAH: “If somebody transports a bill of divorce and loses it,” etc. What means “on the spot”? Rebbi Joḥanan said, as long as nobody passed by there. Rebbi Jacob bar Idi, Rebbi Simeon bar Abba in the name of Rebbi Joshua ben Levi: as long as three people did not pass by there. If a Gentile passed by there? Let us hear from the following: Abba bar bar Ḥana transported a bill of divorce; he lost it and a Saracen found it. The case came before Rebbi Joḥanan; they declared [the bill] valid. This means that if a Gentile passed by it is valid. Could we say that he had a mark to identify it? But was it not stated: There are no marks for bills of divorce. That is, if he said, two or three lines. But here, the ה in it had a spot. Rebbi Ezra asked before Rebbi Mana: Why is it invalid here? I say, it was another [husband] whose name was like his name. Think of it, if they checked out that entire place and did not find another man whose name was like his name! But it is because of the severity of adultery. But did we not state: “They went and found nobody but let his wife remarry; they went there, did not recognize him, and let his wife remarry”? Rebbi Mana told him: This man had two bills of divorce in his hand, one valid, the other invalid. He lost the valid one and threw away the invalid. When he found it, I say that what he found was the invalid bill.

But did we not state: From where that “if somebody says to his wife, this is your bill of divorce one hour before my death, or he says to his slave girl, this is the document of your manumission one hour before my death, each would be immediately forbidden to eat heave?” There, she is disabled immediately, but here she will only be disabled when he has died.

MISHNAH: If somebody is transporting a bill of divorce in the Land of Israel when he falls sick, he may send it by somebody else. If [the husband] had told him, take from her such and such, he cannot send it by somebody else since he does not want to see his valuables in somebody else’s hand.

HALAKHAH: “If somebody is transporting a bill of divorce in the Land of Israel when he falls sick,” etc. Because he falls sick; therefore not if he did not fall sick.

MISHNAH: If somebody transports a bill of divorce overseas and falls sick, he assembles a court to send it and declares before them: “it was written and signed before me.” The later messenger does not have to say: “it was written and signed before me,” but he says: “I am an agent of the court.

HALAKHAH: If somebody transports a bill of divorce overseas and falls sick,” etc. Rebbi Mana said, this is only necessary if he already has arrived in the Land of Israel. Lest you say, since he arrived in the Land of Israel it should be treated as a bill of divorce from the Land of Israel, and for bills of divorce from the Land of Israel one does not have to say: “it was written and signed before me.”

HALAKHAH: If somebody transports a bill of divorce overseas and falls sick,” etc. Rebbi Mana said, this is only necessary if he already has arrived in the Land of Israel. Lest you say, since he arrived in the Land of Israel it should be treated as a bill of divorce from the Land of Israel, and for bills of divorce from the Land of Israel one does not have to say: “it was written and signed before me.”

MISHNAH: If somebody sent a bill of divorce to his wife and caught up with the agent, or he sent another agent after him and said: the bill of divorce I gave you is annulled, it is annulled. If he met his wife or he sent an agent to her and said: the bill of divorce I sent to you is annulled, it is annulled. After the bill of divorce came into her possession, he no longer can annul it.

MISHNAH: If somebody sent a bill of divorce to his wife and caught up with the agent, or he sent another agent after him and said: the bill of divorce I gave you is annulled, it is annulled. If he met his wife or he sent an agent to her and said: the bill of divorce I sent to you is annulled, it is annulled. After the bill of divorce came into her possession, he no longer can annul it.

MISHNAH: If somebody sent a bill of divorce to his wife and caught up with the agent, or he sent another agent after him and said: the bill of divorce I gave you is annulled, it is annulled. If he met his wife or he sent an agent to her and said: the bill of divorce I sent to you is annulled, it is annulled. After the bill of divorce came into her possession, he no longer can annul it.

MISHNAH: If somebody sent a bill of divorce to his wife and caught up with the agent, or he sent another agent after him and said: the bill of divorce I gave you is annulled, it is annulled. If he met his wife or he sent an agent to her and said: the bill of divorce I sent to you is annulled, it is annulled. After the bill of divorce came into her possession, he no longer can annul it.

HALAKHAH: “If somebody sent a bill of divorce to his wife,” etc. This disagrees with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates the agent appointed by him by a declaration. He explains it by the stringency of the rules of incest. If he appointed an agent to deliver the bill of divorce, the latter has to deliver it in the presence of two [witnesses]; the agent is not counted as one of the two. If another agent went to invalidate the bill of divorce, he has to invalidate it in the presence of two [witnesses] and the agent is counted as one of the two. If he met him on the road and asked him, what about the bill of divorce I gave you? He answered, I delivered it to her. While they were talking there, he dropped it. He said, did you not tell me that you delivered it to her? He explained, I delivered it to her and she said, keep it for me. What? Can he be believed since it is in his power to divorce, or can he not be believed because it is in his hand? If the agent fell sick, how do you treat this? By the rules of divorces or the rules of preliminary marriages? By the rules of divorces one can divorce through the agency of anybody. By the rules of preliminary marriages one cannot preliminarily marry through the agency of anybody.

HALAKHAH: “If somebody sent a bill of divorce to his wife,” etc. This disagrees with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates the agent appointed by him by a declaration. He explains it by the stringency of the rules of incest. If he appointed an agent to deliver the bill of divorce, the latter has to deliver it in the presence of two [witnesses]; the agent is not counted as one of the two. If another agent went to invalidate the bill of divorce, he has to invalidate it in the presence of two [witnesses] and the agent is counted as one of the two. If he met him on the road and asked him, what about the bill of divorce I gave you? He answered, I delivered it to her. While they were talking there, he dropped it. He said, did you not tell me that you delivered it to her? He explained, I delivered it to her and she said, keep it for me. What? Can he be believed since it is in his power to divorce, or can he not be believed because it is in his hand? If the agent fell sick, how do you treat this? By the rules of divorces or the rules of preliminary marriages? By the rules of divorces one can divorce through the agency of anybody. By the rules of preliminary marriages one cannot preliminarily marry through the agency of anybody.

HALAKHAH: “If somebody sent a bill of divorce to his wife,” etc. This disagrees with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates the agent appointed by him by a declaration. He explains it by the stringency of the rules of incest. If he appointed an agent to deliver the bill of divorce, the latter has to deliver it in the presence of two [witnesses]; the agent is not counted as one of the two. If another agent went to invalidate the bill of divorce, he has to invalidate it in the presence of two [witnesses] and the agent is counted as one of the two. If he met him on the road and asked him, what about the bill of divorce I gave you? He answered, I delivered it to her. While they were talking there, he dropped it. He said, did you not tell me that you delivered it to her? He explained, I delivered it to her and she said, keep it for me. What? Can he be believed since it is in his power to divorce, or can he not be believed because it is in his hand? If the agent fell sick, how do you treat this? By the rules of divorces or the rules of preliminary marriages? By the rules of divorces one can divorce through the agency of anybody. By the rules of preliminary marriages one cannot preliminarily marry through the agency of anybody.

HALAKHAH: “If somebody sent a bill of divorce to his wife,” etc. This disagrees with Rebbi Joḥanan, since Rebbi Joḥanan said that a person invalidates the agent appointed by him by a declaration. He explains it by the stringency of the rules of incest. If he appointed an agent to deliver the bill of divorce, the latter has to deliver it in the presence of two [witnesses]; the agent is not counted as one of the two. If another agent went to invalidate the bill of divorce, he has to invalidate it in the presence of two [witnesses] and the agent is counted as one of the two. If he met him on the road and asked him, what about the bill of divorce I gave you? He answered, I delivered it to her. While they were talking there, he dropped it. He said, did you not tell me that you delivered it to her? He explained, I delivered it to her and she said, keep it for me. What? Can he be believed since it is in his power to divorce, or can he not be believed because it is in his hand? If the agent fell sick, how do you treat this? By the rules of divorces or the rules of preliminary marriages? By the rules of divorces one can divorce through the agency of anybody. By the rules of preliminary marriages one cannot preliminarily marry through the agency of anybody.

MISHNAH: In earlier times, he could go to a court at another place and annul [the bill of divorce]; Rabban Gamliel the Elder instituted that one should not do that because of the public good. In earlier times, his name and her name and the names of his and her towns could change; Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, because of the public good.

“Because of the public good.” They say in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Some say in the name of Rebbi Simeon ben Laqish: That she should not remain anchored. He who said, that she should not remain anchored, [is afraid that] she turns out to be anchored if she thought that he annulled when he did not annul. He who said, that she should not risk bastardy, [is afraid that] her children will be bastards if she thought that he did not annul when he annulled, she goes and marries without a bill of divorce. If she thought that he annulled when he did not annul, another man comes and marries her preliminarily; the preliminary marriage is valid but she thinks it is invalid. She waits until her first husband dies, then she goes and marries [another man]; the result is that her children will be bastards. Rebbi Mana said, I went with a caravan and heard Rebbi Jacob bar Aḥa and Rebbi Immi in the name of Rebbi Simeon ben Laqish: That she should not risk bastardy. Rav Huna said, even the one who said that she should not remain anchored also agrees that she should not risk bastardy.

There, we have stated: “One writes a bill of divorce for a man even if his wife is not with him, and a receipt for a woman even if her husband is not with her, and the husband pays the fee.” Rebbi Abba said, he has to know both of them. Rebbi La said, he has to know the husband for the bill of divorce and the wife for her receipt. Rebbi Abun bar Ḥiyya asked before Rebbi [ ]: Think of it, if he brought another woman and divorced by means of her. He said to him, let the witnesses come and testify. But did not Rebbi Simeon ben Laqish say that they considered witnesses who signed a document as if their testimony had been cross-examined in court? There, if they said, we did not sign at all. But here if they say, we signed this but not that. The Mishnah disagrees with Rebbi Abba: “In earlier times, his name and her name and the names of his and her towns could change.” If he knows them, why would he change their names? There are people who know others by sight but do not know their names. The Mishnah disagrees with Rebbi Ilai: “Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, because of the public good.” The Mishnah about one who is forced to divorce, Rebbi Ila speaks about one who divorces on his initiative; some want to say if he divorces at another place.

There, we have stated: “One writes a bill of divorce for a man even if his wife is not with him, and a receipt for a woman even if her husband is not with her, and the husband pays the fee.” Rebbi Abba said, he has to know both of them. Rebbi La said, he has to know the husband for the bill of divorce and the wife for her receipt. Rebbi Abun bar Ḥiyya asked before Rebbi [ ]: Think of it, if he brought another woman and divorced by means of her. He said to him, let the witnesses come and testify. But did not Rebbi Simeon ben Laqish say that they considered witnesses who signed a document as if their testimony had been cross-examined in court? There, if they said, we did not sign at all. But here if they say, we signed this but not that. The Mishnah disagrees with Rebbi Abba: “In earlier times, his name and her name and the names of his and her towns could change.” If he knows them, why would he change their names? There are people who know others by sight but do not know their names. The Mishnah disagrees with Rebbi Ilai: “Rabban Gamliel the Elder instituted that one should write Mr. X and all his names, Mrs. Y and all her names, because of the public good.” The Mishnah about one who is forced to divorce, Rebbi Ila speaks about one who divorces on his initiative; some want to say if he divorces at another place.

MISHNAH: A widow can be paid from the orphans’ property only by an oath. When they avoided letting her swear, Rabban Gamliel the Elder instituted that she should make a vow on the instruction of the orphans for anything they would decide on and collect her ketubah, and that witnesses sign the bill of divorce because of the public good. Hillel instituted prozbol for the public good.

Rav Huna said, why did they require a date on the bill of divorce? Because of an actual case. It so happened that a man was married to his sister’s daughter who committed adultery when she was still married. He predated the bill of divorce and said, it is better she should be judged as single rather than as a married woman.

Rav Huna said, why did they require a date on the bill of divorce? Because of an actual case. It so happened that a man was married to his sister’s daughter who committed adultery when she was still married. He predated the bill of divorce and said, it is better she should be judged as single rather than as a married woman.

Rebbi Simon in the name of Rebbi Joshua ben Levi: Yossi ben Shaul said in the name of Rebbi: A person who had given up hope to recover his slave is not entitled to enslave him but has to write him a bill of manumission. Rebbi Joḥanan heard this and said, Rebbi Joshua ben Levi taught us that correctly. Did they not infer the rules of a bill of manumission from women? Just as a woman is not freed if [the husband] has given up hope, but she needs a bill of divorce from him, so a slave is not freed if [the master] has given up hope, but he needs a bill of manumission.

Rebbi Simon in the name of Rebbi Joshua ben Levi: Yossi ben Shaul said in the name of Rebbi: A person who had given up hope to recover his slave is not entitled to enslave him but has to write him a bill of manumission. Rebbi Joḥanan heard this and said, Rebbi Joshua ben Levi taught us that correctly. Did they not infer the rules of a bill of manumission from women? Just as a woman is not freed if [the husband] has given up hope, but she needs a bill of divorce from him, so a slave is not freed if [the master] has given up hope, but he needs a bill of manumission.

Rebbi Simon in the name of Rebbi Joshua ben Levi: Yossi ben Shaul said in the name of Rebbi: A person who had given up hope to recover his slave is not entitled to enslave him but has to write him a bill of manumission. Rebbi Joḥanan heard this and said, Rebbi Joshua ben Levi taught us that correctly. Did they not infer the rules of a bill of manumission from women? Just as a woman is not freed if [the husband] has given up hope, but she needs a bill of divorce from him, so a slave is not freed if [the master] has given up hope, but he needs a bill of manumission.

Rebbi Simon in the name of Rebbi Joshua ben Levi: Yossi ben Shaul said in the name of Rebbi: A person who had given up hope to recover his slave is not entitled to enslave him but has to write him a bill of manumission. Rebbi Joḥanan heard this and said, Rebbi Joshua ben Levi taught us that correctly. Did they not infer the rules of a bill of manumission from women? Just as a woman is not freed if [the husband] has given up hope, but she needs a bill of divorce from him, so a slave is not freed if [the master] has given up hope, but he needs a bill of manumission.

Simeon bar Abba in the name of Rebbi Joḥanan: If a slave fled from the kidnappers to his master, the master may not enslave him but has to write him a bill of manumission. Rebbi Abbahu said in the name of Rebbi Joḥanan: If somebody declares his slave as ownerless he can neither enslave him nor write him a bill of manumission. Rebbi Ze‘ira said to him, everybody says that he needs one; do you say that he does not need? Would he hinder him from eating the Passah [sacrifice]? As it was stated: “The slave of any man, acquisition of his money, if you circumcise him.” Anytime he serves his master, he prevents his master from eating the Passah; if he does not serve his master, he does not prevent his master from eating the Passah.

Simeon bar Abba in the name of Rebbi Joḥanan: If a slave fled from the kidnappers to his master, the master may not enslave him but has to write him a bill of manumission. Rebbi Abbahu said in the name of Rebbi Joḥanan: If somebody declares his slave as ownerless he can neither enslave him nor write him a bill of manumission. Rebbi Ze‘ira said to him, everybody says that he needs one; do you say that he does not need? Would he hinder him from eating the Passah [sacrifice]? As it was stated: “The slave of any man, acquisition of his money, if you circumcise him.” Anytime he serves his master, he prevents his master from eating the Passah; if he does not serve his master, he does not prevent his master from eating the Passah.

If [the master] blinded [the slave’s] two eyes simultaneously, or broke two of his teeth simultaneously, the slave thereby obtains his freedom. One after the other, he obtains his freedom from the first [injury] and [the master] has to pay for the second. Rebbi Ila in the name of Rebbi Simeon ben Laqish: Following the opinion that [the master] does not have to write a bill of manumission for him. But following the opinion that [the master] has to write a bill of manumission for him, can you say that he has to pay him? Not only does this apply to one who gains his freedom for a tooth or an eye, from where also that he may gain his freedom by a cap, or הרנירק טיאונוס, or the king’s freedom? The verse says, “he shall send him to freedom”, in any way. What is the status of his children? The children of him who leaves for a tooth or an eye are slaves, the children of him who leaves by the loss of hope are free. Rebbi Yose ben Rebbi Abun said, that is unreasonable; it is the other way around. The children of one who leaves for a tooth or an eye are free because the Torah freed him. The children of one who leaves by the loss of hope are slaves because the Torah did not free him.

If [the master] blinded [the slave’s] two eyes simultaneously, or broke two of his teeth simultaneously, the slave thereby obtains his freedom. One after the other, he obtains his freedom from the first [injury] and [the master] has to pay for the second. Rebbi Ila in the name of Rebbi Simeon ben Laqish: Following the opinion that [the master] does not have to write a bill of manumission for him. But following the opinion that [the master] has to write a bill of manumission for him, can you say that he has to pay him? Not only does this apply to one who gains his freedom for a tooth or an eye, from where also that he may gain his freedom by a cap, or הרנירק טיאונוס, or the king’s freedom? The verse says, “he shall send him to freedom”, in any way. What is the status of his children? The children of him who leaves for a tooth or an eye are slaves, the children of him who leaves by the loss of hope are free. Rebbi Yose ben Rebbi Abun said, that is unreasonable; it is the other way around. The children of one who leaves for a tooth or an eye are free because the Torah freed him. The children of one who leaves by the loss of hope are slaves because the Torah did not free him.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

If a convert died and Jews plundered his property, if there were slaves, either adult or underage, they gain their freedom. Abba Shaul said, the adults gain their freedom, the minors do not become free. Why? They are no longer property after their owner’s death. Then even adults? Rebbi Abba said, since adults are competent to acquire themselves, they gain their freedom. Minors, who are not competent to acquire for themselves, do not gain their freedom. Rebbi Joshua ben Levi said, practice follows Abba Shaul. The opinions of Rebbi Joshua ben Levi are contradictory. There, Rebbi Simon in the name of Rebbi Joshua ben Levi and Rebbi Yossi ben Shaul in the name of Rebbi said: A person who has given up hope to recover his slave is not entitled to enslave him. They said, what Rebbi Joshua said about enslaving, if he did not give, he did not give; perhaps practice would be to enslave him, therefore he has to write him a bill of manumission. And here, he says so! We heard that Rebbi Joḥanan said, Rebbi Joshua ben Levi taught us that correctly, perhaps practice follows Abba Shaul. The slave girl of Rabba bar Zuṭra ran away and he gave up hope to recover her. He went to ask Rebbi Ḥanina and Rebbi Joshua ben Levi. They said, he is not entitled to enslave her. How is it to write her a bill of manumission? They said to him, if you wrote, you did the right thing. Rebbi Ḥanina in the name of Rebbi Ismael ben Rebbi Yose: A slave who married as a free person in the presence of his master gained his freedom. Rebbi Joḥanan said, yesterday I was sitting and formulating: If somebody writes a document of preliminary marriage for his slave or a document of definitive marriage for his girl slave, Rebbi says, they acquired, but the Sages say, they did not acquire. The first Tanna follows Rebbi: he acquired.

HALAKHAH: “If somebody divorces his wife because of bad reputation,” etc. And it was stated: “Why did the Sages say that he who divorces his wife because of bad reputation cannot take her back? For if he divorced his wife because of bad reputation, when she went, married another, and bore him children, after some time it turned out that the accusations were baseless and he said, if I had known that the accusations were baseless, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated and her children bastards. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.”

HALAKHAH: “If somebody divorces his wife because of bad reputation,” etc. And it was stated: “Why did the Sages say that he who divorces his wife because of bad reputation cannot take her back? For if he divorced his wife because of bad reputation, when she went, married another, and bore him children, after some time it turned out that the accusations were baseless and he said, if I had known that the accusations were baseless, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated and her children bastards. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.”

It was stated: “Why did they say that he who divorces his wife because of a vow cannot take her back? For if he divorced his wife because of a vow, when she went, married another, and bore him children, after some time it turned out that the vow was void and he said, if I had known that the vow was void, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated and her child a bastard. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.” Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since it must have been a vow which does not need investigation by a Sage! Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since it must have been a vow which was not public knowledge! “Rebbi Eleazar said, they forbade one because of the other.” The law should be that he can take her back even if it was a vow which needs investigation by a Sage, for the Elder uproots the vow. Why did they forbid a vow which needs investigation by a Sage? Because of a vow which does not need investigation by a Sage.

It was stated: “Why did they say that he who divorces his wife because of a vow cannot take her back? For if he divorced his wife because of a vow, when she went, married another, and bore him children, after some time it turned out that the vow was void and he said, if I had known that the vow was void, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated and her child a bastard. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.” Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since it must have been a vow which does not need investigation by a Sage! Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since it must have been a vow which was not public knowledge! “Rebbi Eleazar said, they forbade one because of the other.” The law should be that he can take her back even if it was a vow which needs investigation by a Sage, for the Elder uproots the vow. Why did they forbid a vow which needs investigation by a Sage? Because of a vow which does not need investigation by a Sage.

HALAKHAH: It was stated: “Why did they say that he who divorces his wife as a she-ram cannot take her back? For if he divorced his wife as a she-ram, when she went, married another man, and bore him children, and he said, if I had known that she can have children, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated and her child a bastard. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.” Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since there are women she-rams who are married and since [their husbands] are satisfied with them they keep them.

HALAKHAH: It was stated: “Why did they say that he who divorces his wife as a she-ram cannot take her back? For if he divorced his wife as a she-ram, when she went, married another man, and bore him children, and he said, if I had known that she can have children, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated and her child a bastard. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.” Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since there are women she-rams who are married and since [their husbands] are satisfied with them they keep them.

MISHNAH: Rebbi Joḥanan ben Gudguedah testified about a deaf-mute girl who was married off by her father, that she must be divorced by a bill of divorce, and about an underage girl who was married to a Cohen, that she may eat heave and her husband inherits from her if she dies, and about a stolen log which was used to build a house, that [the owner] has to take the value, and about a purification sacrifice of a stolen animal which was not known in public, that it atones because of the order of the altar.

MISHNAH: Somebody who says, accept this bill of divorce for my wife, or bring this bill of divorce to my wife, may retract if he wants to retract. If a woman said, accept the bill of divorce for me, he cannot retract even if he wants to retract. Therefore, if the husband said, it is not possible for me that you accept for her but bring and deliver it to her, he may retract if he wants to retract. Rabban Simeon ben Gamliel says, even if she says, take my the bill of divorce for me, he cannot retract even if he wants to retract.

MISHNAH: Somebody who says, accept this bill of divorce for my wife, or bring this bill of divorce to my wife, may retract if he wants to retract. If a woman said, accept the bill of divorce for me, he cannot retract even if he wants to retract. Therefore, if the husband said, it is not possible for me that you accept for her but bring and deliver it to her, he may retract if he wants to retract. Rabban Simeon ben Gamliel says, even if she says, take my the bill of divorce for me, he cannot retract even if he wants to retract.

MISHNAH: Somebody who says, accept this bill of divorce for my wife, or bring this bill of divorce to my wife, may retract if he wants to retract. If a woman said, accept the bill of divorce for me, he cannot retract even if he wants to retract. Therefore, if the husband said, it is not possible for me that you accept for her but bring and deliver it to her, he may retract if he wants to retract. Rabban Simeon ben Gamliel says, even if she says, take my the bill of divorce for me, he cannot retract even if he wants to retract.

MISHNAH: Somebody who says, accept this bill of divorce for my wife, or bring this bill of divorce to my wife, may retract if he wants to retract. If a woman said, accept the bill of divorce for me, he cannot retract even if he wants to retract. Therefore, if the husband said, it is not possible for me that you accept for her but bring and deliver it to her, he may retract if he wants to retract. Rabban Simeon ben Gamliel says, even if she says, take my the bill of divorce for me, he cannot retract even if he wants to retract.

HALAKHAH: “Somebody who says, accept this bill of divorce for my wife,” etc. Everywhere you say that “accept” is the equivalent of “obtain,” but here you say that “accept” is the equivalent of “bring”? There is a difference, for one can obtain something for a person without him being present. Rebbi Shammai objected: Think of it, if she was shouting to obtain a divorce? I say, maybe she changed her mind. But did we not state: “A woman herself may bring her bill of divorce”? Could you say that she may have changed her mind? There, she is damaging herself; here it is to her detriment.

HALAKHAH: “Somebody who says, accept this bill of divorce for my wife,” etc. Everywhere you say that “accept” is the equivalent of “obtain,” but here you say that “accept” is the equivalent of “bring”? There is a difference, for one can obtain something for a person without him being present. Rebbi Shammai objected: Think of it, if she was shouting to obtain a divorce? I say, maybe she changed her mind. But did we not state: “A woman herself may bring her bill of divorce”? Could you say that she may have changed her mind? There, she is damaging herself; here it is to her detriment.

Rav Naḥman bar Jacob said: If she said, bring me my bill of divorce, but he went and said to him, your wife said, accept the bill of divorce for me, even after the bill came into her hand it is not a valid bill of divorce, since he thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. Rebbi Huna bar Ḥiyya objected: But did we not state that if a woman said, accept the bill of divorce for me, it is not a valid bill of divorce until it reaches her hand? Then even if the bill came into her hand it should not be a valid bill! For she thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. If he knows that practice is that “accept” and “obtain” mean “bring”. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is not a valid bill until the bill of divorce reaches her hand.” Then it should not be a valid bill even if the bill of divorce reaches her hand. For she thinks that maybe she is divorced by the acceptance of the agent, but she can be divorced only by her own acceptance. If he knows that a minor cannot appoint an agent.

Rav Naḥman bar Jacob said: If she said, bring me my bill of divorce, but he went and said to him, your wife said, accept the bill of divorce for me, even after the bill came into her hand it is not a valid bill of divorce, since he thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. Rebbi Huna bar Ḥiyya objected: But did we not state that if a woman said, accept the bill of divorce for me, it is not a valid bill of divorce until it reaches her hand? Then even if the bill came into her hand it should not be a valid bill! For she thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. If he knows that practice is that “accept” and “obtain” mean “bring”. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is not a valid bill until the bill of divorce reaches her hand.” Then it should not be a valid bill even if the bill of divorce reaches her hand. For she thinks that maybe she is divorced by the acceptance of the agent, but she can be divorced only by her own acceptance. If he knows that a minor cannot appoint an agent.

Rav Naḥman bar Jacob said: If she said, bring me my bill of divorce, but he went and said to him, your wife said, accept the bill of divorce for me, even after the bill came into her hand it is not a valid bill of divorce, since he thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. Rebbi Huna bar Ḥiyya objected: But did we not state that if a woman said, accept the bill of divorce for me, it is not a valid bill of divorce until it reaches her hand? Then even if the bill came into her hand it should not be a valid bill! For she thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. If he knows that practice is that “accept” and “obtain” mean “bring”. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is not a valid bill until the bill of divorce reaches her hand.” Then it should not be a valid bill even if the bill of divorce reaches her hand. For she thinks that maybe she is divorced by the acceptance of the agent, but she can be divorced only by her own acceptance. If he knows that a minor cannot appoint an agent.

Rav Naḥman bar Jacob said: If she said, bring me my bill of divorce, but he went and said to him, your wife said, accept the bill of divorce for me, even after the bill came into her hand it is not a valid bill of divorce, since he thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. Rebbi Huna bar Ḥiyya objected: But did we not state that if a woman said, accept the bill of divorce for me, it is not a valid bill of divorce until it reaches her hand? Then even if the bill came into her hand it should not be a valid bill! For she thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. If he knows that practice is that “accept” and “obtain” mean “bring”. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is not a valid bill until the bill of divorce reaches her hand.” Then it should not be a valid bill even if the bill of divorce reaches her hand. For she thinks that maybe she is divorced by the acceptance of the agent, but she can be divorced only by her own acceptance. If he knows that a minor cannot appoint an agent.

Rav Naḥman bar Jacob said: If she said, bring me my bill of divorce, but he went and said to him, your wife said, accept the bill of divorce for me, even after the bill came into her hand it is not a valid bill of divorce, since he thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. Rebbi Huna bar Ḥiyya objected: But did we not state that if a woman said, accept the bill of divorce for me, it is not a valid bill of divorce until it reaches her hand? Then even if the bill came into her hand it should not be a valid bill! For she thinks that she will be divorced by the acceptance of the agent but she can be divorced only by her own acceptance. If he knows that practice is that “accept” and “obtain” mean “bring”. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is not a valid bill until the bill of divorce reaches her hand.” Then it should not be a valid bill even if the bill of divorce reaches her hand. For she thinks that maybe she is divorced by the acceptance of the agent, but she can be divorced only by her own acceptance. If he knows that a minor cannot appoint an agent.