divorced

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: “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.

MISHNAH: “This is your bill of divorce on condition that you give me 200 zuz;” she is divorced and has to pay. “On condition that you give me within thirty days,” if she paid within thirty days she is divorced, otherwise she is not divorced. Rabban Simeon ben Gamliel said, it happened in Sidon that someone said to his wife “this is your bill of divorce on condition that you return to me my stole” and it turned out that his stole was lost; then the Sages said, she shall pay him its value.

MISHNAH: “This is your bill of divorce on condition that you give me 200 zuz;” she is divorced and has to pay. “On condition that you give me within thirty days,” if she paid within thirty days she is divorced, otherwise she is not divorced. Rabban Simeon ben Gamliel said, it happened in Sidon that someone said to his wife “this is your bill of divorce on condition that you return to me my stole” and it turned out that his stole was lost; then the Sages said, she shall pay him its value.

MISHNAH: “This is your bill of divorce on condition that you give me 200 zuz;” she is divorced and has to pay. “On condition that you give me within thirty days,” if she paid within thirty days she is divorced, otherwise she is not divorced. Rabban Simeon ben Gamliel said, it happened in Sidon that someone said to his wife “this is your bill of divorce on condition that you return to me my stole” and it turned out that his stole was lost; then the Sages said, she shall pay him its value.

MISHNAH: “This is your bill of divorce if I should not return within twelve months,” if he died within the twelve months it is no bill of divorce. “This is your bill of divorce from today if I should not return within twelve months,” if he died within the twelve months it is a bill of divorce. “If I should not return within twelve months from today write a bill of divorce and deliver to my wife;” if they wrote a bill of divorce within twelve months and delivered it within twelve months, it is no bill of divorce. “Write a bill of divorce and deliver to my wife if I should not return within twelve months from today;” if they wrote a bill of divorce within twelve months and delivered it after twelve months, it is no bill of divorce; Rebbi Yose says, this is an example of a bill of divorce. If they wrote after twelve months and delivered after twelve months but he had died, if the bill of divorce preceded the death it is a bill of divorce but if the death preceded the bill of divorce it is no bill of divorce. If it is not known, it is a case where they say, she is divorced and not divorced.

MISHNAH: “This is your bill of divorce if I should not return within twelve months,” if he died within the twelve months it is no bill of divorce. “This is your bill of divorce from today if I should not return within twelve months,” if he died within the twelve months it is a bill of divorce. “If I should not return within twelve months from today write a bill of divorce and deliver to my wife;” if they wrote a bill of divorce within twelve months and delivered it within twelve months, it is no bill of divorce. “Write a bill of divorce and deliver to my wife if I should not return within twelve months from today;” if they wrote a bill of divorce within twelve months and delivered it after twelve months, it is no bill of divorce; Rebbi Yose says, this is an example of a bill of divorce. If they wrote after twelve months and delivered after twelve months but he had died, if the bill of divorce preceded the death it is a bill of divorce but if the death preceded the bill of divorce it is no bill of divorce. If it is not known, it is a case where they say, she is divorced and not divorced.

MISHNAH: If somebody throws a bill of divorce to his wife while she is in her own house or her own courtyard, she is divorced. If he threw it to her inside his house or his courtyard, even if he was together with her in a bed, she is not divorced. Into her bosom or her wool basket, she is divorced.

MISHNAH: If somebody throws a bill of divorce to his wife while she is in her own house or her own courtyard, she is divorced. If he threw it to her inside his house or his courtyard, even if he was together with her in a bed, she is not divorced. Into her bosom or her wool basket, she is divorced.

MISHNAH: If somebody throws a bill of divorce to his wife while she is in her own house or her own courtyard, she is divorced. If he threw it to her inside his house or his courtyard, even if he was together with her in a bed, she is not divorced. Into her bosom or her wool basket, she is divorced.

Ulla bar Ismael said, he never thought to have a right to her wool basket. Think of it, if her wool basket was of gold? Certainly he never thought to have a right to her wool basket. Rebbi Joḥanan said, only if it is being used. Rebbi Yose said, only if she is using it at that moment. Rebbi Simeon ben Laqish said, if it is tied to her; Rebbi Yose said, if she lifts it for her purpose. Rebbi Hoshaiah stated in support of Rebbi Joḥanan: Even if he threw it into her maloš she is divorced.

MISHNAH: If he said to her, “take this bond,” or she found it behind his back, she read it and it turned out to be her bill of divorce, it is no bill of divorce until he says to her “this is your bill of divorce”. If he put it into her hand while she was asleep, after she awoke she read it and it turned out to be her bill of divorce, it is no bill of divorce until he says to her “this is your bill of divorce”. If she was standing in the public domain when he threw it to her and it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.

MISHNAH: If he said to her, “take this bond,” or she found it behind his back, she read it and it turned out to be her bill of divorce, it is no bill of divorce until he says to her “this is your bill of divorce”. If he put it into her hand while she was asleep, after she awoke she read it and it turned out to be her bill of divorce, it is no bill of divorce until he says to her “this is your bill of divorce”. If she was standing in the public domain when he threw it to her and it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

How close is “near”? Rav said, four cubits. Rebbi Ilai the heir said, four cubits. Rebbi Eleazar in the name of Rebbi Joḥanan in the name of Rebbi Yannai: Stretching out hands, and we have stated: “stretching out hands.” Rebbi Abba, Rebbi Jeremiah, in the name of Rav: Stretching out hands. The argument of Rav is inverted; there, he says four cubits and here he says so? There in theory, here in practice. “Rebbi Eleazar stated: Even if it was closer to her than to him but a dog came and took it away, she is not divorced.” Samuel agrees with Rebbi Eleazar and disagrees. The clearest way is that he puts it into her hand. If there was room for stretching out hands between him and her, Simeon bar Abba in the name of Rebbi Joḥanan [states]: If it was closer to her than to him she is divorced, closer to him than to her she is not divorced, half and half she is divorced and not divorced. Abba bar Rav Jeremiah said: In all cases in which we have stated “divorced and not divorced”, support is on him.

MISHNAH: The same applies for preliminary marriages and for [liquidation of] debts. If he said to him, throw to me what you owe me and he threw it close to the lender, the borrower is acquitted, close to the borrower, the borrower remains obligated, in the middle both of them must share it. If she was standing on top of her roof and he threw it to her, as soon as it reached the roof’s airspace she is divorced. If he was on top and she below, once it left the domain of the roof she is divorced even if it was blotted out or burned.

MISHNAH: The same applies for preliminary marriages and for [liquidation of] debts. If he said to him, throw to me what you owe me and he threw it close to the lender, the borrower is acquitted, close to the borrower, the borrower remains obligated, in the middle both of them must share it. If she was standing on top of her roof and he threw it to her, as soon as it reached the roof’s airspace she is divorced. If he was on top and she below, once it left the domain of the roof she is divorced even if it was blotted out or burned.

MISHNAH: If he wrote in the name of an inappropriate government, in the name of the government of Media or the government of Greece, from the construction of the Temple or the destruction of the Temple; if he was in the West and wrote “in the East” or in the East and wrote “in the West”, she needs a bill of divorce from both of them, she has neither ketubah nor usufruct nor used clothing from either of them, and if she took anything she must return it. Any child from either of the men is a bastard; neither of them may defile himself for her. Neither man has any claim on what she finds or earns, or on invalidation of her vows. If she was the daughter of an Israel, she is disabled from priesthood, the daughter of a Levite from tithe, the daughter of a Cohen from heave. The heirs of neither man inherit her ketubah. If they died, the brothers of both of them perform ḥaliṣah but not levirate. If he changed his or her name or the name of his or her city she shall be divorced from both of them and all the indicated consequences apply to her. Referring to all the close relatives about whom they said that their co-wives are permitted, if any of the co-wives went and married otherwise but the relatives turned out to be she-rams, she shall be divorced from both of them and all the aforementioned consequences apply to her.

MISHNAH: If he wrote in the name of an inappropriate government, in the name of the government of Media or the government of Greece, from the construction of the Temple or the destruction of the Temple; if he was in the West and wrote “in the East” or in the East and wrote “in the West”, she needs a bill of divorce from both of them, she has neither ketubah nor usufruct nor used clothing from either of them, and if she took anything she must return it. Any child from either of the men is a bastard; neither of them may defile himself for her. Neither man has any claim on what she finds or earns, or on invalidation of her vows. If she was the daughter of an Israel, she is disabled from priesthood, the daughter of a Levite from tithe, the daughter of a Cohen from heave. The heirs of neither man inherit her ketubah. If they died, the brothers of both of them perform ḥaliṣah but not levirate. If he changed his or her name or the name of his or her city she shall be divorced from both of them and all the indicated consequences apply to her. Referring to all the close relatives about whom they said that their co-wives are permitted, if any of the co-wives went and married otherwise but the relatives turned out to be she-rams, she shall be divorced from both of them and all the aforementioned consequences apply to her.

HALAKHAH: “If he wrote in the name of an inappropriate government, in the name of the government of Media,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: They declared the child a bastard because of the danger. Rav Huna in the name of Rav: This entire Chapter is Rebbi Meїr’s except for “if he changed his or her name or the name of his or her city.” Rebbi Mana asked before Rebbi Yasa: Also “if somebody divorced his wife”? He said to him, not your Chapter but our Chapter.

MISHNAH: If somebody married his sister-in-law while her co-wife went and married somebody else, if the sister-in-law turns out to be a she-ram, the co-wife shall be divorced from both of them and all the aforementioned consequences apply to her.

MISHNAH: If the scribe wrote and then in error handed the bill of divorce to the woman and the receipt to the man and they exchanged them, then later the bill of divorce is found with the man and the receipt with the woman, she shall be divorced from both of them and all the indicated consequences apply to her. Rebbi Eliezer says: If it was found out immediately, this is no bill of divorce. If it was found out later, it is a bill of divorce since the first cannot destroy the rights of the second.

MISHNAH: If somebody divorced his wife but she stayed with him in a hostelry, the House of Shammai say that she does not need a second bill of divorce from him, but the House of Hillel say that she needs a second bill of divorce from him. When? If she was divorced after definitive marriage. But they agree that if she was divorced after preliminary marriage, she does not need a second bill of divorce from him since he was not intimate with her. If somebody married her based on a bald bill of divorce, she shall be divorced from both of them and all the indicated consequences apply to her.

MISHNAH: If somebody divorced his wife but she stayed with him in a hostelry, the House of Shammai say that she does not need a second bill of divorce from him, but the House of Hillel say that she needs a second bill of divorce from him. When? If she was divorced after definitive marriage. But they agree that if she was divorced after preliminary marriage, she does not need a second bill of divorce from him since he was not intimate with her. If somebody married her based on a bald bill of divorce, she shall be divorced from both of them and all the indicated consequences apply to her.

MISHNAH: If somebody divorced his wife but she stayed with him in a hostelry, the House of Shammai say that she does not need a second bill of divorce from him, but the House of Hillel say that she needs a second bill of divorce from him. When? If she was divorced after definitive marriage. But they agree that if she was divorced after preliminary marriage, she does not need a second bill of divorce from him since he was not intimate with her. If somebody married her based on a bald bill of divorce, she shall be divorced from both of them and all the indicated consequences apply to her.

MISHNAH: If somebody divorced his wife but she stayed with him in a hostelry, the House of Shammai say that she does not need a second bill of divorce from him, but the House of Hillel say that she needs a second bill of divorce from him. When? If she was divorced after definitive marriage. But they agree that if she was divorced after preliminary marriage, she does not need a second bill of divorce from him since he was not intimate with her. If somebody married her based on a bald bill of divorce, she shall be divorced from both of them and all the indicated consequences apply to her.

HALAKHAH: “If somebody divorced his wife but she stayed with him,” etc. Rebbi Mana said, the House of Shammai are consistent and the House of Hillel are consistent. Since the House of Shammai say that “a man may send away his wife with an old bill of divorce,” they say that she does not need a second bill of divorce from him. Rebbi Yose ben Rebbi Abun said, the House of Shammai are consistent and the House of Hillel are consistent. Since the House of Shammai say that “a man shall not divorce his wife unless he found in her a matter of immorality,” thy say that she is dirty in his eyes and he is not suspected of having relations with her, therefore she does not need a second bill of divorce from him.. Since the House of Hillel say, “even if she spoiled his food”, they say that she is not dirty in his eyes, he is suspected of having relations with her, and she needs a second bill of divorce from him’.

Rebbi Joḥanan said: There is no “she shall be divorced”. Rebbi Immi said, several boxes of cases came before Rebbi Joḥanan and Rebbi Simeon ben Laqish and they said, go and complete following Rebbi Aqiba.

MISHNAH: If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced, except if there was an excuse. What would be an excuse? Mr. X divorced his wife conditionally, or he threw valuables for preliminary marriage to her and it was doubtful whether it was closer to her than to him; that is an excuse.

MISHNAH: If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced, except if there was an excuse. What would be an excuse? Mr. X divorced his wife conditionally, or he threw valuables for preliminary marriage to her and it was doubtful whether it was closer to her than to him; that is an excuse.

MISHNAH: If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced, except if there was an excuse. What would be an excuse? Mr. X divorced his wife conditionally, or he threw valuables for preliminary marriage to her and it was doubtful whether it was closer to her than to him; that is an excuse.

HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning? No, people talk. So here also, people talk. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished. Rav said, they permitted only in case of a hearsay witness.

HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning? No, people talk. So here also, people talk. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished. Rav said, they permitted only in case of a hearsay witness.

HALAKHAH: Was it not stated in the name of the House of Shammai: Not only that the woman must leave because of incest; from where that she must leave if her head’s [hair] is loose, if the side seams of her dress are open, or her arms stripped bare? The verse says, “for he found in her a matter of nakedness.” How can the House of Shammai confirm this? Lest you say that one divorced because of immorality is forbidden, for anothercause she would be permitted. Rebbi Shila from Kefar-Tamarta said: The verse is difficult for the House of Shammai: “Her first husband, who had sent her away, cannot afterwards retake her.” Where do we hold? If to forbid her to him, is she not already forbidden to him? But we must hold, to burden him with a prohibition.

The word of the elder Rebbi Ḥiyya implies that Gentiles have no divorce, as Rebbi Ḥiyya stated in this matter: A Gentile who divorced his wife, who herself then went and married another, when the latter divorced her and then both of them converted, I do not read for them: “Her first husband who had divorced her cannot return to marry her.” It was stated in this matter: A case came before Rebbi and he approved.

The word of the elder Rebbi Ḥiyya implies that Gentiles have no divorce, as Rebbi Ḥiyya stated in this matter: A Gentile who divorced his wife, who herself then went and married another, when the latter divorced her and then both of them converted, I do not read for them: “Her first husband who had divorced her cannot return to marry her.” It was stated in this matter: A case came before Rebbi and he approved.

The word of the elder Rebbi Ḥiyya implies that Gentiles have no divorce, as Rebbi Ḥiyya stated in this matter: A Gentile who divorced his wife, who herself then went and married another, when the latter divorced her and then both of them converted, I do not read for them: “Her first husband who had divorced her cannot return to marry her.” It was stated in this matter: A case came before Rebbi and he approved.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

If he wrote it on material forbidden for usufruct? Rebbi Ḥanin stated: A case came before Rebbi who said, she is divorced. Rebbi Eleazar said, she is not divorced. Rebbi Ze‘ira said, the rabbis disagree: For him who said, she is not preliminary married, she is not divorced. For him who said, she is preliminary married, she is divorced. The colleagues say, for restrictions. Rebbi Yose asked, what means “for restrictions”? She is not preliminarily married but divorced, is this “for restrictions”? Or she is not divorced but preliminarily married, is this “for restrictions”? What about it? The rabbis of Caesarea in the name of Rebbi Jacob bar Aḥa: He who says that she is divorced, involving material forbidden for usufruct by their words. But he who says that she is not divorced, involving material forbidden for usufruct by words of the Torah. Therefore, by material forbidden for usufruct by their words she is preliminarily married. If you say so, does this not disagree with Rav? For Rav said, the words of Rebbi Meïr: A person who uses leavened material for preliminary marriage after noontime did not do anything. Is leavened material of any use after noontime? There, he used the material for preliminary marriage, but here he effected the preliminary marriage by the [written] conditions. But then she should be preliminarily married even with material forbidden for usufruct by the Torah! What is the difference between this and a document not worth a peruṭah? There, it cannot be used as filler. But here, it can be used as filler.

Rebbi Samuel bar Rav Isaac asked: How can a ḥăruphah slave girl acquire her autonomy in such a way that she would be freed from flogging, and [free] the one who had intercourse with her from a reparation sacrifice? It is obvious that she cannot leave by a bill of divorce since Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least since (Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least). Rebbi Yose said in Rebbi Joḥanan’s name: Aquila the proselyte translated before Rebbi Aqiba “and she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “she spread morsels on it.” Rebbi Ḥiyya said in Rebbi Joḥanan’s name: So Rebbi Eleazar ben Rebbi Simeon explained it before the Sages. “And she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “in morsels by a pestle.”

Rebbi Samuel bar Rav Isaac asked: How can a ḥăruphah slave girl acquire her autonomy in such a way that she would be freed from flogging, and [free] the one who had intercourse with her from a reparation sacrifice? It is obvious that she cannot leave by a bill of divorce since Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least since (Rebbi Ḥiyya said in Rebbi Joḥanan’s name: If a person who is half slave and half free entered a preliminary marriage, one does not consider his marriage. In parallel, if he divorced one does not consider his divorce. It is obvious that she can leave by a bill of divorce at least). Rebbi Yose said in Rebbi Joḥanan’s name: Aquila the proselyte translated before Rebbi Aqiba “and she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “she spread morsels on it.” Rebbi Ḥiyya said in Rebbi Joḥanan’s name: So Rebbi Eleazar ben Rebbi Simeon explained it before the Sages. “And she is a slave girl נֶחֱרֶפֶת to a man”, by “one who was pounded before a man”, as you say, “in morsels by a pestle.”

Rebbi Yose asked: When they remained until the time of indicators, does he retroactively become a man or from that time onward? For Rebbi Abun it is obvious that he becomes a man retroactively, so certainly also for the future, for he explains the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah. Why does Rebbi Yose not explain the position of Rebbi Simeon ben Laqish by Rebbi Yose ben Rebbi Jehudah since he asked, when they remained until the time of indicators, does he retroactively become a man or from that time onward? Rebbi Mana said, because he had difficulty. Rebbi Yose asked before me: When they remained until the time of indicators, does he retroactively become a man or from that time onward? One understands the case of a widow. But a divorcee? Explain it if he copulated with her after he became an adult and divorced her. Ḥalîṣah? Explain it if he copulated with her, died, and the [adult] brothers performed ḥalîṣah; she had ḥalîṣah because of him. In that case, even if he was younger than nine [years]! Rebbi Samuel ben Eudaimon said, that is correct. But because in all cases one stated “nine”, one stated this with them.

Then they changed it to clipping. What is clipping? If a man sold his inherited field, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his inheritance. When he brought it back, they were doing the same and saying, X returned to his inheritance. Rebbi Yose ben Rebbi Abun said, also if a man married an unsuitable woman, his relatives brought amphoras, filled them with roasted kernels and nuts and broke them before children. The children were collecting them and saying, X was clipped from his family. When he divorced her, they were doing the same and saying, X returned to his family.

Commandments which the son is obligated to fulfill towards his father. What is fear? He may not sit in his place and may not speak in his stead nor contradict his words. What is honor? He feeds and gives him to drink, clothes him, covers him, and puts on his shoes, leads him out and in. From whose money? Huna bar Ḥiyya said, from the old man’s. Some want to say, from his own. Did not Rebbi Abbahu say in the name of Rebbi Yose bar Ḥanina: From where do we know that even if his father tells him to throw the wallet into the sea that he should obey him? That is, if he has another one and if it helps to quiet his father’s spirit. Both men and women. Only the man has the power in his hand, but the woman does not have the power in her own hand because others have disposition over her. If she is widowed or divorced, the power is in her own hand.

“If he married her definitively without inquiry”. Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if he proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he. made it conditional, could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ben Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

“If he married her definitively without inquiry”. Rebbi Simeon ben Laqish said, the Mishnah deals with the case that he married her preliminarily conditionally but definitively silently. But if he married her preliminarily silently and definitively silently, she can claim her ketubah. Rebbi Joḥanan said, even if he married her preliminarily silently and definitively silently, she has no ketubah. Rebbi Ḥiyya in the name of Rebbi Joḥanan: But she needs a bill of divorce from him even if he married her preliminarily conditionally but definitively silently. Rebbi Ze‘ira asked before Rebbi Mana: In case he married her preliminarily silently and divorced her after the preliminary marriage, what does Rebbi Simeon ben Laqish say? Let us hear from the following: “If she had bodily defects, as long as she is in her father’s house, the father has to prove.” This implies that if he proved his case, she can claim her ketubah. What do you see to say, if he married her preliminarily silently and divorced her after the preliminary marriage! Where do we hold? Since afterwards [it is stated]: “When was this said? For hidden defects, but he has no claim about visible defects.” If he. made it conditional, could he not also claim for visible ones? But did not the colleagues say before Rebbi Yose: Should we say that the following statement disagrees with Rebbi Simeon ben Laqish? “Once she entered her husband’s domain, the husband has to prove.” This implies that if the husband proved his case, she has no claim to ketubah. But by the statement of Rebbi Simeon ben Laqish, she has a claim to ketubah. Rebbi Cohen in the name of the rabbis of Caesarea: The Mishnah deals with the case that he definitively married her but did not sleep with her; Rebbi Simeon ben Laqish speaks about the case that he definitively married her and slept with her; I am saying that she was acceptable to him since he took her to bed.

Therefore, if the second died within thirty days or divorced her, the preliminary marriage of the first is activated after thirty days. If he died after thirty [days] without having divorced her, the preliminary marriage of the first is not activated. That is what Rebbi Ḥiyya stated: With any condition which was fulfilled, even if later it becomes moot, she is preliminarily married. But with any condition which was not satisfied at the moment of preliminary marriage, even if later it became moot, she is not preliminarily married.

Therefore, if the second died within thirty days or divorced her, the preliminary marriage of the first is activated after thirty days. If he died after thirty [days] without having divorced her, the preliminary marriage of the first is not activated. That is what Rebbi Ḥiyya stated: With any condition which was fulfilled, even if later it becomes moot, she is preliminarily married. But with any condition which was not satisfied at the moment of preliminary marriage, even if later it became moot, she is not preliminarily married.

Rebbi Abbahu in the name of Rebbi Joḥanan: “This shall be an elevation sacrifice for thirty days,” it is an elevation sacrifice for thirty days; after thirty days it automatically becomes profane. What is its status regarding larceny? Rebbi Joḥanan said, the larceny is clear. Rebbi Ze‘ira, Rebbi Hila both say, the larceny is in doubt. “You are preliminarily married to me for thirty days,” she is preliminarily married. What is the difference between dedication and woman? We find that a dedication can be eliminated without redemption but we do not find that a woman could leave without a divorce document. Where do we find that a dedication can be eliminated without redemption? Following Rebbi Simeon, since Rebbi Simeon says, “they enter without paying.” Rebbi Yose ben Rebbi Abun said, explain it according to everybody regarding a bought field. “This is your bill of divorce for thirty days”: it is no bill of divorce. Rebbi Isaac ben R. Eleazar said, when do you say that she is preliminarily married? If he effectuated the preliminary marriage by money. But if he effectuated the preliminary marriage by a document, since marriage documents were inferred from divorce documents and in the case of a divorce she is not divorced, so in the case of a preliminary marriage she is not preliminarily married.

HALAKHAH: “If somebody says to a woman: You are preliminarily married to me,” etc. There, we have stated: “This is your bill of divorce on condition that you give me 200 zuz, she is divorced and has to pay. If she did not manage to pay before he died, it was stated: Rabban Simeon ben Gamliel says, she pays his father or his brother and is free from ḥalîṣah and levirate marriage. The same holds for preliminary marriage: “You are preliminarily married to me on condition that I give you 200 zuz;” if he did not manage to pay before he died, Rabban Simeon ben Gamliel says, his father or his brothers pay and she is subject to ḥalîṣah or levirate marriage.

If he performed a preliminary marriage during the validity of the symphōn, this is unconditional preliminary marriage. If he divorced, the students of Rebbi Jonah said, divorce touched her; Rebbi Jonah said, divorce did not touch her. When Rebbi Jonah died, his students acted following him. They said, since after 30 [days] she would leave without a bill of divorce, how can you say that divorce touched her? But divorce did not touch her. If he died during the time stipulated in the symphōn, Rebbi Abbahu said, she is permitted to marry; Rebbi Abba said, she is not permitted to marry. Rebbi Mana asked the family of Rebbi Yose’s father: How did your master usually act? He said to him, when it was a long time, he said that she should go and marry immediately. If the time was short, he said, what is the hurt if she waits? If he sent things during the validity of the symphōn, Rebbi Mana said, [it follows the rules of] symphōn; Rebbi Abba said, [it follows the rules of] preliminary marriage. The rabbis take note of Rebbi Mana’s opinion.

The elder Rebbi Hoshaia and Rebbi Jehudah Neśia were sitting together. They said, let us say something on the subject of preliminary marriage. If somebody say to his wife, here you have a peruṭaḣ that you should be preliminarily married to me after I have divorced you, what is the rule? They laughed and got up. Rebbi Yose said, why did they laugh? Did not Rebbi Abba bar Mamal say, “after you are freed”, she is made dependent on another person’s will; and here “after you are divorced,” she is made dependent on another’s will. If you want to find a difficulty. ask the following: A person went to preliminarily marry a woman. Another person overtook him and said to her, you should know that the man who is coming to preliminarily marry you has a bad mind. In the future he will abandon you. But here you have this peruṭah that you should be preliminarily married to me after he will have divorced you. What is the rule?

The elder Rebbi Hoshaia and Rebbi Jehudah Neśia were sitting together. They said, let us say something on the subject of preliminary marriage. If somebody say to his wife, here you have a peruṭaḣ that you should be preliminarily married to me after I have divorced you, what is the rule? They laughed and got up. Rebbi Yose said, why did they laugh? Did not Rebbi Abba bar Mamal say, “after you are freed”, she is made dependent on another person’s will; and here “after you are divorced,” she is made dependent on another’s will. If you want to find a difficulty. ask the following: A person went to preliminarily marry a woman. Another person overtook him and said to her, you should know that the man who is coming to preliminarily marry you has a bad mind. In the future he will abandon you. But here you have this peruṭah that you should be preliminarily married to me after he will have divorced you. What is the rule?

The elder Rebbi Hoshaia and Rebbi Jehudah Neśia were sitting together. They said, let us say something on the subject of preliminary marriage. If somebody say to his wife, here you have a peruṭaḣ that you should be preliminarily married to me after I have divorced you, what is the rule? They laughed and got up. Rebbi Yose said, why did they laugh? Did not Rebbi Abba bar Mamal say, “after you are freed”, she is made dependent on another person’s will; and here “after you are divorced,” she is made dependent on another’s will. If you want to find a difficulty. ask the following: A person went to preliminarily marry a woman. Another person overtook him and said to her, you should know that the man who is coming to preliminarily marry you has a bad mind. In the future he will abandon you. But here you have this peruṭah that you should be preliminarily married to me after he will have divorced you. What is the rule?

Ḥizqiah said, if he redeemed them they revert to their sanctity. Rebbi Joḥanan said, if he redeemed them they are redeemed. The Mishnah disagrees with Rebbi Joḥanan: “These have no redemption.” He explains thus: After they were cut they do not need redemption. Rebbi Yose said, what Ḥizqiah said refers to the case that he himself redeemed them. But if another person redeemed them, the sanctity is removed from them. The argument of Rebbi Yose is switched: There, he says that if [another] redeemed them, the sanctity is removed from them, but here, he says that if she was married to another man the qiddušin [of the first] were not removed! All that is questionable for him is if he gave her two peruṭot, one for the moment and one for after he divorced her; what is the situation?

HALAKHAH: “I preliminarily married off my younger daughter,” etc. “I preliminarily married off my daughter.” The underaged are included, the adults are excluded. “My daughter was preliminarily married,” even the underaged are not included. “I accepted my daughter’s bill of divorce,” the underaged are included, the adults are excluded. “My daughter was divorced,” even the underaged are not included. “I preliminarily married off my daughter to one of those disqualified for her,” he is believed. “I made her sleep with one of those disqualified for her,” he is not believed. “She had been kidnapped and I ransomed her,” whether she is underage or adult or had intercourse with one of those disqualified for her, he is not believed.

“ “I married a wife overseas.” It was stated: If he brought proof about the older ones, he still has to bring proof about the younger ones. Why? Rebbi Jonah said, I say that perhaps she was divorced in the meantime.

MISHNAH: It is bad to meet a deaf-mute, an insane, or an underage person: Anybody who injures them is liable but they who cause injury are not liable. It is bad to meet a woman or a slave: Anybody who injures them is liable but they who cause injury are not liable, but they might have to pay later. If the woman was divorced or the slave manumitted, they have to pay. A person who hits his father or mother causing a concussion or who causes injury to a fellow man on the Sabbath is not liable for anything since he is tried for his life. One who injures his own Canaanite slave is not liable for anything.

HALAKHAH: “If somebody saw a find” etc. Rabbi Simeon ben Laqish said [in the name of] Abba Cohen bar Delaiah: A person acquires a find within four cubits from himself. Rebbi Joḥanan said, only if it fell into his hand. A Mishnah disagrees with Rebbi Simeon ben Laqish: “If he took some of the peah and threw it on the rest, he has nothing of it.” He answered: Explain it if the did not say that his four cubits should acquire it for him. But does it not say afterwards: “If he fell on it or spread his talith on it, one removes him from it?” That is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it.” It is the same; he did not say that his four cubits should acquire it for him. But did we not state: “If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it.” It is the same, he did not say that his four cubits should acquire it for him. But did we not state: “If it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.” Ḥizqiah said, the Mishnah speaks of the scribe’s fee. They objected: Is it not written: “I in my poverty did prepare”? How is that? If it was in his possession, he was rich. If it was not in his possession, how can a person dedicate what is not his? It must be that it was within four cubits from him. Rebbi Abin said, what means “in my poverty?” That there is no wealth before Him Who commanded and the world came into existence! Another explanation: he fasted and donated the price of his meal to Heaven.

HALAKHAH: “If somebody saw a find” etc. Rabbi Simeon ben Laqish said [in the name of] Abba Cohen bar Delaiah: A person acquires a find within four cubits from himself. Rebbi Joḥanan said, only if it fell into his hand. A Mishnah disagrees with Rebbi Simeon ben Laqish: “If he took some of the peah and threw it on the rest, he has nothing of it.” He answered: Explain it if the did not say that his four cubits should acquire it for him. But does it not say afterwards: “If he fell on it or spread his talith on it, one removes him from it?” That is the same, if he did not say that his four cubits should acquire it for him. But did not Rebbi Ḥiyya state: “If two were pushing one another because of a sheaf and another poor person came and grabbed it from before them, he is entitled to it.” It is the same; he did not say that his four cubits should acquire it for him. But did we not state: “If somebody saw a find and fell upon it when another person grabbed it, the one who grabbed it acquired it.” It is the same, he did not say that his four cubits should acquire it for him. But did we not state: “If it landed close to her it is a bill of divorce, close to him it is no bill of divorce, half and half she is divorced and not divorced.” Ḥizqiah said, the Mishnah speaks of the scribe’s fee. They objected: Is it not written: “I in my poverty did prepare”? How is that? If it was in his possession, he was rich. If it was not in his possession, how can a person dedicate what is not his? It must be that it was within four cubits from him. Rebbi Abin said, what means “in my poverty?” That there is no wealth before Him Who commanded and the world came into existence! Another explanation: he fasted and donated the price of his meal to Heaven.

MISHNAH: The find of his small son or daughter, or of his Canaanite male or female slave, his wife’s find, these are his. The find of his adult son or daughter, or of his Hebrew male or female slave, his wife’s find after he divorced her even though he did not yet pay her ketubah, these are their own.

“His wife’s find after he divorced her.” Rebbi Yosana in the name of Rebbi Aḥa: A man who divorced his wife without paying her ketubah is liable for her upkeep until he gave her the last penny. Rebbi Yose said, the Mishnah says this, “his wife’s find after he divorced her.” Rebbi Hoshaiah said, the Mishnah is needed lest you say that because he is liable for her upkeep until he gave her the last penny, her find should be his.

“His wife’s find after he divorced her.” Rebbi Yosana in the name of Rebbi Aḥa: A man who divorced his wife without paying her ketubah is liable for her upkeep until he gave her the last penny. Rebbi Yose said, the Mishnah says this, “his wife’s find after he divorced her.” Rebbi Hoshaiah said, the Mishnah is needed lest you say that because he is liable for her upkeep until he gave her the last penny, her find should be his.

“His wife’s find after he divorced her.” Rebbi Yosana in the name of Rebbi Aḥa: A man who divorced his wife without paying her ketubah is liable for her upkeep until he gave her the last penny. Rebbi Yose said, the Mishnah says this, “his wife’s find after he divorced her.” Rebbi Hoshaiah said, the Mishnah is needed lest you say that because he is liable for her upkeep until he gave her the last penny, her find should be his.

MISHNAH: Similarly did Rabban Simeon ben Gamliel say that if a person was guarantor for a woman’s ketubah and her husband divorced her, the latter has to make a vow not to have any usufruct from her so they could not plan a partnership against that person’s property and then he would take back his wife.

They said, what was asked of Rebbi Yose also can be asked of Rebbi Ismael since it was stated in the name of Rebbi Ismael: If she became widowed, divorced, desecrated, and a whore in this order: when afterwards he copulated with her, he is liable only once. If she whored, was desecrated, and after that he copulated with her, he is liable for every single [transgression]. If she became widowed and divorced simultaneously, how does Rebbi Ismael treat this? The more severe and the lesser, how does Rebbi Ismael treat this? Two simultaneous prohibitions, how does Rebbi Ismael treat this?

They said, what was asked of Rebbi Yose also can be asked of Rebbi Ismael since it was stated in the name of Rebbi Ismael: If she became widowed, divorced, desecrated, and a whore in this order: when afterwards he copulated with her, he is liable only once. If she whored, was desecrated, and after that he copulated with her, he is liable for every single [transgression]. If she became widowed and divorced simultaneously, how does Rebbi Ismael treat this? The more severe and the lesser, how does Rebbi Ismael treat this? Two simultaneous prohibitions, how does Rebbi Ismael treat this?

MISHNAH: How are plotting witnesses treated? “We testify about this man that he is the son of a divorcee or a woman who had received ḥalîṣah” One does not say that he should be decreed to be the son of a divorcee or a woman who had received ḥalîṣah in his stead, but he is flogged 40 [lashes]. “We testify about this man that he is obligated to go into exile.” One does not say, this one should go into exile in his stead but he is flogged 40 [lashes]. “We testify about this man that he divorced his wife but did not pay her ketubaḥ.” Would he not finally have to pay her ketubah today or tomorrow? But one estimates how much would a man be willing to pay for the ketubah of this woman in case she would be widowed or divorced, but if she died her husband would inherit from her.

MISHNAH: How are plotting witnesses treated? “We testify about this man that he is the son of a divorcee or a woman who had received ḥalîṣah” One does not say that he should be decreed to be the son of a divorcee or a woman who had received ḥalîṣah in his stead, but he is flogged 40 [lashes]. “We testify about this man that he is obligated to go into exile.” One does not say, this one should go into exile in his stead but he is flogged 40 [lashes]. “We testify about this man that he divorced his wife but did not pay her ketubaḥ.” Would he not finally have to pay her ketubah today or tomorrow? But one estimates how much would a man be willing to pay for the ketubah of this woman in case she would be widowed or divorced, but if she died her husband would inherit from her.

What does it help? Rebbi Yose ben Rebbi Abun said, if half of his learning was from one and half of his learning from the other. His father’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his father’s have precedence or only if all his learning was from him? His teacher’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his teacher’s have precedence or only if all his learning was from him? His lost property, and his father’s lost property, and his mother’s lost property, and his teacher’s lost property. His own precedes his father’s, his father’s his mother’s, and his mother’s his teacher’s. Is that not a Mishnah, “the man precedes the woman to be kept alive and to return his lost property”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there. He, and his mother, and his teacher, and his father, were in captivity. He precedes his mother, his mother his teacher, and his teacher his father. Is that not a Mishnah, “but the woman precedes the man for clothing and to be freed from captivity”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there.

What does it help? Rebbi Yose ben Rebbi Abun said, if half of his learning was from one and half of his learning from the other. His father’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his father’s have precedence or only if all his learning was from him? His teacher’s lost property if half of his learning was from him and his mother’s lost property if she was divorced from his father, which has precedence? Does his teacher’s have precedence or only if all his learning was from him? His lost property, and his father’s lost property, and his mother’s lost property, and his teacher’s lost property. His own precedes his father’s, his father’s his mother’s, and his mother’s his teacher’s. Is that not a Mishnah, “the man precedes the woman to be kept alive and to return his lost property”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there. He, and his mother, and his teacher, and his father, were in captivity. He precedes his mother, his mother his teacher, and his teacher his father. Is that not a Mishnah, “but the woman precedes the man for clothing and to be freed from captivity”? They wanted to say, if his teacher was not there. He comes to tell you, even if his teacher was there.

And how do the rabbis expound the words, "And he writes"? They need that [text for to teach that] with writing she becomes divorced, but she does not become divorced with money Lest I would have said, since her going out [from the married state] is compared to her entry into it just as her entry is with money, so is her exit, therefore it teaches us [this].

And how do the rabbis expound the words, "And he writes"? They need that [text for to teach that] with writing she becomes divorced, but she does not become divorced with money Lest I would have said, since her going out [from the married state] is compared to her entry into it just as her entry is with money, so is her exit, therefore it teaches us [this].

MISHNA: [They say] We testify so-and-so divorced his wife and didn't give to her [money from] the Ketubah. In the end the money will have to be given betwen

It is assessed how much one would pay if she was widowed or divorced. Or how much if she would die and the husband would inherit.

So rather, what is the reason that [Rebbi Yochanon] retracted [his veiw]? Because he found [his veiw point] problematic with the case of a rapist [Ohneis] For it was taught in a barasiah An Ohneis who divorced his wife [in violation of the Torah's commandment], If he is a Yisroel [i.e. a non-Kohen] he takes her back and does not receive malkus. If he is a Kohen, he receives malkus and doesn't take her back.