Search

Gittin 2

Want to dedicate learning? Get started here:

English
עברית
podcast placeholder

0:00
0:00




podcast placeholder

0:00
0:00




Summary

Gittin bookmark and checklist

Masechet Gittin in sponsored by Elaine and Saul Schreiber in honor of their daughter-in-law, Daniela Schreiber. “Kol Hakavod on receiving your Masters of Science in Marriage and Family Therapy! We are so proud of you!” 

This week’s learning is dedicated in honor of Daniela Bellows Schreiber. “In honor of your completion of your Masters of Science in Marriage and Family Therapy. Daniela, you inspire us every day, with your focus and determination. We know firsthand how lucky your clients will be to have you in their lives. Love, Your Mah Jong Friends” 

Today’s daf is sponsored by Judi Felber in honor of Rabbanit Michelle. “Thank you for guiding me on the path of Daf Yomi (and life) for the past 2711 pages!” 

Today’s daf is sponsored by Lynn Kaye, Joe Nadis and Maya Zanger-Nadis in honor of the shloshim of their grandma Marylin Kurtz Zanger. “Grandma always kept us in line, making sure we understood our intellectual and cultural heritage and quietly sneaking us sugar cereal when we came to visit. She passed away at 97 after being the head of the family for decades. Grandma, we love you and miss you.” 

In what cases does a messenger delivering a divorce document from the husband to the wife need to say a declaration that it was written and signed before him? In general, this is needed if they are coming from abroad to Israel. Does this apply to cities on the border of Israel? What exactly are the borders? Is it necessary when bringing a get (divorce document) from Israel to abroad? Raba and Rava each offer different explanations for the reason that the messenger needs to make this declaration. Raba says the concern is that people abroad are not careful about making sure the get is written li’shma, specifically for this particular man and this particular woman. Rava says the concern is that we won’t be able to verify the signatures later since the witnesses are from abroad. What is the practical difference between the two opinions? According to Raba that the messenger needs to testify that the get was written li’shma, why it is enough to have only his testimony, don’t we generally need two witnesses to prove something in court? The answer given is that in prohibitions, one witness is enough.

Today’s daily daf tools:

Gittin 2

הַמֵּבִיא גֵּט מִמְּדִינַת הַיָּם, צָרִיךְ שֶׁיֹּאמַר בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם.

MISHNA: An agent who brings a bill of divorce [get] from a husband to his wife from a country overseas, i.e., from outside of Eretz Yisrael to Eretz Yisrael, is required to state the following formula when he hands over the bill of divorce: This bill of divorce was written in my presence and it was signed in my presence.

רַבָּן גַּמְלִיאֵל אוֹמֵר: אַף הַמֵּבִיא מִן הָרְקָם וּמִן הַחֶגֶר. רַבִּי אֱלִיעֶזֶר אוֹמֵר: אֲפִילּוּ מִכְּפַר לוּדִּים לְלוֹד.

Rabban Gamliel says: Even one who brings a bill of divorce from Rekem or from Ḥeger, which are on the periphery of Eretz Yisrael, must make this declaration. Rabbi Eliezer says: Even one who brings a bill of divorce from the village of Ludim to Lod must also make this declaration, despite the fact that these places are only a short distance apart. The reason is that the village of Ludim was not part of the main area settled by Jews in Eretz Yisrael.

וַחֲכָמִים אוֹמְרִים: אֵינוֹ צָרִיךְ שֶׁיֹּאמַר ״בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם״, אֶלָּא הַמֵּבִיא מִמְּדִינַת הַיָּם וְהַמּוֹלִיךְ. וְהַמֵּבִיא מִמְּדִינָה לִמְדִינָה בִּמְדִינַת הַיָּם, צָרִיךְ שֶׁיֹּאמַר ״בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם״. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֲפִילּוּ מֵהֶגְמוֹנְיָא לְהֶגְמוֹנְיָא.

And the Rabbis say that one is required to say: It was written in my presence and it was signed in my presence, only if he brings a bill of divorce from a country overseas to Eretz Yisrael, and the same applies to one who delivers a bill of divorce from Eretz Yisrael to a country overseas. And likewise an agent who brings a bill of divorce from one region to another region within the overseas countries is also required to say: It was written in my presence and it was signed in my presence. Rabban Shimon ben Gamliel says: This halakha applies not only to an agent who brings a bill of divorce from one country to another, but even to one who takes it from one district [hegmonya] to another district in the same country.

רַבִּי יְהוּדָה אוֹמֵר: מֵרְקָם לַמִּזְרָח, וּרְקָם – כַּמִּזְרָח; מֵאַשְׁקְלוֹן לַדָּרוֹם וְאַשְׁקְלוֹן – כַּדָּרוֹם; מֵעַכּוֹ לַצָּפוֹן, וְעַכּוֹ – כַּצָּפוֹן. רַבִּי מֵאִיר אוֹמֵר: עַכּוֹ – כְּאֶרֶץ יִשְׂרָאֵל לְגִיטִּין.

Rabbi Yehuda says: With regard to the borders of Eretz Yisrael, from Rekem eastward is considered to be part of the overseas country, and Rekem itself is like east of Eretz Yisrael, i.e., it is outside of Eretz Yisrael. From Ashkelon southward is outside of Eretz Yisrael, and Ashkelon itself is like south of Eretz Yisrael. Likewise, from Akko northward is outside of Eretz Yisrael, and Akko itself is like north of Eretz Yisrael. Rabbi Meir says: Akko is like Eretz Yisrael with regard to the halakhot of bills of divorce.

הַמֵּבִיא גֵּט בְּאֶרֶץ יִשְׂרָאֵל, אֵינוֹ צָרִיךְ שֶׁיֹּאמַר ״בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם״. וְאִם יֵשׁ עָלָיו עוֹרְרִים, יִתְקַיֵּים בְּחוֹתְמָיו.

One who brings a bill of divorce from one place to another within Eretz Yisrael is not required to say: It was written in my presence and it was signed in my presence. And if there are those who contest it, i.e., if the husband objects by saying that the bill of divorce is a forgery, it should be ratified through its signatories. The court must authenticate the signatures of the witnesses in order to ratify the document.

גְּמָ׳ מַאי טַעְמָא? רַבָּה אָמַר:

GEMARA: The mishna teaches that one who brings a bill of divorce from a country overseas to Eretz Yisrael must say: It was written in my presence and it was signed in my presence. The Gemara asks: What is the reason for this declaration? Rabba says:

לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ.

It is because the people who live overseas are not experts in writing a bill of divorce for her sake. It is not sufficient for a bill of divorce to be written in a technically correct manner. It must also be written for the sake of the man and the woman who are divorcing. Therefore, when the witness comes before the court and says that it was written and signed in his presence, he is testifying that the writing and the signing of the bill of divorce were performed for the sake of the man and woman in question.

רָבָא אָמַר: לְפִי שֶׁאֵין עֵדִים מְצוּיִין לְקַיְּימוֹ.

Rava says a different reason: It is because there are no witnesses available to ratify it. Since the bill of divorce was written in a distant place, it is possible that the husband, or someone else, might later claim that the bill of divorce is a forgery. For this reason the agent must say that the bill of divorce was written and signed in his presence, a declaration that bars any subsequent objection on the part of the husband.

מַאי בֵּינַיְיהוּ? אִיכָּא בֵּינַיְיהוּ דְּאַתְיוּהוּ בֵּי תְרֵי. אִי נָמֵי, מִמְּדִינָה לִמְדִינָה בְּאֶרֶץ יִשְׂרָאֵל.

The Gemara asks: What is the difference between these two explanations? The Gemara answers: There is a difference between them with regard to a case where two people brought the bill of divorce. In this case, two witnesses are available to ratify the bill of divorce if someone objects to its validity. Alternatively, the difference concerns a case where the agent brings the bill of divorce from one region to another region within Eretz Yisrael. Here there is no concern that the bill of divorce might not have been written for her sake, as the residents of Eretz Yisrael are aware of this requirement. However, witnesses are not necessarily available to confirm the document.

אִי נָמֵי, בְּאוֹתָהּ מְדִינָה בִּמְדִינַת הַיָּם.

Alternatively, there is a difference between the two explanations in a case where the agent brings the bill of divorce within that same region in a country overseas. According to the opinion of Rabba, who says the concern is that the people there might not know that the document must be written for her sake, this problem is equally relevant in this case. However, according to the opinion of Rava, who says that the reason is because witnesses are not available, if the bill of divorce is brought in the same region then the witnesses will be available to ratify it.

וּלְרַבָּה דְּאָמַר לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ – לִיבְעֵי תְּרֵי, מִידֵּי דְּהָוֵה אַכֹּל עֵדֻיוֹת שֶׁבַּתּוֹרָה! עֵד אֶחָד נֶאֱמָן בְּאִיסּוּרִין.

The Gemara asks: And according to the opinion of Rabba, who said that the reason is because they are not experts in writing a bill of divorce for her sake, let us require two witnesses to testify about this, just as is the case with regard to all testimonies in the Torah. The Gemara answers: One witness is deemed credible with regard to prohibitions. In other words, if there is uncertainty as to whether a matter is prohibited or permitted, in the case of the heretofore married woman, the testimony of one witness is sufficient.

אֵימוֹר דְּאָמְרִינַן עֵד אֶחָד נֶאֱמָן בְּאִיסּוּרִין, כְּגוֹן חֲתִיכָה סָפֵק שֶׁל חֵלֶב סָפֵק שֶׁל שׁוּמָּן, דְּלָא אִיתַּחְזַק אִיסּוּרָא;

The Gemara asks: One can say that we say one witness is deemed credible with regard to prohibitions in a case such as where there is a piece of fat, and it is uncertain if it is forbidden fat [ḥelev] and uncertain if it is permitted fat. In this situation the piece can be rendered permitted by a single witness, as there is no presumption that it is forbidden. Therefore, as there is an uncertainty, and one witness said it is permitted fat, he is deemed credible.

אֲבָל הָכָא, דְּאִיתַּחְזַק אִיסּוּרָא דְּאֵשֶׁת אִישׁ, הָוֵי דָּבָר שֶׁבָּעֶרְוָה; וְאֵין דָּבָר שֶׁבְּעֶרְוָה פָּחוֹת מִשְּׁנַיִם!

However, here, where there is a presumption that this woman is forbidden, as she is a married woman, a status she retains until it is established that she has received a bill of divorce, if so, this is a matter of forbidden sexual relations, and the general principle is that there is no matter of testimony for forbidden sexual relations that can be attested to by fewer than two witnesses.

רוֹב בְּקִיאִין הֵן. וַאֲפִילּוּ לְרַבִּי מֵאִיר דְּחָיֵישׁ לְמִיעוּטָא – סְתָם סָפְרֵי דְּדַיָּינֵי מִיגְמָר גְּמִירִי, וְרַבָּנַן הוּא דְּאַצְרוּךְ; וְהָכָא

The Gemara answers: Rabba’s concern is not equivalent to a case of uncertainty, as most Jewish people are experts in the requirement that a bill of divorce must be written for the woman’s sake. And this is so even according to the opinion of Rabbi Meir, who is generally concerned about a minority in a matter of forbidden sexual relations. In this case Rabbi Meir concedes that one need not be concerned for the minority, as ordinary judicial scribes, who write bills of divorce, are learned in this halakha, and know that a bill of divorce must be written for the woman’s sake. And it is the Sages who required testimony about this matter, as an extra precaution. And here, with regard to this testimony,

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!

Judith Weil
Judith Weil

Raanana, Israel

At almost 70 I am just beginning my journey with Talmud and Hadran. I began not late, but right when I was called to learn. It is never too late to begin! The understanding patience of staff and participants with more experience and knowledge has been fabulous. The joy of learning never stops and for me. It is a new life, a new light, a new depth of love of The Holy One, Blessed be He.
Deborah Hoffman-Wade
Deborah Hoffman-Wade

Richmond, CA, United States

Studying has changed my life view on הלכה and יהדות and time. It has taught me bonudaries of the human nature and honesty of our sages in their discourse to try and build a nation of caring people .

Goldie Gilad
Goldie Gilad

Kfar Saba, Israel

I began to learn this cycle of Daf Yomi after my husband passed away 2 1/2 years ago. It seemed a good way to connect to him. Even though I don’t know whether he would have encouraged women learning Gemara, it would have opened wonderful conversations. It also gives me more depth for understanding my frum children and grandchildren. Thank you Hadran and Rabbanit Michelle Farber!!

Harriet Hartman
Harriet Hartman

Tzur Hadassah, Israel

I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!

Dena Lehrman
Dena Lehrman

אפרת, Israel

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

Dena Heller
Dena Heller

New Jersey, United States

The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.

Laura Warshawsky
Laura Warshawsky

Silver Spring, Maryland, United States

I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!

Anne Mirsky (1)
Anne Mirsky

Maale Adumim, Israel

As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.

Sue Parker Gerson
Sue Parker Gerson

Denver, United States

About a year into learning more about Judaism on a path to potential conversion, I saw an article about the upcoming Siyum HaShas in January of 2020. My curiosity was piqued and I immediately started investigating what learning the Daf actually meant. Daily learning? Just what I wanted. Seven and a half years? I love a challenge! So I dove in head first and I’ve enjoyed every moment!!
Nickie Matthews
Nickie Matthews

Blacksburg, United States

Attending the Siyyum in Jerusalem 26 months ago inspired me to become part of this community of learners. So many aspects of Jewish life have been illuminated by what we have learned in Seder Moed. My day is not complete without daf Yomi. I am so grateful to Rabbanit Michelle and the Hadran Community.

Nancy Kolodny
Nancy Kolodny

Newton, United States

I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Sarene Shanus
Sarene Shanus

Mamaroneck, NY, United States

I was exposed to Talmud in high school, but I was truly inspired after my daughter and I decided to attend the Women’s Siyum Shas in 2020. We knew that this was a historic moment. We were blown away, overcome with emotion at the euphoria of the revolution. Right then, I knew I would continue. My commitment deepened with the every-morning Virtual Beit Midrash on Zoom with R. Michelle.

Adina Hagege
Adina Hagege

Zichron Yaakov, Israel

תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.

Vitti Kones
Vitti Kones

מיתר, ישראל

I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!

Mona Fishbane
Mona Fishbane

Teaneck NJ, United States

I had tried to start after being inspired by the hadran siyum, but did not manage to stick to it. However, just before masechet taanit, our rav wrote a message to the shul WhatsApp encouraging people to start with masechet taanit, so I did! And this time, I’m hooked! I listen to the shiur every day , and am also trying to improve my skills.

Laura Major
Laura Major

Yad Binyamin, Israel

It’s hard to believe it has been over two years. Daf yomi has changed my life in so many ways and has been sustaining during this global sea change. Each day means learning something new, digging a little deeper, adding another lens, seeing worlds with new eyes. Daf has also fostered new friendships and deepened childhood connections, as long time friends have unexpectedly become havruta.

Joanna Rom
Joanna Rom

Northwest Washington, United States

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

When the new cycle began, I thought, If not now, when? I’d just turned 72. I feel like a tourist on a tour bus passing astonishing scenery each day. Rabbanit Michelle is my beloved tour guide. When the cycle ends, I’ll be 80. I pray that I’ll have strength and mind to continue the journey to glimpse a little more. My grandchildren think having a daf-learning savta is cool!

Wendy Dickstein
Wendy Dickstein

Jerusalem, Israel

Gittin 2

הַמֵּבִיא גֵּט מִמְּדִינַת הַיָּם, צָרִיךְ שֶׁיֹּאמַר בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם.

MISHNA: An agent who brings a bill of divorce [get] from a husband to his wife from a country overseas, i.e., from outside of Eretz Yisrael to Eretz Yisrael, is required to state the following formula when he hands over the bill of divorce: This bill of divorce was written in my presence and it was signed in my presence.

רַבָּן גַּמְלִיאֵל אוֹמֵר: אַף הַמֵּבִיא מִן הָרְקָם וּמִן הַחֶגֶר. רַבִּי אֱלִיעֶזֶר אוֹמֵר: אֲפִילּוּ מִכְּפַר לוּדִּים לְלוֹד.

Rabban Gamliel says: Even one who brings a bill of divorce from Rekem or from Ḥeger, which are on the periphery of Eretz Yisrael, must make this declaration. Rabbi Eliezer says: Even one who brings a bill of divorce from the village of Ludim to Lod must also make this declaration, despite the fact that these places are only a short distance apart. The reason is that the village of Ludim was not part of the main area settled by Jews in Eretz Yisrael.

וַחֲכָמִים אוֹמְרִים: אֵינוֹ צָרִיךְ שֶׁיֹּאמַר ״בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם״, אֶלָּא הַמֵּבִיא מִמְּדִינַת הַיָּם וְהַמּוֹלִיךְ. וְהַמֵּבִיא מִמְּדִינָה לִמְדִינָה בִּמְדִינַת הַיָּם, צָרִיךְ שֶׁיֹּאמַר ״בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם״. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: אֲפִילּוּ מֵהֶגְמוֹנְיָא לְהֶגְמוֹנְיָא.

And the Rabbis say that one is required to say: It was written in my presence and it was signed in my presence, only if he brings a bill of divorce from a country overseas to Eretz Yisrael, and the same applies to one who delivers a bill of divorce from Eretz Yisrael to a country overseas. And likewise an agent who brings a bill of divorce from one region to another region within the overseas countries is also required to say: It was written in my presence and it was signed in my presence. Rabban Shimon ben Gamliel says: This halakha applies not only to an agent who brings a bill of divorce from one country to another, but even to one who takes it from one district [hegmonya] to another district in the same country.

רַבִּי יְהוּדָה אוֹמֵר: מֵרְקָם לַמִּזְרָח, וּרְקָם – כַּמִּזְרָח; מֵאַשְׁקְלוֹן לַדָּרוֹם וְאַשְׁקְלוֹן – כַּדָּרוֹם; מֵעַכּוֹ לַצָּפוֹן, וְעַכּוֹ – כַּצָּפוֹן. רַבִּי מֵאִיר אוֹמֵר: עַכּוֹ – כְּאֶרֶץ יִשְׂרָאֵל לְגִיטִּין.

Rabbi Yehuda says: With regard to the borders of Eretz Yisrael, from Rekem eastward is considered to be part of the overseas country, and Rekem itself is like east of Eretz Yisrael, i.e., it is outside of Eretz Yisrael. From Ashkelon southward is outside of Eretz Yisrael, and Ashkelon itself is like south of Eretz Yisrael. Likewise, from Akko northward is outside of Eretz Yisrael, and Akko itself is like north of Eretz Yisrael. Rabbi Meir says: Akko is like Eretz Yisrael with regard to the halakhot of bills of divorce.

הַמֵּבִיא גֵּט בְּאֶרֶץ יִשְׂרָאֵל, אֵינוֹ צָרִיךְ שֶׁיֹּאמַר ״בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם״. וְאִם יֵשׁ עָלָיו עוֹרְרִים, יִתְקַיֵּים בְּחוֹתְמָיו.

One who brings a bill of divorce from one place to another within Eretz Yisrael is not required to say: It was written in my presence and it was signed in my presence. And if there are those who contest it, i.e., if the husband objects by saying that the bill of divorce is a forgery, it should be ratified through its signatories. The court must authenticate the signatures of the witnesses in order to ratify the document.

גְּמָ׳ מַאי טַעְמָא? רַבָּה אָמַר:

GEMARA: The mishna teaches that one who brings a bill of divorce from a country overseas to Eretz Yisrael must say: It was written in my presence and it was signed in my presence. The Gemara asks: What is the reason for this declaration? Rabba says:

לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ.

It is because the people who live overseas are not experts in writing a bill of divorce for her sake. It is not sufficient for a bill of divorce to be written in a technically correct manner. It must also be written for the sake of the man and the woman who are divorcing. Therefore, when the witness comes before the court and says that it was written and signed in his presence, he is testifying that the writing and the signing of the bill of divorce were performed for the sake of the man and woman in question.

רָבָא אָמַר: לְפִי שֶׁאֵין עֵדִים מְצוּיִין לְקַיְּימוֹ.

Rava says a different reason: It is because there are no witnesses available to ratify it. Since the bill of divorce was written in a distant place, it is possible that the husband, or someone else, might later claim that the bill of divorce is a forgery. For this reason the agent must say that the bill of divorce was written and signed in his presence, a declaration that bars any subsequent objection on the part of the husband.

מַאי בֵּינַיְיהוּ? אִיכָּא בֵּינַיְיהוּ דְּאַתְיוּהוּ בֵּי תְרֵי. אִי נָמֵי, מִמְּדִינָה לִמְדִינָה בְּאֶרֶץ יִשְׂרָאֵל.

The Gemara asks: What is the difference between these two explanations? The Gemara answers: There is a difference between them with regard to a case where two people brought the bill of divorce. In this case, two witnesses are available to ratify the bill of divorce if someone objects to its validity. Alternatively, the difference concerns a case where the agent brings the bill of divorce from one region to another region within Eretz Yisrael. Here there is no concern that the bill of divorce might not have been written for her sake, as the residents of Eretz Yisrael are aware of this requirement. However, witnesses are not necessarily available to confirm the document.

אִי נָמֵי, בְּאוֹתָהּ מְדִינָה בִּמְדִינַת הַיָּם.

Alternatively, there is a difference between the two explanations in a case where the agent brings the bill of divorce within that same region in a country overseas. According to the opinion of Rabba, who says the concern is that the people there might not know that the document must be written for her sake, this problem is equally relevant in this case. However, according to the opinion of Rava, who says that the reason is because witnesses are not available, if the bill of divorce is brought in the same region then the witnesses will be available to ratify it.

וּלְרַבָּה דְּאָמַר לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ – לִיבְעֵי תְּרֵי, מִידֵּי דְּהָוֵה אַכֹּל עֵדֻיוֹת שֶׁבַּתּוֹרָה! עֵד אֶחָד נֶאֱמָן בְּאִיסּוּרִין.

The Gemara asks: And according to the opinion of Rabba, who said that the reason is because they are not experts in writing a bill of divorce for her sake, let us require two witnesses to testify about this, just as is the case with regard to all testimonies in the Torah. The Gemara answers: One witness is deemed credible with regard to prohibitions. In other words, if there is uncertainty as to whether a matter is prohibited or permitted, in the case of the heretofore married woman, the testimony of one witness is sufficient.

אֵימוֹר דְּאָמְרִינַן עֵד אֶחָד נֶאֱמָן בְּאִיסּוּרִין, כְּגוֹן חֲתִיכָה סָפֵק שֶׁל חֵלֶב סָפֵק שֶׁל שׁוּמָּן, דְּלָא אִיתַּחְזַק אִיסּוּרָא;

The Gemara asks: One can say that we say one witness is deemed credible with regard to prohibitions in a case such as where there is a piece of fat, and it is uncertain if it is forbidden fat [ḥelev] and uncertain if it is permitted fat. In this situation the piece can be rendered permitted by a single witness, as there is no presumption that it is forbidden. Therefore, as there is an uncertainty, and one witness said it is permitted fat, he is deemed credible.

אֲבָל הָכָא, דְּאִיתַּחְזַק אִיסּוּרָא דְּאֵשֶׁת אִישׁ, הָוֵי דָּבָר שֶׁבָּעֶרְוָה; וְאֵין דָּבָר שֶׁבְּעֶרְוָה פָּחוֹת מִשְּׁנַיִם!

However, here, where there is a presumption that this woman is forbidden, as she is a married woman, a status she retains until it is established that she has received a bill of divorce, if so, this is a matter of forbidden sexual relations, and the general principle is that there is no matter of testimony for forbidden sexual relations that can be attested to by fewer than two witnesses.

רוֹב בְּקִיאִין הֵן. וַאֲפִילּוּ לְרַבִּי מֵאִיר דְּחָיֵישׁ לְמִיעוּטָא – סְתָם סָפְרֵי דְּדַיָּינֵי מִיגְמָר גְּמִירִי, וְרַבָּנַן הוּא דְּאַצְרוּךְ; וְהָכָא

The Gemara answers: Rabba’s concern is not equivalent to a case of uncertainty, as most Jewish people are experts in the requirement that a bill of divorce must be written for the woman’s sake. And this is so even according to the opinion of Rabbi Meir, who is generally concerned about a minority in a matter of forbidden sexual relations. In this case Rabbi Meir concedes that one need not be concerned for the minority, as ordinary judicial scribes, who write bills of divorce, are learned in this halakha, and know that a bill of divorce must be written for the woman’s sake. And it is the Sages who required testimony about this matter, as an extra precaution. And here, with regard to this testimony,

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete