divorce

1039 occurrences across the corpus

The Jerusalem Talmud

MISHNAH: Somebody who brings a bill of divorce from overseas must be able to say: “It was written and signed before me.” Rabban Gamliel says, even somebody who brings from Reqam and Ḥeger; Rebbi Eliezer says, even from Kefar Ludim to Lydda; but the Sages say that the only one who has to be able to say that it was written and signed before him is one who brings from overseas or to overseas. One who brings from one province to another overseas has to say that it was written and signed before him; Rabban Simeon ben Gamliel says, even from one district to the next.

Jerusalem Talmud Gittin 1:2

HALAKHAH: “Somebody who brings a bill of divorce from overseas,” etc. This is difficult. If somebody brings a gift document from overseas,would you require him to say, it was written and signed before me? Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce. Rebbi Joḥanan said, that is a leniency lest she sit abandoned. Is that a leniency? It is only a restriction, for if he does not say to her, it was written and signed before me, you do not permit her to remarry. Rebbi Yose said, the difficulty which you impose upon her at the beginning, that he is required to say, it was written and signed before me, makes it easy for her at the end. For if [the husband] would come and protest, his protest would be void. Rebbi Mana wanted to say, a protest other than the text of the bill. But is a protest about the text of the bill a protest which has no validity? Even for a protest which has validity, said Rebbi Yose ben Rebbi Abun, since you say that the reason for the difficulty which you impose upon her at the beginning, that he is required to say, it was signed before me, is to make it easy for her at the end, that if [the husband] would come and protest, his protest would be void; this means that there is no difference whether it is a protest not about the text of the bill or about the body of the bill, a protest which has no validity, or a protest which does have validity! But should you worry that maybe be gave the bill to disqualified witnesses to sign? Rebbi Abun said, he is not suspect to damage her before Heaven. Before the court he is suspect to damage her. But since he knows that if he comes and protests his protest is void, he will choose qualified witnesses to sign.

Jerusalem Talmud Gittin 1:2

Jerusalem Talmud Gittin 1:3

If [the bill of divorce] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the husband’s] protest about the gift void since it is void about the divorce? Or, since his protest is void [only] about the divorce, is it valid about the gift? We have stated later: “Bills of divorce for wives and documents of manumission are equal in the rules of carrying and bringing.” If [the document of manumission] contained documentation of a gift and [the messenger] said, it was written and signed before me, is [the master’s] protest about the gift void since it is void about the manumission? Or since his protest is void [only] about the manumission, is it valid about the gift? If somebody signed all his property over to his slave, you say that the gift is the document of manumission. How do you treat this? Is it a document of manumission and his protest is void or is it a gift and his protest is valid? This can be compared to the following: If somebody signed all his property over to two persons in one document and the testimony of the witnesses was valid for one but invalid for the other. Rebbi Ila in the name of Rebbi Immi: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed; one said, since it is invalid for one it is invalid for the other, but the other said, it is valid for one and invalid for the other. Rebbi Mana did not specify; Rebbi Abin specified: Rebbi Joḥanan said, since it is invalid for one it is invalid for the other; but Rebbi Simeon ben Laqish said, it is valid for one and invalid for the other. Rebbi Eleazar said, a Mishnah supports Rebbi Joḥanan: “Since testimony of two [witnesses] is invalid if one of them turns out to be related or disqualified, so also of three [witnesses] it is invalid if one of them turns out to be related or disqualified”. Rebbi Jacob bar Aḥa said, Rebbi Ḥanina the colleague of the rabbis and the rabbis disagree. One says, the argument of Rebbi Eleazar is correct, but the other says, Rebbi Eleazar is not correct. For him who says, the argument of Rebbi Eleazar is correct, it is a testimony about one person; as testimony it is totally invalid if it is partially invalid. For him who says, the argument of Rebbi Eleazar is not correct, it is as if two groups of witnesses came, valid for one and disqualified for the other.

Jerusalem Talmud Gittin 1:3

Jerusalem Talmud Gittin 1:4

Only if he says, it was written before me during the day and signed during the day; only if he says, it was written before me especially for her and signed expressly for her. It was asked before Rebbi Joḥanan: Does he have to know the names of the witnesses at the moment of their signing? He said to them, did the Gentiles Luciani sign it? And you say so? A baraita supports Rebbi Joḥanan: “All bills of divorce coming from overseas are valid even if their names sound Gentile since Jews outside the Land of Israel bear Gentile names.” He said only, outside the Land; therefore not in the Land of Israel. What about this? Rebbi Bevai in the name of Rebbi Issi: unless he writes, at a Jewish place. If there is no Jewish place, in the synagogue. If there is no synagogue, he assembles there ten people. Rebbi Abun said, it would be better to certify the signatures than to assemble there ten people. What about this? Even in a Jewish store.

Jerusalem Talmud Gittin 1:5

If he did not say: “it was written and signed before me”? Should not an Amora have asked this question? He said to him, that is what Rabin ben Rav said: If he brought a bill of divorce, gave it to her, but did not tell her: “It was written and signed before me”? There came a case before Rebbi Joḥanan, who said to him, take it from her and say in front of two [witnesses]: “It was written and signed before me.” Does Rebbi Joḥanan follow Rebbi Simeon ben Eleazar, since Rebbi Simeon ben Eleazar said, it is no bill of divorce unless he tells her at the moment of delivery that it is her bill of divorce? Can the position of Rebbi Joḥanan be derived from Rebbi Simeon ben Eleazar? Would Rebbi Simeon ben Eleazar agree that if he told her at the moment of delivery that it was her bill of divorce it would not be a bill of divorce? But here, even if he tells her at the moment of delivery that it is her bill of divorce, it is no bill of divorce unless he tells her in front of two [witnesses]: “It was written and signed before me.” But Rebbi Joḥanan might hold that a woman cannot be believed if she says, I received a bill of divorce from my husband’s agents. But we did state: “The wife herself can bring her bill of divorce.” Would you not have to be afraid that she might have received the bill from a representative of the husband? How is it? The reason of Rebbi Joḥanan is to make her known as divorcee in front of two [witnesses].

Jerusalem Talmud Gittin 1:5

Jerusalem Talmud Gittin 1:6

A case came before Rebbi Joshua ben Levi. He said to him, it is unnecessary. The opinion of Rebbi Joshua ben Levi seems inverted. There, Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce, but here, he says so? The colleagues in the name of Rebbi Joshua ben Levi: What you said was in earlier times when no Fellows were found outside the Land, but now that there are Fellows found outside the Land, they are competent. But did we not state, “and one who brings there”? And even if you say that no Fellows are found outside the Land, are we not found in the Land of Israel? In order not to make a distinction in the bills of divorce from outside the Land. But then one who brings from overseas should not have to say: “It was written before me and signed before me.” Not to make a distinction in the bills of divorce in the Land of Israel. What about it? One is restrictive in a simple case because of the complicated one and one is not permissive in the complicated because of the easy one. Rebbi Jacob bar Aḥa in the name of Rebbi Simeon bar Abba: This of Rebbi Joshua ben Levi, if it was done. But from the start even Rebbi Joshua ben Levi agrees.

Jerusalem Talmud Gittin 1:6

Jerusalem Talmud Gittin 1:7

Rebbi Abba in the name of Rav, Rebbi Ze‘ira in the name of Abba bar Ḥana: Two who brought a bill of divorce do not have to declare: It was written before us and signed before us. Rebbi Yose ben Yose in the name of Rebbi Joḥanan: They have to. He himself who brought the bill of divorce does not have to deliver the bill in the presence of two [witnesses] in order to declare her a divorcee in the presence of two. “If he gave her the bill, took it from her, and threw it into the sea or into a river. If later he says to her that it was an empty papyrus or a paid bond, he cannot be believed to disqualify her.” Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he cannot disqualify her, who can? He said to him, since she was declared a divorcee in the presence of two [witnesses], he cannot be believed to disqualify her. If he gave her a bill of divorce which was found to be invalid, they forced him to give her a replacement. This case came before the rabbis and they declared it valid. Did we not say, he cannot be believed to disqualify her? There, the flaw was not proved; here the flaw was proved. As the following: Ḥinena, the son of Rebbi Asi, was a medical doctor and threw a bill of divorce to his wife. She cried. Her neighbor came, grabbed it from her, and gave her an empty papyrus. The case came before the rabbis and they took it into account. But did not Rebbi Yasa say in Rebbi Joḥanan’s name: If the designation was checked and found to be based on [the testimony of] women or children, the designation is invalid? There, the designation was not mentioned. But here the name “bill of divorce” was mentioned. And some want to say, if he asserted that it was a valid bill of divorce, but she cried, her neighbor came, grabbed it from her, and gave her an empty papyrus.

Jerusalem Talmud Gittin 1:7

Jerusalem Talmud Gittin 1:8

Rebbi Jeremiah asked: If he wrote it in the Land of Israel, signed it outside the Land, went to deliver it to her outside the Land but did not find her outside the Land, returned and found her in the Land of Israel. He must say, “it was written and signed before me,” because he wrote it in the Land of Israel and signed it outside the Land But if it was written and signed in the Land of Israel, he went to deliver it to her outside the Land but did not find her outside the Land, he need not say, “it was written and signed before me.” If he gave her bill of divorce to her when she said, my courtyard at Acco shall acquire it for me, Rebbi Ḥinena said, it is as if she had a long arm. If she had a long arm, she stretched it out and took it from there, does he not have to say “it was written and signed before me”? Rebbi Abba said, who would deny it?

Jerusalem Talmud Gittin 1:9

Rebbi Ezra asked before Rebbi Mana: If a man and his wife held on to a bill of divorce; she says, I acquired it, but he says, you did not acquire. Does this refer to the disagreement between Rebbi and Rabban Simeon ben Gamliel? Since they disagreed: If creditor and borrower both hold on to the bond; the creditor says it is mine; I had lost it. The borrower says, it is mine because I paid it off. The document should be verified by its signatories, the words of Rebbi. Rabban Simeon ben Gamliel says, they should split. Rebbi Eleazar said, everything depends on who actually holds the signatures of the witnesses. Where do they disagree? If it was written lengthwise and both hold part of the signatures of the witnesses. He said to him, it is everybody’s opinion that it is not a bill of divorce if all is in her hand but a thread is in his hand, for it is written: “He shall deliver it into her hand,” not unless all be in her hand.

Jerusalem Talmud Gittin 1:9

Jerusalem Talmud Gittin 1:10

Rebbi Eliezer objected to the rabbis: Just as you hold that one who brings a bill of divorce from one province to another overseas has to say, “it was written and signed before me,” so I hold that one who brings a bill of divorce from one province to another in the Land of Israel has to say, “it was written and signed before me.” Rebbi Jacob bar Zavdi said, it happened that one brought a bill of divorce from the harbor of Caesarea. The case came before Rebbi Abbahu who said yes, he has to say that it was written and signed before him. But is the harbor of Caesarea not part of Caesarea? Rebbi Abin said, it was from a departing ship, and it was stated thus: One who brings a bill of divorce from a ship is like one who brings from outside the Land and has to say that it was written and signed before him.

Jerusalem Talmud Gittin 1:10

Jerusalem Talmud Gittin 1:12

MISHNAH: Rebbi Jehudah says, from Reqam to the East and Reqam belongs to the East, from Ascalon to the South and Ascalon belongs to the South, from Acco to the North and Acco belongs to the North. Rebbi Meïr says, Acco belongs to the Land of Israel in matters of bills of divorce.

Jerusalem Talmud Gittin 1:13

HALAKHAH: “Rebbi Jehudah says, from Reqam to the East,” etc. Rebbi Joḥanan told the people of Sepphoris: You say in the name of Rebbi Joḥanan, even a person who brings a bill of divorce from Babylonia does not have to say “it was written and signed before me.” But I am saying that it is necessary, for there is a Mishnah: “Rebbi Jehudah says, from Reqam to the East and Reqam belongs to the East.” And even if you say that they disagree with Rebbi Jehudah and say that Reqam does not belong to the East, what about from Babylonia to here? Rav said, we consider ourselves as in the Land of Israel in the matter of bills of divorce. But Samuel said, even from one city quarter to another. He asked before him to change his opinion, when Cahana told him, what would we do with the earlier cases of women who remarried? He said to him, what do you have in your hand? For he was of Rebbi’s opinion as it was stated: If somebody brings a bill of divorce from overseas which was neither written nor signed in his presence, she has to leave under the thirteen penalties, the words of Rebbi. But the Sages did not agree in this matter.

Jerusalem Talmud Gittin 1:13

Jerusalem Talmud Gittin 1:14

Everybody agrees that if [the husband] comes and protests, his protest is invalid. That is, if he protested after she remarried. If he protested before she remarried and then she remarried? Let us hear from the following: It happened that somebody brought a bill of divorce before Rebbi Ismael. He asked him, from where are you? He answered, from Kefar Simai in the region of Acco. He said to him, then you have to say, “it was written and signed in my presence;” you do not need witnesses. After [that person] left, Rebbi Ilai said to him, my teacher, is not Kefar Simai in the Land of Israel, closer to Sepphoris than to Acco? He answered, since the matter was resolved in a permissive way; it stands. What means “since the matter was resolved in a permissive way; it stands”? Rebbi Ze‘ira said, that if [the husband] came and protested, his protest would be invalid. But does a person who brings a bill of divorce from the Land of Israel for delivery in the Land of Israel have to say, “it was written and signed in my presence”? Therefore, there cannot be any difference whether he protested after she remarried or before she remarried and then she remarried.

Jerusalem Talmud Gittin 1:14

Jerusalem Talmud Gittin 1:15

Rebbi Jacob bar Ada, Bar Athlay in the name of Rebbi Eleazar: Practice follows Rebbi Meïr in matters of bills of divorce. Rebbi Ze‘ira was looking at him. He asked him, why do you look at me? Was it not said that practice follows the lenient opinion in rabbinic matters? They thought, that is a single opinion against a single opinion, but not a single opinion against the Sages, and here even a single opinion against the Sages.

Jerusalem Talmud Gittin 1:20

MISHNAH: Somebody who brings a bill of divorce from the Land of Israel does not have to say: “It was written and signed before me.” If the document is contested, it should be confirmed by its signers. If somebody brings a bill of divorce from overseas and is unable to say: “it was written and signed before me,” it should be confirmed by its signers. Bills of divorce and slaves’ bills of manumission are equal in [the requirement] about those who carry and bring. This is one of the aspects in which bills of divorce, have the same rules as bills of manumission.

Jerusalem Talmud Gittin 1:20

Jerusalem Talmud Gittin 1:21

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.

Jerusalem Talmud Gittin 1:22

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.’ ”

Jerusalem Talmud Gittin 1:23

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.

Jerusalem Talmud Gittin 1:23

Jerusalem Talmud Gittin 1:24

HALAKHAH: “Any document signed by a Samaritan is invalid,” etc. They are suspected about money; about money they were disqualified.They are not suspected about incest and adultery. And testimony in capital criminal cases has the same status as testimony about incest and adultery. Then even if both of them are Samaritans? There is a difference, for they are not conversant with the fine points of bills of divorce. Then even one Samaritan witness should be disqualified! Rebbi Abin said, explain it if a Jew signed last. Rebbi Yose said, that is according to the opinion that the witnesses may sign separately, not in the presence of each other. But according to him who says that witnesses may sign only in the presence of each other, it is valid even if the Samaritan signed last.

Jerusalem Talmud Gittin 1:26

Why are Samaritans disqualified? Rebbi Joḥanan said, because they are lions’ proselytes. But if somebody converted not for Heaven’s sake and then converted for Heaven’s sake, does one not accept him? Rebbi Joḥanan in the name of Rebbi Eleazar: Because the child is a bastard if a Gentile or a slave have intercourse with a Jewish woman. But did not Rebbi Aqiba say, they are genuine proselytes? Because they require levirate marriage from the preliminarily married and free the definitively married. But do not the rabbis say, there is no bastard from a sister-in-law? Because they are not conversant with the fine points in writing bills of divorce. But does not Rabban Gamliel accept their bills of divorce? Rebbi Jacob bar Idi in the name of Rebbi Joḥanan: Because they intermingled with the priests of the High Places: “He chose priests from the borderline of the people,”. Rebbi Ila said, from the “thorns” of the people, i. e., from the disqualified of the people.

Jerusalem Talmud Gittin 1:26

Jerusalem Talmud Gittin 1:27

Rebbi Aḥa said, the acts of a Gentile court are public knowledge. Then even if both [witnesses] are Samaritan? Did one not say that they are not conversant with the fine points in writing bills of divorce? But Rebbi Simeon validates their bills of divorce! Rebbi Abba in the name of Rebbi Ze‘ira: It turns out that Rebbi Simeon agrees with Rebbi Eleazar. Just as Rebbi Eleazar said, even if no witnesses signed on it, it is valid, so Rebbi Simeon said, even if no witnesses signed on it, it is valid. But then even if it was made by private persons? This shows that it was necessary that Rebbi Jacob bar Aḥa said, the acts of a Gentile court are public knowledge. A bond was executed in Bet Shean, whose witnesses were Gentiles. Rebbi Yose says, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree, one said it is invalid, the other said it is valid. Rebbi Abbahu explained: Rebbi Joḥanan said it is invalid, Rebbi Simeon ben Laqish said it is valid. What is Rebbi Simeon ben Laqish’s reason? That a Jew should not lose money. But if that one would not lose money, the other would lose money! Rebbi Yudan said, it must be in order not to close the door before people, for tomorrow one would look to borrow but does not succeed.

Jerusalem Talmud Gittin 1:27

Jerusalem Talmud Gittin 1:28

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.

Jerusalem Talmud Gittin 1:28

Jerusalem Talmud Gittin 1:29

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.

Jerusalem Talmud Gittin 1:29

Jerusalem Talmud Gittin 2:1

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.

Jerusalem Talmud Gittin 2:2

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.

Jerusalem Talmud Gittin 2:2

Jerusalem Talmud Gittin 2:5

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.

Jerusalem Talmud Gittin 2:8

MISHNAH: If it was written during daytime and signed during daytime, in the night and signed in the night, in the night and signed during daytime, it is valid. During daytime and signed in the night it is invalid. Rebbi Simeon declares it valid since Rebbi Simeon says that all documents which were written during daytime and signed at night are invalid except for women’s bills of divorce.

Jerusalem Talmud Gittin 2:9

HALAKHAH: “If it was written during daytime and signed during daytime,” etc. Rebbi Joḥanan said, it is invalid because of the usufruct. Rebbi Simeon ben Laqish told him, then you should also be suspicious of the bills of divorce brought from overseas; maybe they were written during daytime and signed in the night! He answered him, there the forgery is intrinsic, here it is extrinsic.

Jerusalem Talmud Gittin 2:10

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.

Jerusalem Talmud Gittin 2:10

Jerusalem Talmud Gittin 2:14

“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.

Jerusalem Talmud Gittin 2:17

“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!

Jerusalem Talmud Gittin 2:17

Jerusalem Talmud Gittin 2:21

Rebbi Eleazar said, where do they disagree? About bills of divorce. But for contracts even Rebbi Jehudah will agree. He explains it if the document is on a smooth surface and the witnesses on the erasure. Rebbi Simeon ben Laqish said, it makes no difference; they disagree both about bills of divorce and contracts. He explains it if the document is on a smooth surface and the witnesses on the erasure. It is difficult for Rebbi Eleazar: If the witnesses [sign] on the erasure, do the Sages declare it valid? Rebbi Ze‘ira said before Rebbi Mana: The Sages follow the argument of Rebbi Eleazar, for he explains that the document is on the erasure and the witnesses on a smooth surface. Samuel said, everything is on the erasure. Does not Rebbi Jehudah say it correctly? Rebbi Abba said, it is recognizable whether there was an erasure once or twice.

Jerusalem Talmud Gittin 2:21

Jerusalem Talmud Gittin 2:22

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.

Jerusalem Talmud Gittin 2:22

Jerusalem Talmud Gittin 2:23

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.

Jerusalem Talmud Gittin 2:25

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.

Jerusalem Talmud Gittin 2:25

Jerusalem Talmud Gittin 2:26

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.

Jerusalem Talmud Gittin 2:26

Jerusalem Talmud Gittin 3:1

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.

Jerusalem Talmud Gittin 3:1

Jerusalem Talmud Gittin 3:2

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.

Jerusalem Talmud Gittin 3:2