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Yevamot 91: When Rape Is Not at All Rape

In the case of the woman who has remarried after the testimony that her first husband has died, but not with the consent of the court – she can go back to her first husband, once it is determined that he is alive. Which leads to a debate about the way to talk about the halakhah, and how one should not appropriate another’s opinion without naming him. Plus, a comparison to rape that sounds difficult to modern ears, but actually leads to rendering a decision in the woman’s favor. Also, the question of establishing fact on the basis of two witnesses – what, really, could she have done?! Except the Gemara brings 6 challenges to that same premise. The case of divorce being a sharp question here, including an example where the women getting divorced is criticized for not checking the text of the get, apparently herself. Plus, a “bald get.”

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Anne and Yardaena

Anne Gordon is the deputy editor of Ops & Blogs at The Times of Israel. She is a veteran educator, having taught in high school and post-high school institutions in Israel and America for several decades. Yardaena Osband is a pediatrician and teaches in her community and online. They both hail from Boston, proud alumna of Maimonides School, where they first learned Gemara. Talking Talmud is their conversation (via podcast) on the daf yomi. They say: "Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf...) Join the conversation with us!"
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