Please ensure Javascript is enabled for purposes of website accessibility Skip to content

Today's Daf Yomi

August 13, 2023 | 讻状讜 讘讗讘 转砖驻状讙

  • This month's learning聽is sponsored by Leah Goldford in loving memory of聽her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Bat聽Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.

  • Masechet Gittin is sponsored by Elaine and聽Saul聽Schreiber in honor of their daughter-in-law Daniela Schreiber on receiving her Master of Science in Marriage and Family Therapy.

Gittin 90 – Siyum Gittin

  • For the text of the Hadran ceremony, click here.
  • For more information about What is a Siyum, click here.

Siyum Gittin is sponsored by Sara Berelowitz in loving memory of her Mother Cleme Bonime, Kila bat Yehuda a”h, on her 10th yahrzeit. “May her neshama have an aliya b’zchut the learning of the wonderful Hadran Daffers and Rabbanit Michelle.”

Siyum Gittin is sponsored by the Shuster family as a z’chut for the refuah shleima of Zev ben Chanah and Yisrael Ozer ben Devorah.聽

讜讛诇讻转讗 诪讜转专转 诇砖谞讬讛诐


And the halakha is that she is permitted to both of them.


诪转谞讬壮 讘讬转 砖诪讗讬 讗讜诪专讬诐 诇讗 讬讙专砖 讗讚诐 讗转 讗砖转讜 讗诇讗 讗诐 讻谉 诪爪讗 讘讛 讚讘专 注专讜讛 砖谞讗诪专 讻讬 诪爪讗 讘讛 注专讜转 讚讘专


MISHNA: Beit Shammai say: A man may not divorce his wife unless he finds out about her having engaged in a matter of forbidden sexual intercourse [devar erva], i.e., she committed adultery or is suspected of doing so, as it is stated: 鈥淏ecause he has found some unseemly matter [ervat davar] in her, and he writes her a scroll of severance鈥 (Deuteronomy 24:1).


讜讘讬转 讛诇诇 讗讜诪专讬诐 讗驻讬诇讜 讛拽讚讬讞讛 转讘砖讬诇讜 砖谞讗诪专 讻讬 诪爪讗 讘讛 注专讜转 讚讘专


And Beit Hillel say: He may divorce her even due to a minor issue, e.g., because she burned or over-salted his dish, as it is stated: 鈥淏ecause he has found some unseemly matter in her,鈥 meaning that he found any type of shortcoming in her.


专讘讬 注拽讬讘讗 讗讜诪专 讗驻讬诇讜 诪爪讗 讗讞专转 谞讗讛 讛讬诪谞讛 砖谞讗诪专 讜讛讬讛 讗诐 诇讗 转诪爪讗 讞谉 讘注讬谞讬讜


Rabbi Akiva says: He may divorce her even if he found another woman who is better looking than her and wishes to marry her, as it is stated in that verse: 鈥淎nd it comes to pass, if she finds no favor in his eyes鈥 (Deuteronomy 24:1).


讙诪壮 转谞讬讗 讗诪专讜 讘讬转 讛诇诇 诇讘讬转 砖诪讗讬 讜讛诇讗 讻讘专 谞讗诪专 讚讘专 讗诪专讜 诇讛诐 讘讬转 砖诪讗讬 讜讛诇讗 讻讘专 谞讗诪专 注专讜转


GEMARA: It is taught in a baraita that Beit Hillel said to Beit Shammai: But isn鈥檛 the word 鈥渕atter鈥 already stated in the verse, indicating that any disadvantageous matter is a legitimate reason for divorce? Beit Shammai said to them: But isn鈥檛 the word 鈥渦nseemly [ervat]鈥 already stated?


讗诪专讜 诇讛诐 讘讬转 讛诇诇 讗诐 谞讗诪专 注专讜转 讜诇讗 谞讗诪专 讚讘专 讛讬讬转讬 讗讜诪专 诪砖讜诐 注专讜讛 转爪讗 诪砖讜诐 讚讘专 诇讗 转爪讗 诇讻讱 谞讗诪专 讚讘专 讜讗讬诇讜 谞讗诪专 讚讘专 讜诇讗 谞讗诪专 注专讜转 讛讬讬转讬 讗讜诪专 诪砖讜诐 讚讘专 转谞砖讗 诇讗讞专 讜诪砖讜诐 注专讜讛 诇讗 转谞砖讗 诇讗讞专 诇讻讱 谞讗诪专 注专讜转


Beit Hillel said to them: If the word 鈥渦nseemly鈥 had been stated and the word 鈥渕atter鈥 had not been stated, I would have said that a wife should leave her husband due to forbidden sexual intercourse, but she should not have to leave him due to any other matter. Therefore, the word 鈥渕atter鈥 is stated. And if the word 鈥渕atter鈥 had been stated and the word 鈥渦nseemly鈥 had not been stated, I would have said that if he divorced her merely due to a disadvantageous matter she may marry another man, as the Torah continues: 鈥淎nd she departs out of his house, and goes and becomes another man鈥檚 wife鈥 (Deuteronomy 24:2). But if she was divorced due to her engaging in forbidden sexual intercourse, she may not marry another man, as she is prohibited from remarrying. Therefore, the word 鈥渦nseemly鈥 is stated, indicating that even a wife who is divorced due to adultery is permitted to remarry.


讜讘讬转 砖诪讗讬 讛讗讬 讚讘专 诪讗讬 注讘讚讬 诇讬讛 谞讗诪专 讻讗谉 讚讘专 讜谞讗诪专 诇讛诇谉 讚讘专 注诇 驻讬 砖谞讬 注讚讬诐 讗讜 注诇 驻讬 砖诇砖讛 注讚讬诐 讬拽讜诐 讚讘专 诪讛 诇讛诇谉 讘砖谞讬 注讚讬诐 讗祝 讻讗谉 讘砖谞讬 注讚讬诐


The Gemara asks: And what do Beit Shammai do with this word 鈥渕atter鈥? How do they interpret it? It seems superfluous, as in their opinion the verse refers specifically to a wife who engaged in forbidden sexual intercourse. The Gemara answers: The word 鈥渕atter鈥 is stated here, with regard to divorce, and the word 鈥渕atter鈥 is stated there, with regard to testimony: 鈥淎t the mouth of two witnesses, or at the mouth of three witnesses, a matter shall be established鈥 (Deuteronomy 19:15). Just as there, it is stated that a matter is established only through two witnesses, so too here, a matter of forbidden sexual intercourse justifies divorce only if it is established through two witnesses.


讜讘讬转 讛诇诇 诪讬 讻转讬讘 注专讜讛 讘讚讘专 讜讘讬转 砖诪讗讬 诪讬 讻转讬讘 讗讜 注专讜讛 讗讜 讚讘专


And Beit Hillel would respond to this analogy in the following manner: Is it written: Because he has found something unseemly in a matter [erva bedavar], indicating that it was established through the testimony of two witnesses that she engaged in adultery? And Beit Shammai would respond to Beit Hillel鈥檚 interpretation as follows: Is it written: Because he has found either something unseemly or another matter [o erva o davar], in accordance with Beit Hillel鈥檚 understanding?


讜讘讬转 讛诇诇 诇讛讻讬 讻转讬讘 注专讜转 讚讘专 讚诪砖诪注 讛讻讬 讜诪砖诪注 讛讻讬


And Beit Hillel would respond that for this reason the expression 鈥渟ome unseemly matter [ervat davar]鈥 is written, as it indicates that interpretation, i.e., that a husband is not obligated to divorce his wife unless there are two witnesses to her having engaged in forbidden sexual intercourse, and it also indicates this interpretation, i.e., that he may divorce her due to any deficiency, be it adultery or any other shortcoming.


专讘讬 注拽讬讘讗 讗讜诪专 讗驻讬诇讜 诪爪讗 讗讞专转 讘诪讗讬 拽讗 诪讬驻诇讙讬 讘讚专讬砖 诇拽讬砖 讚讗诪专 专讬砖 诇拽讬砖 讻讬 诪砖诪砖 讘讗专讘注讛 诇砖讜谞讜转 讗讬 讚诇诪讗 讗诇讗 讚讛讗


搂 It is stated in the mishna that Rabbi Akiva says: He may divorce her even if he found another woman who is better looking than her. With regard to what do they disagree? They disagree with regard to the application of Reish Lakish鈥檚 statement, as Reish Lakish said that the term ki actually has at least four distinct meanings: If, perhaps, rather, and because.


讘讬转 砖诪讗讬 住讘专讬 讜讛讬讛 讗诐 诇讗 转诪爪讗 讞谉 讘注讬谞讬讜 讻讬 诪爪讗 讘讛 注专讜转 讚讘专 讚讛讗 诪爪讗 讘讛 注专讜转 讚讘专 讜专讘讬 注拽讬讘讗 住讘专 讻讬 诪爪讗 讘讛 注专讜转 讚讘专 讗讬 谞诪讬 诪爪讗 讘讛 注专讜转 讚讘专


Beit Shammai hold that the verse 鈥淎nd it comes to pass, if she finds no favor in his eyes, because [ki] he has found some unseemly matter in her鈥 means that she did not find favor in his eyes due to the fact that he has found some unseemly matter in her. And Rabbi Akiva holds that the phrase 鈥渂ecause [ki] he has found some unseemly matter in her鈥 means: Or if he has found some unseemly matter in her.


讗诪专 诇讬讛 专讘 驻驻讗 诇专讘讗 诇讗 诪爪讗 讘讛 诇讗 注专讜讛 讜诇讗 讚讘专 诪讛讜


Rav Pappa said to Rava: According to Beit Hillel, if the husband found about her neither forbidden sexual intercourse nor any other matter, but divorced her anyway, what is the halakha? Is the divorce valid?


讗诪专 诇讬讛 诪讚讙诇讬 专讞诪谞讗 讙讘讬 讗讜谞住 诇讗 讬讜讻诇 诇砖诇讞讛 讻诇 讬诪讬讜 讻诇 讬诪讬讜 讘注诪讜讚 讜讛讞讝讬专 拽讗讬 讛转诐 讛讜讗 讚讙诇讬 专讞诪谞讗 讗讘诇 讛讻讗 诪讗讬 讚注讘讚 注讘讚


Rava said to him that the answer can be derived from what the Merciful One reveals in the Torah with regard to a rapist: 鈥淗e may not send her away all his days鈥 (Deuteronomy 22:29), indicating that even if he divorces the woman whom he raped and was subsequently commanded to marry, all his days he stands commanded to arise and remarry her as his wife. Evidently, specifically there the husband is obligated to remarry his divorc茅e, as the Merciful One reveals as much. But here, what he did, he did.


讗诪专 诇讬讛 专讘 诪砖专砖讬讗 诇专讘讗 讗诐 诇讘讜 诇讙专砖讛 讜讛讬讗 讬讜砖讘转 转讞转讬讜 讜诪砖诪砖转讜 诪讛讜 拽专讬 注诇讬讛 讗诇 转讞专砖 注诇 专注讱 专注讛 讜讛讜讗 讬讜砖讘 诇讘讟讞 讗转讱


Rav Mesharshiyya said to Rava: If he intends to divorce her and she is living with him and serving him, what is the halakha? Rava read the following verse about such a person: 鈥淒evise not evil against your neighbor, seeing he dwells securely by you鈥 (Proverbs 3:29).


转谞讬讗 讛讬讛 专讘讬 诪讗讬专 讗讜诪专 讻砖诐 砖讛讚注讜转 讘诪讗讻诇 讻讱 讚注讜转 讘谞砖讬诐 讬砖 诇讱 讗讚诐 砖讝讘讜讘 谞讜驻诇 诇转讜讱 讻讜住讜 讜讝讜专拽讜 讜讗讬谞讜 砖讜转讛讜 讜讝讜 讛讬讗 诪讚转 驻驻讜住 讘谉 讬讛讜讚讛 砖讛讬讛 谞讜注诇 讘驻谞讬 讗砖转讜 讜讬讜爪讗


搂 It is taught in a baraita (Tosefta, Sota 5:9) that Rabbi Meir would say: Just as there are different attitudes with regard to food, so too, there are different attitudes with regard to women. With regard to food, you have a person who, when a fly falls into his cup, he throws out the wine with the fly and does not drink it. And this is comparable to the demeanor of Pappos ben Yehuda with regard to his wife, as he would lock the door before his wife and leave so that she would not see any other man.


讜讬砖 诇讱 讗讚诐 砖讝讘讜讘 谞讜驻诇 诇转讜讱 讻讜住讜 讜讝讜专拽讜 讜砖讜转讛讜 讜讝讜 讛讬讗 诪讚转 讻诇 讗讚诐 砖诪讚讘专转 注诐 讗讞讬讛 讜拽专讜讘讬讛 讜诪谞讬讞讛


And you have a person who, when a fly falls into his cup, he throws out the fly and drinks the wine. And this is comparable to the demeanor of any common man, whose wife speaks with her siblings and relatives, and he lets her do so.


讜讬砖 诇讱 讗讚诐 砖讝讘讜讘 谞讜驻诇 诇转讜讱 转诪讞讜讬 诪讜爪爪讜 讜讗讜讻诇讜 讝讜 讛讬讗 诪讚转 讗讚诐 专注 砖专讜讗讛 讗转 讗砖转讜 讬讜爪讗讛 讜专讗砖讛 驻专讜注 讜讟讜讜讛 讘砖讜拽


And you have a man who, when a fly falls into his serving bowl, he sucks the fly and eats the food. This is the demeanor of a bad man, who sees his wife going out into the street with her head uncovered, and spinning in the marketplace immodestly,


讜驻专讜诪讛 诪砖谞讬 爪讚讚讬讛 讜专讜讞爪转 注诐 讘谞讬 讗讚诐


and with her garment open from both sides, and bathing with men, and ignores it.


注诐 讘谞讬 讗讚诐 住诇拽讗 讚注转讱 讗诇讗 讘诪拽讜诐 砖讘谞讬 讗讚诐 专讜讞爪讬谉


The Gemara asks: Can it enter your mind that the baraita is referring to a wife who bathes with men? Even a man of the lowest moral character would not allow his wife to act in this manner. Rather, the baraita means that she bathes in a place where men often bathe.


讝讜 诪爪讜讛 诪谉 讛转讜专讛 诇讙专砖讛 砖谞讗诪专 讻讬 诪爪讗 讘讛 注专讜转 讜讙讜壮 讜砖诇讞讛 诪讘讬转讜 讜讛诇讻讛 讜讛讬转讛 诇讗讬砖 讗讞专 讛讻转讜讘 拽专讗讜 讗讞专 诇讜诪专 砖讗讬谉 讝讛 讘谉 讝讜讙讜 诇专讗砖讜谉 讝讛 讛讜爪讬讗 专砖注讛 诪讘讬转讜 讜讝讛 讛讻谞讬住 专砖注讛 诇转讜讱 讘讬转讜


The baraita continues: With regard to this kind of wife, it is a mitzva by Torah law to divorce her, as it is stated: 鈥淏ecause he has found some unseemly matter in her, and he writes her a scroll of severance, and gives it in her hand, and he sends her out of his house鈥nd she goes and becomes another [a岣r] man鈥檚 wife鈥 (Deuteronomy 24:1鈥2). The verse called the second husband a岣r, other, to state that this man is not a peer of the first husband. They are morally distinct, as that first husband evicted a wicked woman from his house and this second man introduced a wicked woman into his house.


讝讻讛 砖谞讬 砖诇讞讛 砖谞讗诪专 讜砖谞讗讛 讛讗讬砖 讛讗讞专讜谉 讜讗诐 诇讗讜 拽讜讘专转讜 砖谞讗诪专 讗讜 讻讬 讬诪讜转 讛讗讬砖 讛讗讞专讜谉 讻讚讗讬 讛讜讗 讘诪讬转讛 砖讝讛 讛讜爪讬讗 专砖注讛 诪讘讬转讜 讜讝讛 讛讻谞讬住 专砖注讛 诇转讜讱 讘讬转讜


If the second man merits, he will send her out, as it is stated in the following verse: 鈥淎nd the latter husband hates her鈥nd he sends her out of his house鈥 (Deuteronomy 24:3). And if not, she will bury him, as it is stated in the same verse: 鈥淥r if the latter husband dies.鈥 It is appropriate for him to receive the punishment of death, as that first man evicted a wicked woman from his house and this second husband introduced a wicked woman into his house.


讻讬 砖谞讗 砖诇讞 专讘讬 讬讛讜讚讛 讗讜诪专 讗诐 砖谞讗转讛 砖诇讞 专讘讬 讬讜讞谞谉 讗讜诪专 砖谞讗讜讬 讛诪砖诇讞


搂 The prophet Malachi states in rebuke of those who divorce their wives: 鈥淔or I hate sending away, says the Lord, the God of Israel鈥 (Malachi 2:16). Rabbi Yehuda says: The verse means that if you hate your wife, send her away. Do not continue living with a woman whom you hate. Rabbi Yo岣nan says: The verse means that one who sends his wife away is hated by God.


讜诇讗 驻诇讬讙讬 讛讗 讘讝讜讙 专讗砖讜谉 讛讗 讘讝讜讙 砖谞讬


And the Gemara explains that they do not disagree. This statement is with regard to a first marriage, i.e., one should tolerate his first wife and not divorce her, and that statement is with regard to a second marriage, in which case the husband should divorce his wife if he hates her.


讚讗诪专 专讘讬 讗诇注讝专 讻诇 讛诪讙专砖 讗砖转讜 专讗砖讜谞讛 讗驻讬诇讜 诪讝讘讞 诪讜专讬讚 注诇讬讜 讚诪注讜转 砖谞讗诪专 讜讝讗转 砖谞讬转 转注砖讜 讻住讜转 讚诪注讛 讗转 诪讝讘讞 讛壮 讘讻讬 讜讗谞拽讛 诪讗讬谉 注讜讚 驻谞讜转 讗诇 讛诪谞讞讛 讜诇拽讞转 专爪讜谉 诪讬讚讻诐 讜讗诪专转诐 注诇 诪讛 注诇 讻讬 讛壮 讛注讬讚 讘讬谞讱 讜讘讬谉 讗砖转 谞注讜专讬讱 讗砖专 讗转讛 讘讙讚转讛 讘讛 讜讛讬讗 讞讘专转讱 讜讗砖转 讘专讬转讱


As Rabbi Elazar says: With regard to anyone who divorces his first wife, even the altar sheds tears over him, as it is stated: 鈥淎nd this further you do: You cover the altar of the Lord with tears, with weeping, and with sighing, insomuch that He does not regard the offering anymore, nor does He receive it with goodwill from your hand. Yet you say: What for? Because the Lord has been witness between you and the wife of your youth, against whom you have dealt treacherously, though she is your companion, and the wife of your covenant鈥 (Malachi 2:13鈥14). Clearly one should not divorce the wife of his youth, i.e., his first wife, as one who does so is hated by God for divorcing the woman to whom he was bound in companionship and covenant.


讛讚专谉 注诇讱 讛诪讙专砖 讜住诇讬拽讗 诇讛 诪住讻转 讙讬讟讬谉

  • This month's learning聽is sponsored by Leah Goldford in loving memory of聽her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Bat聽Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.

  • Masechet Gittin is sponsored by Elaine and聽Saul聽Schreiber in honor of their daughter-in-law Daniela Schreiber on receiving her Master of Science in Marriage and Family Therapy.

Want to explore more about the Daf?

See insights from our partners, contributors and community of women learners

learn daf yomi one week at a time with tamara spitz

Gittin: 86-90 + siyum – Daf Yomi One Week at a Time

This week, as we finish the last chapter, we will learn what Gets (Gittin) are invalid and if they can...
talking talmud_square

Gittin 90: When Not to Stay Married

A new mishnah on this last daf! Specifically, under what circumstances is a husband allowed to divorce his wife -...

Gittin 90 – Siyum Gittin

The William Davidson Talmud | Powered by Sefaria

Gittin 90 – Siyum Gittin

讜讛诇讻转讗 诪讜转专转 诇砖谞讬讛诐


And the halakha is that she is permitted to both of them.


诪转谞讬壮 讘讬转 砖诪讗讬 讗讜诪专讬诐 诇讗 讬讙专砖 讗讚诐 讗转 讗砖转讜 讗诇讗 讗诐 讻谉 诪爪讗 讘讛 讚讘专 注专讜讛 砖谞讗诪专 讻讬 诪爪讗 讘讛 注专讜转 讚讘专


MISHNA: Beit Shammai say: A man may not divorce his wife unless he finds out about her having engaged in a matter of forbidden sexual intercourse [devar erva], i.e., she committed adultery or is suspected of doing so, as it is stated: 鈥淏ecause he has found some unseemly matter [ervat davar] in her, and he writes her a scroll of severance鈥 (Deuteronomy 24:1).


讜讘讬转 讛诇诇 讗讜诪专讬诐 讗驻讬诇讜 讛拽讚讬讞讛 转讘砖讬诇讜 砖谞讗诪专 讻讬 诪爪讗 讘讛 注专讜转 讚讘专


And Beit Hillel say: He may divorce her even due to a minor issue, e.g., because she burned or over-salted his dish, as it is stated: 鈥淏ecause he has found some unseemly matter in her,鈥 meaning that he found any type of shortcoming in her.


专讘讬 注拽讬讘讗 讗讜诪专 讗驻讬诇讜 诪爪讗 讗讞专转 谞讗讛 讛讬诪谞讛 砖谞讗诪专 讜讛讬讛 讗诐 诇讗 转诪爪讗 讞谉 讘注讬谞讬讜


Rabbi Akiva says: He may divorce her even if he found another woman who is better looking than her and wishes to marry her, as it is stated in that verse: 鈥淎nd it comes to pass, if she finds no favor in his eyes鈥 (Deuteronomy 24:1).


讙诪壮 转谞讬讗 讗诪专讜 讘讬转 讛诇诇 诇讘讬转 砖诪讗讬 讜讛诇讗 讻讘专 谞讗诪专 讚讘专 讗诪专讜 诇讛诐 讘讬转 砖诪讗讬 讜讛诇讗 讻讘专 谞讗诪专 注专讜转


GEMARA: It is taught in a baraita that Beit Hillel said to Beit Shammai: But isn鈥檛 the word 鈥渕atter鈥 already stated in the verse, indicating that any disadvantageous matter is a legitimate reason for divorce? Beit Shammai said to them: But isn鈥檛 the word 鈥渦nseemly [ervat]鈥 already stated?


讗诪专讜 诇讛诐 讘讬转 讛诇诇 讗诐 谞讗诪专 注专讜转 讜诇讗 谞讗诪专 讚讘专 讛讬讬转讬 讗讜诪专 诪砖讜诐 注专讜讛 转爪讗 诪砖讜诐 讚讘专 诇讗 转爪讗 诇讻讱 谞讗诪专 讚讘专 讜讗讬诇讜 谞讗诪专 讚讘专 讜诇讗 谞讗诪专 注专讜转 讛讬讬转讬 讗讜诪专 诪砖讜诐 讚讘专 转谞砖讗 诇讗讞专 讜诪砖讜诐 注专讜讛 诇讗 转谞砖讗 诇讗讞专 诇讻讱 谞讗诪专 注专讜转


Beit Hillel said to them: If the word 鈥渦nseemly鈥 had been stated and the word 鈥渕atter鈥 had not been stated, I would have said that a wife should leave her husband due to forbidden sexual intercourse, but she should not have to leave him due to any other matter. Therefore, the word 鈥渕atter鈥 is stated. And if the word 鈥渕atter鈥 had been stated and the word 鈥渦nseemly鈥 had not been stated, I would have said that if he divorced her merely due to a disadvantageous matter she may marry another man, as the Torah continues: 鈥淎nd she departs out of his house, and goes and becomes another man鈥檚 wife鈥 (Deuteronomy 24:2). But if she was divorced due to her engaging in forbidden sexual intercourse, she may not marry another man, as she is prohibited from remarrying. Therefore, the word 鈥渦nseemly鈥 is stated, indicating that even a wife who is divorced due to adultery is permitted to remarry.


讜讘讬转 砖诪讗讬 讛讗讬 讚讘专 诪讗讬 注讘讚讬 诇讬讛 谞讗诪专 讻讗谉 讚讘专 讜谞讗诪专 诇讛诇谉 讚讘专 注诇 驻讬 砖谞讬 注讚讬诐 讗讜 注诇 驻讬 砖诇砖讛 注讚讬诐 讬拽讜诐 讚讘专 诪讛 诇讛诇谉 讘砖谞讬 注讚讬诐 讗祝 讻讗谉 讘砖谞讬 注讚讬诐


The Gemara asks: And what do Beit Shammai do with this word 鈥渕atter鈥? How do they interpret it? It seems superfluous, as in their opinion the verse refers specifically to a wife who engaged in forbidden sexual intercourse. The Gemara answers: The word 鈥渕atter鈥 is stated here, with regard to divorce, and the word 鈥渕atter鈥 is stated there, with regard to testimony: 鈥淎t the mouth of two witnesses, or at the mouth of three witnesses, a matter shall be established鈥 (Deuteronomy 19:15). Just as there, it is stated that a matter is established only through two witnesses, so too here, a matter of forbidden sexual intercourse justifies divorce only if it is established through two witnesses.


讜讘讬转 讛诇诇 诪讬 讻转讬讘 注专讜讛 讘讚讘专 讜讘讬转 砖诪讗讬 诪讬 讻转讬讘 讗讜 注专讜讛 讗讜 讚讘专


And Beit Hillel would respond to this analogy in the following manner: Is it written: Because he has found something unseemly in a matter [erva bedavar], indicating that it was established through the testimony of two witnesses that she engaged in adultery? And Beit Shammai would respond to Beit Hillel鈥檚 interpretation as follows: Is it written: Because he has found either something unseemly or another matter [o erva o davar], in accordance with Beit Hillel鈥檚 understanding?


讜讘讬转 讛诇诇 诇讛讻讬 讻转讬讘 注专讜转 讚讘专 讚诪砖诪注 讛讻讬 讜诪砖诪注 讛讻讬


And Beit Hillel would respond that for this reason the expression 鈥渟ome unseemly matter [ervat davar]鈥 is written, as it indicates that interpretation, i.e., that a husband is not obligated to divorce his wife unless there are two witnesses to her having engaged in forbidden sexual intercourse, and it also indicates this interpretation, i.e., that he may divorce her due to any deficiency, be it adultery or any other shortcoming.


专讘讬 注拽讬讘讗 讗讜诪专 讗驻讬诇讜 诪爪讗 讗讞专转 讘诪讗讬 拽讗 诪讬驻诇讙讬 讘讚专讬砖 诇拽讬砖 讚讗诪专 专讬砖 诇拽讬砖 讻讬 诪砖诪砖 讘讗专讘注讛 诇砖讜谞讜转 讗讬 讚诇诪讗 讗诇讗 讚讛讗


搂 It is stated in the mishna that Rabbi Akiva says: He may divorce her even if he found another woman who is better looking than her. With regard to what do they disagree? They disagree with regard to the application of Reish Lakish鈥檚 statement, as Reish Lakish said that the term ki actually has at least four distinct meanings: If, perhaps, rather, and because.


讘讬转 砖诪讗讬 住讘专讬 讜讛讬讛 讗诐 诇讗 转诪爪讗 讞谉 讘注讬谞讬讜 讻讬 诪爪讗 讘讛 注专讜转 讚讘专 讚讛讗 诪爪讗 讘讛 注专讜转 讚讘专 讜专讘讬 注拽讬讘讗 住讘专 讻讬 诪爪讗 讘讛 注专讜转 讚讘专 讗讬 谞诪讬 诪爪讗 讘讛 注专讜转 讚讘专


Beit Shammai hold that the verse 鈥淎nd it comes to pass, if she finds no favor in his eyes, because [ki] he has found some unseemly matter in her鈥 means that she did not find favor in his eyes due to the fact that he has found some unseemly matter in her. And Rabbi Akiva holds that the phrase 鈥渂ecause [ki] he has found some unseemly matter in her鈥 means: Or if he has found some unseemly matter in her.


讗诪专 诇讬讛 专讘 驻驻讗 诇专讘讗 诇讗 诪爪讗 讘讛 诇讗 注专讜讛 讜诇讗 讚讘专 诪讛讜


Rav Pappa said to Rava: According to Beit Hillel, if the husband found about her neither forbidden sexual intercourse nor any other matter, but divorced her anyway, what is the halakha? Is the divorce valid?


讗诪专 诇讬讛 诪讚讙诇讬 专讞诪谞讗 讙讘讬 讗讜谞住 诇讗 讬讜讻诇 诇砖诇讞讛 讻诇 讬诪讬讜 讻诇 讬诪讬讜 讘注诪讜讚 讜讛讞讝讬专 拽讗讬 讛转诐 讛讜讗 讚讙诇讬 专讞诪谞讗 讗讘诇 讛讻讗 诪讗讬 讚注讘讚 注讘讚


Rava said to him that the answer can be derived from what the Merciful One reveals in the Torah with regard to a rapist: 鈥淗e may not send her away all his days鈥 (Deuteronomy 22:29), indicating that even if he divorces the woman whom he raped and was subsequently commanded to marry, all his days he stands commanded to arise and remarry her as his wife. Evidently, specifically there the husband is obligated to remarry his divorc茅e, as the Merciful One reveals as much. But here, what he did, he did.


讗诪专 诇讬讛 专讘 诪砖专砖讬讗 诇专讘讗 讗诐 诇讘讜 诇讙专砖讛 讜讛讬讗 讬讜砖讘转 转讞转讬讜 讜诪砖诪砖转讜 诪讛讜 拽专讬 注诇讬讛 讗诇 转讞专砖 注诇 专注讱 专注讛 讜讛讜讗 讬讜砖讘 诇讘讟讞 讗转讱


Rav Mesharshiyya said to Rava: If he intends to divorce her and she is living with him and serving him, what is the halakha? Rava read the following verse about such a person: 鈥淒evise not evil against your neighbor, seeing he dwells securely by you鈥 (Proverbs 3:29).


转谞讬讗 讛讬讛 专讘讬 诪讗讬专 讗讜诪专 讻砖诐 砖讛讚注讜转 讘诪讗讻诇 讻讱 讚注讜转 讘谞砖讬诐 讬砖 诇讱 讗讚诐 砖讝讘讜讘 谞讜驻诇 诇转讜讱 讻讜住讜 讜讝讜专拽讜 讜讗讬谞讜 砖讜转讛讜 讜讝讜 讛讬讗 诪讚转 驻驻讜住 讘谉 讬讛讜讚讛 砖讛讬讛 谞讜注诇 讘驻谞讬 讗砖转讜 讜讬讜爪讗


搂 It is taught in a baraita (Tosefta, Sota 5:9) that Rabbi Meir would say: Just as there are different attitudes with regard to food, so too, there are different attitudes with regard to women. With regard to food, you have a person who, when a fly falls into his cup, he throws out the wine with the fly and does not drink it. And this is comparable to the demeanor of Pappos ben Yehuda with regard to his wife, as he would lock the door before his wife and leave so that she would not see any other man.


讜讬砖 诇讱 讗讚诐 砖讝讘讜讘 谞讜驻诇 诇转讜讱 讻讜住讜 讜讝讜专拽讜 讜砖讜转讛讜 讜讝讜 讛讬讗 诪讚转 讻诇 讗讚诐 砖诪讚讘专转 注诐 讗讞讬讛 讜拽专讜讘讬讛 讜诪谞讬讞讛


And you have a person who, when a fly falls into his cup, he throws out the fly and drinks the wine. And this is comparable to the demeanor of any common man, whose wife speaks with her siblings and relatives, and he lets her do so.


讜讬砖 诇讱 讗讚诐 砖讝讘讜讘 谞讜驻诇 诇转讜讱 转诪讞讜讬 诪讜爪爪讜 讜讗讜讻诇讜 讝讜 讛讬讗 诪讚转 讗讚诐 专注 砖专讜讗讛 讗转 讗砖转讜 讬讜爪讗讛 讜专讗砖讛 驻专讜注 讜讟讜讜讛 讘砖讜拽


And you have a man who, when a fly falls into his serving bowl, he sucks the fly and eats the food. This is the demeanor of a bad man, who sees his wife going out into the street with her head uncovered, and spinning in the marketplace immodestly,


讜驻专讜诪讛 诪砖谞讬 爪讚讚讬讛 讜专讜讞爪转 注诐 讘谞讬 讗讚诐


and with her garment open from both sides, and bathing with men, and ignores it.


注诐 讘谞讬 讗讚诐 住诇拽讗 讚注转讱 讗诇讗 讘诪拽讜诐 砖讘谞讬 讗讚诐 专讜讞爪讬谉


The Gemara asks: Can it enter your mind that the baraita is referring to a wife who bathes with men? Even a man of the lowest moral character would not allow his wife to act in this manner. Rather, the baraita means that she bathes in a place where men often bathe.


讝讜 诪爪讜讛 诪谉 讛转讜专讛 诇讙专砖讛 砖谞讗诪专 讻讬 诪爪讗 讘讛 注专讜转 讜讙讜壮 讜砖诇讞讛 诪讘讬转讜 讜讛诇讻讛 讜讛讬转讛 诇讗讬砖 讗讞专 讛讻转讜讘 拽专讗讜 讗讞专 诇讜诪专 砖讗讬谉 讝讛 讘谉 讝讜讙讜 诇专讗砖讜谉 讝讛 讛讜爪讬讗 专砖注讛 诪讘讬转讜 讜讝讛 讛讻谞讬住 专砖注讛 诇转讜讱 讘讬转讜


The baraita continues: With regard to this kind of wife, it is a mitzva by Torah law to divorce her, as it is stated: 鈥淏ecause he has found some unseemly matter in her, and he writes her a scroll of severance, and gives it in her hand, and he sends her out of his house鈥nd she goes and becomes another [a岣r] man鈥檚 wife鈥 (Deuteronomy 24:1鈥2). The verse called the second husband a岣r, other, to state that this man is not a peer of the first husband. They are morally distinct, as that first husband evicted a wicked woman from his house and this second man introduced a wicked woman into his house.


讝讻讛 砖谞讬 砖诇讞讛 砖谞讗诪专 讜砖谞讗讛 讛讗讬砖 讛讗讞专讜谉 讜讗诐 诇讗讜 拽讜讘专转讜 砖谞讗诪专 讗讜 讻讬 讬诪讜转 讛讗讬砖 讛讗讞专讜谉 讻讚讗讬 讛讜讗 讘诪讬转讛 砖讝讛 讛讜爪讬讗 专砖注讛 诪讘讬转讜 讜讝讛 讛讻谞讬住 专砖注讛 诇转讜讱 讘讬转讜


If the second man merits, he will send her out, as it is stated in the following verse: 鈥淎nd the latter husband hates her鈥nd he sends her out of his house鈥 (Deuteronomy 24:3). And if not, she will bury him, as it is stated in the same verse: 鈥淥r if the latter husband dies.鈥 It is appropriate for him to receive the punishment of death, as that first man evicted a wicked woman from his house and this second husband introduced a wicked woman into his house.


讻讬 砖谞讗 砖诇讞 专讘讬 讬讛讜讚讛 讗讜诪专 讗诐 砖谞讗转讛 砖诇讞 专讘讬 讬讜讞谞谉 讗讜诪专 砖谞讗讜讬 讛诪砖诇讞


搂 The prophet Malachi states in rebuke of those who divorce their wives: 鈥淔or I hate sending away, says the Lord, the God of Israel鈥 (Malachi 2:16). Rabbi Yehuda says: The verse means that if you hate your wife, send her away. Do not continue living with a woman whom you hate. Rabbi Yo岣nan says: The verse means that one who sends his wife away is hated by God.


讜诇讗 驻诇讬讙讬 讛讗 讘讝讜讙 专讗砖讜谉 讛讗 讘讝讜讙 砖谞讬


And the Gemara explains that they do not disagree. This statement is with regard to a first marriage, i.e., one should tolerate his first wife and not divorce her, and that statement is with regard to a second marriage, in which case the husband should divorce his wife if he hates her.


讚讗诪专 专讘讬 讗诇注讝专 讻诇 讛诪讙专砖 讗砖转讜 专讗砖讜谞讛 讗驻讬诇讜 诪讝讘讞 诪讜专讬讚 注诇讬讜 讚诪注讜转 砖谞讗诪专 讜讝讗转 砖谞讬转 转注砖讜 讻住讜转 讚诪注讛 讗转 诪讝讘讞 讛壮 讘讻讬 讜讗谞拽讛 诪讗讬谉 注讜讚 驻谞讜转 讗诇 讛诪谞讞讛 讜诇拽讞转 专爪讜谉 诪讬讚讻诐 讜讗诪专转诐 注诇 诪讛 注诇 讻讬 讛壮 讛注讬讚 讘讬谞讱 讜讘讬谉 讗砖转 谞注讜专讬讱 讗砖专 讗转讛 讘讙讚转讛 讘讛 讜讛讬讗 讞讘专转讱 讜讗砖转 讘专讬转讱


As Rabbi Elazar says: With regard to anyone who divorces his first wife, even the altar sheds tears over him, as it is stated: 鈥淎nd this further you do: You cover the altar of the Lord with tears, with weeping, and with sighing, insomuch that He does not regard the offering anymore, nor does He receive it with goodwill from your hand. Yet you say: What for? Because the Lord has been witness between you and the wife of your youth, against whom you have dealt treacherously, though she is your companion, and the wife of your covenant鈥 (Malachi 2:13鈥14). Clearly one should not divorce the wife of his youth, i.e., his first wife, as one who does so is hated by God for divorcing the woman to whom he was bound in companionship and covenant.


讛讚专谉 注诇讱 讛诪讙专砖 讜住诇讬拽讗 诇讛 诪住讻转 讙讬讟讬谉

Scroll To Top