divorce
1039 occurrences across the corpus
The Jerusalem Talmud
If [the husband] said to [another person]: Bring my wife’s bill of divorce, or her daughter’s, or her sister’s, then he went and delivered it to her, it is no divorce. But if [the other] said: Give a bill of divorce to his wife, and [the husband] said, here is my wife’s bill of divorce, or her daughter’s, or her sister’s, and he went and gave it to her, it is a divorce. Rebbi Yose ben Rebbi Abun and Rebbi Avin in the name of Rebbi Shammai: These are Rebbi’s words. But the Sages say, only if she says, it should be mine in your hand.
If [the husband] said to [another person]: Bring my wife’s bill of divorce, or her daughter’s, or her sister’s, then he went and delivered it to her, it is no divorce. But if [the other] said: Give a bill of divorce to his wife, and [the husband] said, here is my wife’s bill of divorce, or her daughter’s, or her sister’s, and he went and gave it to her, it is a divorce. Rebbi Yose ben Rebbi Abun and Rebbi Avin in the name of Rebbi Shammai: These are Rebbi’s words. But the Sages say, only if she says, it should be mine in your hand.
If [the husband] said to [another person]: Bring my wife’s bill of divorce, or her daughter’s, or her sister’s, then he went and delivered it to her, it is no divorce. But if [the other] said: Give a bill of divorce to his wife, and [the husband] said, here is my wife’s bill of divorce, or her daughter’s, or her sister’s, and he went and gave it to her, it is a divorce. Rebbi Yose ben Rebbi Abun and Rebbi Avin in the name of Rebbi Shammai: These are Rebbi’s words. But the Sages say, only if she says, it should be mine in your hand.
If [the husband] said to [another person]: Bring my wife’s bill of divorce, or her daughter’s, or her sister’s, then he went and delivered it to her, it is no divorce. But if [the other] said: Give a bill of divorce to his wife, and [the husband] said, here is my wife’s bill of divorce, or her daughter’s, or her sister’s, and he went and gave it to her, it is a divorce. Rebbi Yose ben Rebbi Abun and Rebbi Avin in the name of Rebbi Shammai: These are Rebbi’s words. But the Sages say, only if she says, it should be mine in your hand.
If [the husband] said to [another person]: Bring my wife’s bill of divorce, or her daughter’s, or her sister’s, then he went and delivered it to her, it is no divorce. But if [the other] said: Give a bill of divorce to his wife, and [the husband] said, here is my wife’s bill of divorce, or her daughter’s, or her sister’s, and he went and gave it to her, it is a divorce. Rebbi Yose ben Rebbi Abun and Rebbi Avin in the name of Rebbi Shammai: These are Rebbi’s words. But the Sages say, only if she says, it should be mine in your hand.
Rebbi Ḥanina said, practice follows Rabban Gamliel: if she said “take for me, it should be mine in your hand.” A man sent a bill of divorce to his wife. She told [the agent]: “It should be mine in your hand.” The casecame before Rav, who said, if he wants to retract he cannot retract. Does he disagree? There is a difference between “it should be in your hand” and “it should be mine in your hand.” Rebbi Ḥizqiah said, I know the beginning and the end. A woman appointed an agent to accept her bill of divorce from the husband’s agents. The case came before Rav, who said, if he wants to retract he cannot retract. Rav’s opinion has switched! There, Rav Huna said in the name of Rav: A woman cannot appoint an agent to accept her bill of divorce from her husband’s agent, and here, he says so? I say, he was standing behind the door and heard her voice.
Rebbi Ḥanina said, practice follows Rabban Gamliel: if she said “take for me, it should be mine in your hand.” A man sent a bill of divorce to his wife. She told [the agent]: “It should be mine in your hand.” The casecame before Rav, who said, if he wants to retract he cannot retract. Does he disagree? There is a difference between “it should be in your hand” and “it should be mine in your hand.” Rebbi Ḥizqiah said, I know the beginning and the end. A woman appointed an agent to accept her bill of divorce from the husband’s agents. The case came before Rav, who said, if he wants to retract he cannot retract. Rav’s opinion has switched! There, Rav Huna said in the name of Rav: A woman cannot appoint an agent to accept her bill of divorce from her husband’s agent, and here, he says so? I say, he was standing behind the door and heard her voice.
Rebbi Ḥanina said, practice follows Rabban Gamliel: if she said “take for me, it should be mine in your hand.” A man sent a bill of divorce to his wife. She told [the agent]: “It should be mine in your hand.” The casecame before Rav, who said, if he wants to retract he cannot retract. Does he disagree? There is a difference between “it should be in your hand” and “it should be mine in your hand.” Rebbi Ḥizqiah said, I know the beginning and the end. A woman appointed an agent to accept her bill of divorce from the husband’s agents. The case came before Rav, who said, if he wants to retract he cannot retract. Rav’s opinion has switched! There, Rav Huna said in the name of Rav: A woman cannot appoint an agent to accept her bill of divorce from her husband’s agent, and here, he says so? I say, he was standing behind the door and heard her voice.
MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.
MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.
MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.
MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.
MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.
MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.
MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses; two who say that she appointed in their presence and two who say that in their presence he received it and tore it up, even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them. A preliminarily married adolescent girl, or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female who cannot take care of her bill of divorce cannot be divorced. If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.
HALAKHAH: “A woman who said, accept my bill of divorce for me,” etc. Two say that she appointed in their presence and two say that in their presence he received and tore it. But if he agrees, the agent should be able to be added. Explain it, it he was a relative. This implies that a relative can act as agent.
“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.
“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.
“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.
“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.
“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.
“A preliminarily married adolescent girl, or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father] contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: “A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.” He explains it about an orphan. But did we not state: “If her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. “A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.” He explains that following Rebbi Jehudah, since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan. Can one rely on that? It was no question of relying on him since it was as from the sea to the frying pan.
If she is definitively married, she but not her father. An underage girl, her father but not she; if she is definitively married, both she and her father. If she has understanding, she but not her father. Who is an underage girl who needs to be divorced [by herself]? Rebbi Joḥanan said, any female who is given her bill of divorce together with something else and she produces it after some time.
MISHNAH: If somebody says, deliver this bill of divorce to my wife at place X and he delivered it at another place, it is invalid. But if he said, she is at place X, and he delivered it at another place, it is valid. If a woman says, accept my bill of divorce at place X, and he accepted it at another place, it is invalid, but Rebbi Eleazar declares it valid. Bring my bill of divorce from place X and he brought it from another place, it is valid.
MISHNAH: If somebody says, deliver this bill of divorce to my wife at place X and he delivered it at another place, it is invalid. But if he said, she is at place X, and he delivered it at another place, it is valid. If a woman says, accept my bill of divorce at place X, and he accepted it at another place, it is invalid, but Rebbi Eleazar declares it valid. Bring my bill of divorce from place X and he brought it from another place, it is valid.
MISHNAH: If somebody says, deliver this bill of divorce to my wife at place X and he delivered it at another place, it is invalid. But if he said, she is at place X, and he delivered it at another place, it is valid. If a woman says, accept my bill of divorce at place X, and he accepted it at another place, it is invalid, but Rebbi Eleazar declares it valid. Bring my bill of divorce from place X and he brought it from another place, it is valid.
HALAKHAH: “If an underage girl said, accept the bill of divorce for me,” etc. The Mishnah does not follow Rebbi Eleazar. But following Rebbi Eleazar she is (not) divorced unless [the husband] tells [the agent]: Do not divorce her except at place X. “If he said, she is at place X and he delivered it at another place,” Rebbi Eleazar agrees that he only indicates a place; the rabbis agree that he only indicates a place.
HALAKHAH: “If an underage girl said, accept the bill of divorce for me,” etc. The Mishnah does not follow Rebbi Eleazar. But following Rebbi Eleazar she is (not) divorced unless [the husband] tells [the agent]: Do not divorce her except at place X. “If he said, she is at place X and he delivered it at another place,” Rebbi Eleazar agrees that he only indicates a place; the rabbis agree that he only indicates a place.
MISHNAH: “Bring my bill of divorce”, she may eat heave until the bill is delivered to her. “Receive my bill of divorce,” she is immediately forbidden to eat heave. “Receive my bill of divorce at place X,” she may eat heave until the bill arrives at that place; Rebbi Eleazar forbids immediately.
MISHNAH: “Bring my bill of divorce”, she may eat heave until the bill is delivered to her. “Receive my bill of divorce,” she is immediately forbidden to eat heave. “Receive my bill of divorce at place X,” she may eat heave until the bill arrives at that place; Rebbi Eleazar forbids immediately.
MISHNAH: “Bring my bill of divorce”, she may eat heave until the bill is delivered to her. “Receive my bill of divorce,” she is immediately forbidden to eat heave. “Receive my bill of divorce at place X,” she may eat heave until the bill arrives at that place; Rebbi Eleazar forbids immediately.
HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.
HALAKHAH: : “If a woman says, accept my bill of divorce,” etc. What is the reason of Rebbi Eleazar? I say that he found it behind the door. There, we have stated: “If someone tells a person who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, he is not trustworthy. It was stated: “Rebbi Yose said, even if he specified, from X, he is not trustworthy unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar (ben Rebbi Yose.) [Rebbi Yose says more than Rebbi Eleazar;] does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place, she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay. What is the reason of Rebbi Yose? I say that he found someone close by and bought from him.
MISHNAH: If somebody says: “Write a bill of divorce and deliver to my wife, divorce her, write a letter and deliver to her”, they should write and deliver. “Discharge her, provide for her, treat her according to the law, do what is necessary;” he did not say anything. Earlier, they said that if somebody was led away in a neck-iron when he said, write a bill of divorce for my wife, they should write and deliver. They reconsidered and said, also one who leaves on a ship or in a caravan. Rebbi Simeon from Shezur said, also the dangerously sick.
MISHNAH: If somebody says: “Write a bill of divorce and deliver to my wife, divorce her, write a letter and deliver to her”, they should write and deliver. “Discharge her, provide for her, treat her according to the law, do what is necessary;” he did not say anything. Earlier, they said that if somebody was led away in a neck-iron when he said, write a bill of divorce for my wife, they should write and deliver. They reconsidered and said, also one who leaves on a ship or in a caravan. Rebbi Simeon from Shezur said, also the dangerously sick.
MISHNAH: If somebody says: “Write a bill of divorce and deliver to my wife, divorce her, write a letter and deliver to her”, they should write and deliver. “Discharge her, provide for her, treat her according to the law, do what is necessary;” he did not say anything. Earlier, they said that if somebody was led away in a neck-iron when he said, write a bill of divorce for my wife, they should write and deliver. They reconsidered and said, also one who leaves on a ship or in a caravan. Rebbi Simeon from Shezur said, also the dangerously sick.
HALAKHAH: “If somebody says: “Write a bill of divorce and deliver to my wife,” etc. If somebody says in Aramaic “divorce her,” it is as if he said in Hebrew “divorce her.”
HALAKHAH: “If somebody says: “Write a bill of divorce and deliver to my wife,” etc. If somebody says in Aramaic “divorce her,” it is as if he said in Hebrew “divorce her.”
HALAKHAH: “If somebody says: “Write a bill of divorce and deliver to my wife,” etc. If somebody says in Aramaic “divorce her,” it is as if he said in Hebrew “divorce her.”
As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.
As the following: Ganiba was lead out to be executed. He said, One should give money to Rebbi Abuna from the wine of Kefar Panaya. They did not give him; they were considering what Rav said, “an heir is like the buyer of encumbered property.” Just as a loan before witnesses cannot be collected from encumbered property, so it cannot be collected from heirs. If they did not give it as payment of a debt, they should have given as a gift! They were considering what Rebbi Eleazar said, for Rebbi Eleazar asked: Does his gift follow the rules of the gift of a sick person? Rebbi Ze‘ira brought Rebbi Isaac from Atosha who stated for him: A gift is like a bill of divorce. Rebbi Abba said to him, perhaps like bills of divorce which one cannot deliver if not delivered during his lifetime, so a gift is not called a gift if not delivered during his lifetime? He said to him, here comes the rabbi with sophistication to let Rebbi Abuna lose money! You cannot, for we have stated there: “Give a mina to X; then he died. One shall give after death.” Following Rebbi Simeon. For Rebbi Joḥanan disagrees, they should give him, as Rebbi Abbahu said in the name of Rebbi Joḥanan: A loan before witnesses can be collected from the heirs on condition that they inherited real estate. Rebbi Yose said, that is, if somebody was with him until the moment of his death. But if he goes in and out, I am saying that already he gave him. The word of Rebbi Ḥanina implies that it was not given since Rebbi Ḥanina reported this fact: Levi Parisa was going from place to place when Ganiba’s relatives came to eat with him. He said, the money should be given to Rebbi Abuna; they started quarelling with him.
MISHNAH: If somebody was thrown into a cistern and said, anybody hearing my voice should write a bill of divorce for my wife, they should write and deliver. If a healthy person said, write a bill of divorce for my wife, he wants to make fun of her. It happened to a healthy person who had said, write a bill of divorce for my wife, that he went on the roof, fell down, and died. Rabban Simeon ben Gamliel said, the Sages said that if he jumped, it is a bill of divorce; if the wind pushed him, it is no bill of divorce.
MISHNAH: If somebody was thrown into a cistern and said, anybody hearing my voice should write a bill of divorce for my wife, they should write and deliver. If a healthy person said, write a bill of divorce for my wife, he wants to make fun of her. It happened to a healthy person who had said, write a bill of divorce for my wife, that he went on the roof, fell down, and died. Rabban Simeon ben Gamliel said, the Sages said that if he jumped, it is a bill of divorce; if the wind pushed him, it is no bill of divorce.
MISHNAH: If somebody was thrown into a cistern and said, anybody hearing my voice should write a bill of divorce for my wife, they should write and deliver. If a healthy person said, write a bill of divorce for my wife, he wants to make fun of her. It happened to a healthy person who had said, write a bill of divorce for my wife, that he went on the roof, fell down, and died. Rabban Simeon ben Gamliel said, the Sages said that if he jumped, it is a bill of divorce; if the wind pushed him, it is no bill of divorce.
MISHNAH: If somebody was thrown into a cistern and said, anybody hearing my voice should write a bill of divorce for my wife, they should write and deliver. If a healthy person said, write a bill of divorce for my wife, he wants to make fun of her. It happened to a healthy person who had said, write a bill of divorce for my wife, that he went on the roof, fell down, and died. Rabban Simeon ben Gamliel said, the Sages said that if he jumped, it is a bill of divorce; if the wind pushed him, it is no bill of divorce.
MISHNAH: If somebody was thrown into a cistern and said, anybody hearing my voice should write a bill of divorce for my wife, they should write and deliver. If a healthy person said, write a bill of divorce for my wife, he wants to make fun of her. It happened to a healthy person who had said, write a bill of divorce for my wife, that he went on the roof, fell down, and died. Rabban Simeon ben Gamliel said, the Sages said that if he jumped, it is a bill of divorce; if the wind pushed him, it is no bill of divorce.
If it was doubtful whether he jumped or the wind pushed him? Let us hear from the following: Rabban Simeon ben Gamliel says, if he fell down immediately, it is a bill of divorce; if he fell after some time it is no bill of divorce. But is “immediately” not a case of doubt whether he jumped or the wind pushed him? This implies that in case of doubt whether he jumped or the wind pushed him, it is a bill of divorce.
If it was doubtful whether he jumped or the wind pushed him? Let us hear from the following: Rabban Simeon ben Gamliel says, if he fell down immediately, it is a bill of divorce; if he fell after some time it is no bill of divorce. But is “immediately” not a case of doubt whether he jumped or the wind pushed him? This implies that in case of doubt whether he jumped or the wind pushed him, it is a bill of divorce.
If it was doubtful whether he jumped or the wind pushed him? Let us hear from the following: Rabban Simeon ben Gamliel says, if he fell down immediately, it is a bill of divorce; if he fell after some time it is no bill of divorce. But is “immediately” not a case of doubt whether he jumped or the wind pushed him? This implies that in case of doubt whether he jumped or the wind pushed him, it is a bill of divorce.
MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.
MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.
MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.
MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.
MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.
MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.
MISHNAH: If one said to two persons, give a bill of divorce to my wife, or to three persons, write a bill of divorce and deliver to my wife, they should write and deliver. If he said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court, the words of Rebbi Meïr. This instructions for practice did Ḥananiah from Ono send from jail: I know from tradition that if someone said to three persons, deliver a bill of divorce to my wife, they shall ask others to write since he appointed them as a court. Rebbi Yose said, we told the messenger that we also know from tradition that even if he said to the Supreme Court in Jerusalem, deliver a bill of divorce to my wife, they shall learn, write, and deliver. If he said to ten persons, write a bill of divorce for my wife, one writes and two sign. All of you shall write, one writes and all sign. Therefore, if one of them died, the bill of divorce would be void.
HALAKHAH: “If one said to two persons, give a bill of divorce to my wife,” etc. The Mishnah follows Rebbi Meïr, from the next sentence: “If he said to three persons;” and Rav Ḥisda said, the reason of Rebbi Meïr is that we find everywhere that others write and the court signs, also here others write and the court affixes their signatures.
“If somebody said to ten persons, ‘bring this bill of divorce’, one transports in the name of all of them. ‘All of you shall bring’, they all transport and one delivers in the name of all of them; therefore, if one of them died, the bill of divorce becomes invalid.” Rebbi Joḥanan in the name of Rebbi Eleazar from Rome: The one who awards it like one who says “all of you”.
“If somebody said to ten persons, ‘bring this bill of divorce’, one transports in the name of all of them. ‘All of you shall bring’, they all transport and one delivers in the name of all of them; therefore, if one of them died, the bill of divorce becomes invalid.” Rebbi Joḥanan in the name of Rebbi Eleazar from Rome: The one who awards it like one who says “all of you”.
MISHNAH: If somebody had an attack of seizures and said, write a bill of divorce for my wife, he did not say anything. If he had said, write a bill of divorce for my wife, and afterwards had an attack of seizures and said, do not write, his later words are nothing. If somebody became paralyzed, one asks him, shall we write a bill of divorce for your wife, and he nods his head, one checks him out three times. If he answers no for no, yes for yes, they shall write and deliver.
MISHNAH: If somebody had an attack of seizures and said, write a bill of divorce for my wife, he did not say anything. If he had said, write a bill of divorce for my wife, and afterwards had an attack of seizures and said, do not write, his later words are nothing. If somebody became paralyzed, one asks him, shall we write a bill of divorce for your wife, and he nods his head, one checks him out three times. If he answers no for no, yes for yes, they shall write and deliver.
MISHNAH: If somebody had an attack of seizures and said, write a bill of divorce for my wife, he did not say anything. If he had said, write a bill of divorce for my wife, and afterwards had an attack of seizures and said, do not write, his later words are nothing. If somebody became paralyzed, one asks him, shall we write a bill of divorce for your wife, and he nods his head, one checks him out three times. If he answers no for no, yes for yes, they shall write and deliver.
“If sometimes he is insane and sometimes healthy. When he is insane he is insane in all regards, when healthy he is normal in all regards.” A case came before Samuel who said, when he is of sound mind he should deliver the bill of divorce. Why? Samuel follows Rebbi Simeon ben Laqish; as Rebbi Simeon ben Laqish said, when he regains his sanity. It follows that Samuel acted according to Rebbi Simeon ben Laqish who said, only if he is of sound mind may he deliver the bill of divorce; (Is. 38:16) “make me healthy and let me live!”
“If sometimes he is insane and sometimes healthy. When he is insane he is insane in all regards, when healthy he is normal in all regards.” A case came before Samuel who said, when he is of sound mind he should deliver the bill of divorce. Why? Samuel follows Rebbi Simeon ben Laqish; as Rebbi Simeon ben Laqish said, when he regains his sanity. It follows that Samuel acted according to Rebbi Simeon ben Laqish who said, only if he is of sound mind may he deliver the bill of divorce; (Is. 38:16) “make me healthy and let me live!”
Rebbi Jacob bar Aḥa said, Rebbi Joḥanan and Rebbi Simeon ben Laqish disagree. Rebbi Joḥanan said, even while he is suffering an attack of seizures, one writes the bill of divorce and delivers it to his wife. Rebbi Simeon ben Laqish said, when he regains his sanity. The argument of Rebbi Simeon ben Laqish seems to be inverted, since they disagreed: If he became deaf-mute, or insane, or became an apostate, or the Court ruled that fat may be eaten, Rebbi Joḥanan said, his sacrifice of purification is pushed aside, Rebbi Simeon ben Laqish said, his sacrifice of purification is not pushed aside. Rebbi Yose ben Rebbi Abun said, Rebbi (Joḥanan) [Aḥa] switches traditions, to avoid that a word of Rebbi Joḥanan contradict his own word. For Rebbi Samuel bar Abba said in the name of Rebbi Joḥanan: One sprinkles the blood of a purification sacrifice or a reparation sacrifice for a person terminally ill. The rabbis of Caesarea said, Rebbi Ḥiyya and Rebbi Yasa, one follows the one, the other follows the other.
The Mishnah disagrees with Rebbi Simeon ben Laqish: “If he had said, write a bill of divorce for my wife, and afterwards had an attack of seizures and said, do not write, his later words are disregarded.” He explains it: After he regains his sanity, his later words are disregarded. If he gave her a bill of divorce saying that it should be valid only the next day and then suffered an attack of seizures, this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. If he threw her bill of divorce to her saying that it should be valid only the next day and then suffered an attack of seizures, this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Eleazar said that Rebbi Abin asked: If he separated heave from his grain heap and said, it shall be heave only tomorrow but the next day he suffered an attack of seizures, is this the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Ze‘ira said, a baraita disagrees with Rebbi Simeon ben Laqish and he cannot explain it: If somebody had been crucified or mortally wounded when he signalled to write a bill of divorce to his wife, one writes and delivers on the assumption that his soul hangs on in him. Is it not impossible that his mind should not have been disturbed for an hour? This disagrees with Rebbi Simeon ben Laqish and he cannot explain it.
The Mishnah disagrees with Rebbi Simeon ben Laqish: “If he had said, write a bill of divorce for my wife, and afterwards had an attack of seizures and said, do not write, his later words are disregarded.” He explains it: After he regains his sanity, his later words are disregarded. If he gave her a bill of divorce saying that it should be valid only the next day and then suffered an attack of seizures, this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. If he threw her bill of divorce to her saying that it should be valid only the next day and then suffered an attack of seizures, this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Eleazar said that Rebbi Abin asked: If he separated heave from his grain heap and said, it shall be heave only tomorrow but the next day he suffered an attack of seizures, is this the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Ze‘ira said, a baraita disagrees with Rebbi Simeon ben Laqish and he cannot explain it: If somebody had been crucified or mortally wounded when he signalled to write a bill of divorce to his wife, one writes and delivers on the assumption that his soul hangs on in him. Is it not impossible that his mind should not have been disturbed for an hour? This disagrees with Rebbi Simeon ben Laqish and he cannot explain it.
The Mishnah disagrees with Rebbi Simeon ben Laqish: “If he had said, write a bill of divorce for my wife, and afterwards had an attack of seizures and said, do not write, his later words are disregarded.” He explains it: After he regains his sanity, his later words are disregarded. If he gave her a bill of divorce saying that it should be valid only the next day and then suffered an attack of seizures, this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. If he threw her bill of divorce to her saying that it should be valid only the next day and then suffered an attack of seizures, this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Eleazar said that Rebbi Abin asked: If he separated heave from his grain heap and said, it shall be heave only tomorrow but the next day he suffered an attack of seizures, is this the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Ze‘ira said, a baraita disagrees with Rebbi Simeon ben Laqish and he cannot explain it: If somebody had been crucified or mortally wounded when he signalled to write a bill of divorce to his wife, one writes and delivers on the assumption that his soul hangs on in him. Is it not impossible that his mind should not have been disturbed for an hour? This disagrees with Rebbi Simeon ben Laqish and he cannot explain it.
The Mishnah disagrees with Rebbi Simeon ben Laqish: “If he had said, write a bill of divorce for my wife, and afterwards had an attack of seizures and said, do not write, his later words are disregarded.” He explains it: After he regains his sanity, his later words are disregarded. If he gave her a bill of divorce saying that it should be valid only the next day and then suffered an attack of seizures, this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. If he threw her bill of divorce to her saying that it should be valid only the next day and then suffered an attack of seizures, this is the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish. Rebbi Eleazar said that Rebbi Abin asked: If he separated heave from his grain heap and said, it shall be heave only tomorrow but the next day he suffered an attack of seizures, is this the disagreement between Rebbi Joḥanan and Rebbi Simeon ben Laqish? Rebbi Ze‘ira said, a baraita disagrees with Rebbi Simeon ben Laqish and he cannot explain it: If somebody had been crucified or mortally wounded when he signalled to write a bill of divorce to his wife, one writes and delivers on the assumption that his soul hangs on in him. Is it not impossible that his mind should not have been disturbed for an hour? This disagrees with Rebbi Simeon ben Laqish and he cannot explain it.
Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna. They say, does not a Mishnah disagree: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others execute his written instructions? They upheld it, if he was illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree: “If he wrote himself, or told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the bill] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid, (here also it is invalid). Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head!
Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna. They say, does not a Mishnah disagree: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others execute his written instructions? They upheld it, if he was illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree: “If he wrote himself, or told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the bill] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid, (here also it is invalid). Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head!
Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna. They say, does not a Mishnah disagree: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others execute his written instructions? They upheld it, if he was illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree: “If he wrote himself, or told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the bill] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid, (here also it is invalid). Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head!
Rebbi Yudan said, there, if he said I did such and such, here, if he says do such and such. Rebbi Benjamin ben Levi inquired: He should have understanding for the future if he has understanding for the past; (if he has no understanding for the past,) he would not have understanding for the future! Rebbi Abba Mari said, here we deal with a mute; there is no agency for a mute. Rebbi Yose ben Rebbi Abun said, we deal with a sane person. Why is there no divorce? Because I say, he was occupied with his documents. We also stated thus: “When was this said? When he was paralyzed while being healthy. But if he was paralyzed by a prior sickness, once is enough.”
But only if it is intermittent. Shall we write a bill of divorce for your wife? And he says, yes. For your mother, and he says, no. For your wife? And he says, yes. For your daughter, and he says, no. For your wife? And he says, yes. For your sister, and he says, no. Is it the same for testimony? Rebbi Abbahu came in the name of Rebbi Joḥanan: It is the same for testimony, since a person may testify while sitting. The same holds for vows. Rav Sheshet stated: Just as one checks three times for bills of divorce, so one checks for inheritance, commercial transactions, and gifts.
But only if it is intermittent. Shall we write a bill of divorce for your wife? And he says, yes. For your mother, and he says, no. For your wife? And he says, yes. For your daughter, and he says, no. For your wife? And he says, yes. For your sister, and he says, no. Is it the same for testimony? Rebbi Abbahu came in the name of Rebbi Joḥanan: It is the same for testimony, since a person may testify while sitting. The same holds for vows. Rav Sheshet stated: Just as one checks three times for bills of divorce, so one checks for inheritance, commercial transactions, and gifts.
MISHNAH: If they said to him, shall we write a bill of divorce for your wife? If he said to them, write, and they told the scribe who wrote, and the witnesses who signed; even though they wrote, signed, and delivered it to him and he delivered it to her, this is an invalid bill of divorce unless he said to the scribe, write, and to the witnesses, sign.
MISHNAH: If they said to him, shall we write a bill of divorce for your wife? If he said to them, write, and they told the scribe who wrote, and the witnesses who signed; even though they wrote, signed, and delivered it to him and he delivered it to her, this is an invalid bill of divorce unless he said to the scribe, write, and to the witnesses, sign.
HALAKHAH: “If they said to him, shall we write a bill of divorce for your wife,” etc. If he said to two people, say to X that he shall write and to Y and Z that they shall sign. Rebbi Ze‘ira in the name of Rebbi Jeremiah, this happened in the days of Rebbi, and he said, such a thing should not be done in Israel. Samuel said, it certainly should be done. Rav Jeremiah asked Samuel: If he said to two people, say to X that he write and you sign. He said to him, that is a bill of divorce but it needs study. The opinion of Samuel seems inverted. There, he said, it certainly should be done, and here, he says so? There is a difference, because they changed their testimony.
HALAKHAH: “If they said to him, shall we write a bill of divorce for your wife,” etc. If he said to two people, say to X that he shall write and to Y and Z that they shall sign. Rebbi Ze‘ira in the name of Rebbi Jeremiah, this happened in the days of Rebbi, and he said, such a thing should not be done in Israel. Samuel said, it certainly should be done. Rav Jeremiah asked Samuel: If he said to two people, say to X that he write and you sign. He said to him, that is a bill of divorce but it needs study. The opinion of Samuel seems inverted. There, he said, it certainly should be done, and here, he says so? There is a difference, because they changed their testimony.
MISHNAH: “This is your bill of divorce if I should die, this is your bill of divorce if I should die from this illness, this is your bill of divorce after my death,” he did not say anything. “From today if I should die, from now if I should die,” that is a bill of divorce. “From today after my death” is no bill of divorce; if he dies she must receive ḥalîṣah but is barred from levirate marriage.
MISHNAH: “This is your bill of divorce if I should die, this is your bill of divorce if I should die from this illness, this is your bill of divorce after my death,” he did not say anything. “From today if I should die, from now if I should die,” that is a bill of divorce. “From today after my death” is no bill of divorce; if he dies she must receive ḥalîṣah but is barred from levirate marriage.
MISHNAH: “This is your bill of divorce if I should die, this is your bill of divorce if I should die from this illness, this is your bill of divorce after my death,” he did not say anything. “From today if I should die, from now if I should die,” that is a bill of divorce. “From today after my death” is no bill of divorce; if he dies she must receive ḥalîṣah but is barred from levirate marriage.
MISHNAH: “This is your bill of divorce if I should die, this is your bill of divorce if I should die from this illness, this is your bill of divorce after my death,” he did not say anything. “From today if I should die, from now if I should die,” that is a bill of divorce. “From today after my death” is no bill of divorce; if he dies she must receive ḥalîṣah but is barred from levirate marriage.
MISHNAH: “This is your bill of divorce if I should die, this is your bill of divorce if I should die from this illness, this is your bill of divorce after my death,” he did not say anything. “From today if I should die, from now if I should die,” that is a bill of divorce. “From today after my death” is no bill of divorce; if he dies she must receive ḥalîṣah but is barred from levirate marriage.
HALAKHAH: “ ‘This is your bill of divorce if I should die, this is your bill of divorce from this illness, this is your bill of divorce after my death,’ he did not say anything.” But our teachers said, it is a bill of divorce. Who are “our teachers”? Rebbi Jehudah the Prince and his court. In three places is Rebbi Jehudah the Prince called “our teachers”, about bills of divorce, oil, and a sole. They should have called him “permissive court” since any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about the bills of divorce.
HALAKHAH: “ ‘This is your bill of divorce if I should die, this is your bill of divorce from this illness, this is your bill of divorce after my death,’ he did not say anything.” But our teachers said, it is a bill of divorce. Who are “our teachers”? Rebbi Jehudah the Prince and his court. In three places is Rebbi Jehudah the Prince called “our teachers”, about bills of divorce, oil, and a sole. They should have called him “permissive court” since any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about the bills of divorce.
HALAKHAH: “ ‘This is your bill of divorce if I should die, this is your bill of divorce from this illness, this is your bill of divorce after my death,’ he did not say anything.” But our teachers said, it is a bill of divorce. Who are “our teachers”? Rebbi Jehudah the Prince and his court. In three places is Rebbi Jehudah the Prince called “our teachers”, about bills of divorce, oil, and a sole. They should have called him “permissive court” since any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about the bills of divorce.
HALAKHAH: “ ‘This is your bill of divorce if I should die, this is your bill of divorce from this illness, this is your bill of divorce after my death,’ he did not say anything.” But our teachers said, it is a bill of divorce. Who are “our teachers”? Rebbi Jehudah the Prince and his court. In three places is Rebbi Jehudah the Prince called “our teachers”, about bills of divorce, oil, and a sole. They should have called him “permissive court” since any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about the bills of divorce.
HALAKHAH: “ ‘This is your bill of divorce if I should die, this is your bill of divorce from this illness, this is your bill of divorce after my death,’ he did not say anything.” But our teachers said, it is a bill of divorce. Who are “our teachers”? Rebbi Jehudah the Prince and his court. In three places is Rebbi Jehudah the Prince called “our teachers”, about bills of divorce, oil, and a sole. They should have called him “permissive court” since any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about the bills of divorce.
HALAKHAH: “ ‘This is your bill of divorce if I should die, this is your bill of divorce from this illness, this is your bill of divorce after my death,’ he did not say anything.” But our teachers said, it is a bill of divorce. Who are “our teachers”? Rebbi Jehudah the Prince and his court. In three places is Rebbi Jehudah the Prince called “our teachers”, about bills of divorce, oil, and a sole. They should have called him “permissive court” since any court which permits three [previously forbidden] things is called “permissive court.” Rebbi Yudan ben Rebbi Ismael said, his court disagreed with him about the bills of divorce.
“ ‘From today if I should die, from now if I should die,’ that is a bill of divorce. ‘From today after my death’ is no bill of divorce.” Rebbi Yudan said, the rabbis and our teachers [discussed.] Our teachers objected to the rabbis: Why do you say, it is a bill of divorce? Because he said, “if”! But in the last statement, he said “if” and you say, it is no bill of divorce! But it must be because he said, “from today”. We also hold that “from today” is the main point. Rebbi objected to the rabbis. Why do you say, it is not a bill of divorce? Because he said, “from today”! But in the earlier statement, he said “from today” and you say, it is a bill of divorce! But it must be because he said, “if”. I also am holding that “if” is the main point. There, they switch attributions. Both Rebbi Yasa in the name of Rebbi Joḥanan and Rav say that the words of Rebbi [interpreted] there are the words of the rabbis [interpreted] here: Since he said “from today” it is as if he had said “on condition.” Rebbi Ze‘ira asked before Rebbi Yasa, “on condition that I die” or “on condition that it be after my death”? He said to him, “on condition that I die.” Rebbi Abba in the name of Rav: The words of Rebbi [interpreted] here are the words of the rabbis [interpreted] there: Since he said “from today” it is as if he had said “after death.”
“ ‘From today if I should die, from now if I should die,’ that is a bill of divorce. ‘From today after my death’ is no bill of divorce.” Rebbi Yudan said, the rabbis and our teachers [discussed.] Our teachers objected to the rabbis: Why do you say, it is a bill of divorce? Because he said, “if”! But in the last statement, he said “if” and you say, it is no bill of divorce! But it must be because he said, “from today”. We also hold that “from today” is the main point. Rebbi objected to the rabbis. Why do you say, it is not a bill of divorce? Because he said, “from today”! But in the earlier statement, he said “from today” and you say, it is a bill of divorce! But it must be because he said, “if”. I also am holding that “if” is the main point. There, they switch attributions. Both Rebbi Yasa in the name of Rebbi Joḥanan and Rav say that the words of Rebbi [interpreted] there are the words of the rabbis [interpreted] here: Since he said “from today” it is as if he had said “on condition.” Rebbi Ze‘ira asked before Rebbi Yasa, “on condition that I die” or “on condition that it be after my death”? He said to him, “on condition that I die.” Rebbi Abba in the name of Rav: The words of Rebbi [interpreted] here are the words of the rabbis [interpreted] there: Since he said “from today” it is as if he had said “after death.”
“ ‘From today if I should die, from now if I should die,’ that is a bill of divorce. ‘From today after my death’ is no bill of divorce.” Rebbi Yudan said, the rabbis and our teachers [discussed.] Our teachers objected to the rabbis: Why do you say, it is a bill of divorce? Because he said, “if”! But in the last statement, he said “if” and you say, it is no bill of divorce! But it must be because he said, “from today”. We also hold that “from today” is the main point. Rebbi objected to the rabbis. Why do you say, it is not a bill of divorce? Because he said, “from today”! But in the earlier statement, he said “from today” and you say, it is a bill of divorce! But it must be because he said, “if”. I also am holding that “if” is the main point. There, they switch attributions. Both Rebbi Yasa in the name of Rebbi Joḥanan and Rav say that the words of Rebbi [interpreted] there are the words of the rabbis [interpreted] here: Since he said “from today” it is as if he had said “on condition.” Rebbi Ze‘ira asked before Rebbi Yasa, “on condition that I die” or “on condition that it be after my death”? He said to him, “on condition that I die.” Rebbi Abba in the name of Rav: The words of Rebbi [interpreted] here are the words of the rabbis [interpreted] there: Since he said “from today” it is as if he had said “after death.”
“ ‘From today if I should die, from now if I should die,’ that is a bill of divorce. ‘From today after my death’ is no bill of divorce.” Rebbi Yudan said, the rabbis and our teachers [discussed.] Our teachers objected to the rabbis: Why do you say, it is a bill of divorce? Because he said, “if”! But in the last statement, he said “if” and you say, it is no bill of divorce! But it must be because he said, “from today”. We also hold that “from today” is the main point. Rebbi objected to the rabbis. Why do you say, it is not a bill of divorce? Because he said, “from today”! But in the earlier statement, he said “from today” and you say, it is a bill of divorce! But it must be because he said, “if”. I also am holding that “if” is the main point. There, they switch attributions. Both Rebbi Yasa in the name of Rebbi Joḥanan and Rav say that the words of Rebbi [interpreted] there are the words of the rabbis [interpreted] here: Since he said “from today” it is as if he had said “on condition.” Rebbi Ze‘ira asked before Rebbi Yasa, “on condition that I die” or “on condition that it be after my death”? He said to him, “on condition that I die.” Rebbi Abba in the name of Rav: The words of Rebbi [interpreted] here are the words of the rabbis [interpreted] there: Since he said “from today” it is as if he had said “after death.”
“ ‘From today if I should die, from now if I should die,’ that is a bill of divorce. ‘From today after my death’ is no bill of divorce.” Rebbi Yudan said, the rabbis and our teachers [discussed.] Our teachers objected to the rabbis: Why do you say, it is a bill of divorce? Because he said, “if”! But in the last statement, he said “if” and you say, it is no bill of divorce! But it must be because he said, “from today”. We also hold that “from today” is the main point. Rebbi objected to the rabbis. Why do you say, it is not a bill of divorce? Because he said, “from today”! But in the earlier statement, he said “from today” and you say, it is a bill of divorce! But it must be because he said, “if”. I also am holding that “if” is the main point. There, they switch attributions. Both Rebbi Yasa in the name of Rebbi Joḥanan and Rav say that the words of Rebbi [interpreted] there are the words of the rabbis [interpreted] here: Since he said “from today” it is as if he had said “on condition.” Rebbi Ze‘ira asked before Rebbi Yasa, “on condition that I die” or “on condition that it be after my death”? He said to him, “on condition that I die.” Rebbi Abba in the name of Rav: The words of Rebbi [interpreted] here are the words of the rabbis [interpreted] there: Since he said “from today” it is as if he had said “after death.”
“ ‘From today if I should die, from now if I should die,’ that is a bill of divorce. ‘From today after my death’ is no bill of divorce.” Rebbi Yudan said, the rabbis and our teachers [discussed.] Our teachers objected to the rabbis: Why do you say, it is a bill of divorce? Because he said, “if”! But in the last statement, he said “if” and you say, it is no bill of divorce! But it must be because he said, “from today”. We also hold that “from today” is the main point. Rebbi objected to the rabbis. Why do you say, it is not a bill of divorce? Because he said, “from today”! But in the earlier statement, he said “from today” and you say, it is a bill of divorce! But it must be because he said, “if”. I also am holding that “if” is the main point. There, they switch attributions. Both Rebbi Yasa in the name of Rebbi Joḥanan and Rav say that the words of Rebbi [interpreted] there are the words of the rabbis [interpreted] here: Since he said “from today” it is as if he had said “on condition.” Rebbi Ze‘ira asked before Rebbi Yasa, “on condition that I die” or “on condition that it be after my death”? He said to him, “on condition that I die.” Rebbi Abba in the name of Rav: The words of Rebbi [interpreted] here are the words of the rabbis [interpreted] there: Since he said “from today” it is as if he had said “after death.”
There, we have stated: “If somebody writes his property over to his sons, he has to write: From today and after death. Rebbi Yose says, this is unnecessary.” What is Rebbi Yose’s reason? The date of the document is its proof. The colleagues in the name of Rebbi Joḥanan: This is no condition. Rebbi Ze‘ira in the name of Rebbi Joḥanan: It applies neither to bills of divorce nor to gifts. Rebbi Ila said, for a gift; since he said “from today”, the gift is irrevocable. Why did he write “after death”? To reserve the yield to himself. But in bills of divorce, since he wrote “from today” in the bill, it would be a separation. Why did he write “after death”? To reserve her body to himself. Rebbi Bibon bar Cahana said before Rebbi Ilai, not to reserve her earnings for himself? He answered, we do not find a woman married to one man and her earnings belonging to another. Rebbi Ze‘ira praised him for this and called him “son of the Torah.”
There, we have stated: “If somebody writes his property over to his sons, he has to write: From today and after death. Rebbi Yose says, this is unnecessary.” What is Rebbi Yose’s reason? The date of the document is its proof. The colleagues in the name of Rebbi Joḥanan: This is no condition. Rebbi Ze‘ira in the name of Rebbi Joḥanan: It applies neither to bills of divorce nor to gifts. Rebbi Ila said, for a gift; since he said “from today”, the gift is irrevocable. Why did he write “after death”? To reserve the yield to himself. But in bills of divorce, since he wrote “from today” in the bill, it would be a separation. Why did he write “after death”? To reserve her body to himself. Rebbi Bibon bar Cahana said before Rebbi Ilai, not to reserve her earnings for himself? He answered, we do not find a woman married to one man and her earnings belonging to another. Rebbi Ze‘ira praised him for this and called him “son of the Torah.”
MISHNAH: “This is your bill of divorce from today if I should die from this illness;” if he got up, walked on the market, fell ill again and died, one estimates whether he died from the original sickness, in which case it is a bill of divorce; otherwise it is no bill of divorce. She may not be alone with him except in the presence of witnesses, which may be even a male or a female slave except her personal slave girl since she has no shame in the presence of her personal slave girl. What is her status in those days? Rebbi Jehudah says, she is a married woman in all respects. Rebbi Yose says, she is divorced and not divorced.
MISHNAH: “This is your bill of divorce from today if I should die from this illness;” if he got up, walked on the market, fell ill again and died, one estimates whether he died from the original sickness, in which case it is a bill of divorce; otherwise it is no bill of divorce. She may not be alone with him except in the presence of witnesses, which may be even a male or a female slave except her personal slave girl since she has no shame in the presence of her personal slave girl. What is her status in those days? Rebbi Jehudah says, she is a married woman in all respects. Rebbi Yose says, she is divorced and not divorced.