Mishnah
Mishnah

Talmud for Yevamot 9:3

שְׁנִיּוֹת מִדִּבְרֵי סוֹפְרִים, שְׁנִיָּה לַבַּעַל וְלֹא שְׁנִיָּה לַיָּבָם, אֲסוּרָה לַבַּעַל וּמֻתֶּרֶת לַיָּבָם. שְׁנִיָּה לַיָּבָם וְלֹא שְׁנִיָּה לַבַּעַל, אֲסוּרָה לַיָּבָם וּמֻתֶּרֶת לַבָּעַל. שְׁנִיָּה לָזֶה וְלָזֶה, אֲסוּרָה לָזֶה וְלָזֶה. אֵין לָהּ לֹא כְתֻבָּה, וְלֹא פֵרוֹת, וְלֹא מְזוֹנוֹת, וְלֹא בְלָאוֹת, וְהַוָּלָד כָּשֵׁר, וְכוֹפִין אוֹתוֹ לְהוֹצִיא. אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְנָתִין וּלְמַמְזֵר, יֵשׁ לָהֶן כְּתֻבָּה:

The sheniyoth interdicted by the soferim (see 2:4): "If she were shniyah to the husband and not to the yavam [e.g., the mother of her husband's mother, but not of the yavam's mother, as when they were brothers from the father but not from the mother], she is forbidden to the husband and permitted to the yavam. If she were shniyah to the yavam and not to the husband, she is forbidden to the yavam and permitted to the husband. If she were shniyah to both, she is forbidden to both. She has no kethubah [It is the hundred and two hundred, which is the principal of the kethubah, which she does not have, but she does have the addition], and she does not have fruit [He does not pay her for the fruit of her nichsei melog. And even though the rabbis granted him fruit for his obligation to redeem her, and he has no obligation to redeem this one, in that she does not satisfy: "And I shall cause you to dwell with me as a wife" — so that it would seem that he should reimburse her for what he ate of her nichsei melog — still, the rabbis penalized her to have no claim on the fruit that he ate as a condition of the kethubah, just as they penalized her to have no claim on the principal of the kethubah. For a condition of the kethubah is likened to the kethubah itself.], and she does not have sustenance [It goes without saying that he does not have to feed her while she is still with him, for he is obliged to send her away. But even if he went abroad and she borrowed and ate, he need not pay. For with a kasher wife, if she borrowed and ate, the husband is obliged to pay. For the lender claims what he lent her and she claims it of her husband. For it is only when one fed her not by way of loan that we say in Kethuvoth that the halachah is according to Chanan, who said that if one went abroad and another fed his wife, he (the latter) has placed his money "on a deer's horn." For since he fed her for the sake of her husband, and he lent her nothing, from whom can he claim payment? She did not borrow anything, and her husband did not ask him to feed her. Therefore, he has performed a mitzvah (but he can make no claim). If he lent her, and she is kasher, her husband must repay him, but if she is one of the shniyoth, he is not obliged to pay.], and she does not receive belaoth [If the husband used her nichsei melog until they were "worn out" (balu), he need not reimburse her. For we might think that since she has no kethubah, if the husband ate her nichsei melog, he must reimburse her for what was "worn away"; we are, therefore, apprised that the rabbis penalized her, that her husband not pay belaoth, but whatever she finds remaining (of the nichsei melog) she takes], and the child (of the union) is kasher, and we force him to send her away. A widow to a high-priest, a divorcée and a chalutzah to a regular priest, a mamzereth and a Nethinah to an Israelite, the daughter of an Israelite to a Nathin or to a mamzer have a kethubah. [They have a kethubah and fruit, the husband paying them for the fruit he ate of their nichsei melog. And they have sustenance, being fed from his property (but only after his death. While he is alive, he is not forced to feed her, for he is obliged to send her away. And if someone lent her food in her husband's lifetime, he need not repay the loan.) They also have belaoth, the husband being obliged to return what he "wore away" of their nichsei melog. And this is only when he knew them (to be a widow, etc.), but if he did not know them to be so, they have neither kethubah, fruit, sustenance, nor belaoth. But they do have the addition and the belaoth which remain. As to the shniyoth not having kethubah, fruit, sustenance, or belaoth, and a widow to a high-priest, and a divorcée or a chalutzah to a regular priest having them — this is because the former are interdicted (only) by the scribes and require reinforcement (of the interdict), whereas the latter are interdicted by the Torah and do not require reinforcement. In the chapter "These receive stripes," it is shown that a chalutzah to a high-priest is interdicted by the Torah. And even though a chalutzah to a regular priest is interdicted by the scribes, it was likened to Torah-interdicted in this regard.]

Jerusalem Talmud Gittin

MISHNAH: “You are permitted to any man except to my father and your father, to my brother and your brother, to a slave, a Gentile,” or anybody she is unable to contract a preliminary marriage with45An unmarried woman can contract preliminary marriage with any Jewish man except those connections forbidden as incestuous relations which are deadly sins. Marriage is also impossible with Gentiles and slaves. A divorce stipulation which forbids no marriage possible under the law is empty., it is valid. “You are permitted to any man except as a widow to the High Priest, a divorcee or one having received ḥalȋṣah to a common priest, a bastard or a Gibeonite girl to an Israel, the daughter of an Israel to a a bastard or a Gibeonite46All these are subsumed under “holiness prohibitions”, enumerated in Mishnah Yebamot 2:4.,” or anybody she could contract a preliminary marriage with even if it is sinful47Including common law “commandment prohibitions,” Mishnah Yebamot 2:4., it is invalid48Since for the rabbis who oppose R. Eliezer, any bill of divorce is invalid if it restricts the pool of legal marriage partners of the divorcee..
The essence51The required text. of the bill of divorce: You are herewith permitted to any man. Rebbi Jehudah says: This shall be for you from me a divorce scroll and a letter of abandonment, to enable you to marry any man you desire. The essence of the bill of manumission: You are a free person, you are on your own.
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Jerusalem Talmud Gittin

Rav Jeremiah in the name of Rav: Jews who forced in the manner of Gentiles make invalid162In the interpretation of Tosaphot (88b s.v. ובגוים, Baba batra 48a s.v. גט) if the forcing was executed under the supervision of a Gentile court or a Gentile ruler., even if he says, I shall not feed nor provide. Rebbi Ḥiyya stated: Gentiles who forced in the manner of Jews are valid, even if he says, I shall not feed nor provide163If the forcing is under the supervision of a rabbinic court, the divorce is valid even if the marriage is completely legitimate because the husband has no right to mistreat his wife in any way.. Rebbi Yose said, the Mishnah says this: “Gentiles may tell him164This addition probably is a scribal error., whip him, and tell him, do what the Jews tell you to do.” Rav Ḥiyya bar Ashi in the name of Issy165The Babli agrees in the name of Rav (Ketubot 77a). Samuel holds that the husband has to be forced to pay but Rav asserts that one cannot require the wife “to live in the same basket with a snake” and the court has to force a divorce.: If somebody says: “I shall not feed nor provide”, one forces him to divorce. Rebbi Jeremiah asked before Rebbi Abbahu: Does one force? He said to him, do you still have doubts? If one forces because of a foul smell166Mishnah Ketubot 7:10., so much more because of sustenance! Rebbi Ḥizqiah, Rebbi Jacob bar Aḥa, Rebbi Yasa came in the name of Rebbi Joḥanan: If somebody says: “I shall not feed and I shall not provide”, one tells him: Either feed and provide, or divorce.
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