Si quelqu'un a divorcé de sa femme au motif qu'elle était un eilonith (incapable de porter des enfants) —R. Yehudah dit: Il ne peut pas la reprendre [de peur qu'elle en épousât un autre et ait des enfants, et il dit: "Si j'avais su cela, même s'ils m'avaient donné cent manah, je n'aurais pas divorcé."] les sages disent: Il peut la reprendre [car nous ne craignons pas (ce qui précède) de «saper». Le gemara explique: Qui sont «les sages»? R. Meir, qui soutient qu'une double condition (t'nai kaful) est requise; et notre exemple est celui dans lequel il n'a pas doublé la condition, ne lui disant pas: «Sachez que je vous divorce au motif que vous êtes un eilonith; et, si vous n'êtes pas un eilonith, ce n'est pas un get, "dans quel cas (ne l'ayant pas doublé ainsi), c'est un get même si elle n'est pas un eilonith.] Si elle a épousé un autre et a eu des enfants de lui, et qu'elle a voulu réclamer sa kethubah, [car un eilonith n'a pas de kethubah ; et maintenant qu'elle a été trouvée comme n'étant pas une eilonith, elle souhaite réclamer sa kethubah]—on lui dit: «Vous feriez mieux de vous taire que de parler». [Car il pouvait lui dire: "Si j'avais su qu'à la fin je devrais payer votre kethubah, je n'aurais pas divorcé", annulant ainsi le get et rendant ses enfants mamzerim.]
Bartenura on Mishnah Gittin
רבי יהודה אומר לא יחזיר – Lest she marry [another man] and give birth [to a child] and he (i.e., the first husband] would say: had I known that this is the case, even if they would have given me one-hundred Maneh, I would not divorce you.
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English Explanation of Mishnah Gittin
Introduction
This mishnah discusses a husband who divorces his wife because she turns out to be an “aylonit.” An aylonit is a female who does not develop physical signs of sexual maturity, but is clearly a female. By definition, she cannot have children. If later on she has children then it turns out that she is not an aylonit.
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Bartenura on Mishnah Gittin
וחכמים אומרים: יחזיר – for they were not concerned for her degeneracy, and in the Gemara, it explains who the Sages are: Rabbi Meir – who stated that we require a double condition and this is what we are dealing with – that he did not make a double condition, for he [i.e., the husband] did not say to her: “You should know that since you are incapable of conception, I am releasing you [from being my wife], and if you are not incapable of conception, it is not a Jewish bill of divorce, and now it is a Jewish bill of divorce even if she is not incapable of conception.
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English Explanation of Mishnah Gittin
A man divorces his wife because she is an aylonit: Rabbi Judah says he may not remarry her, But the sages say that he may remarry her. The reason that Rabbi Judah says that he may not remarry a wife that he divorced because she was an “aylonit” is similar to the reasons we learned in yesterday’s mishnah why men who divorce for certain reasons may not remarry their wives. If he divorces her because she is an “aylonit” and then she remarries and has children from her next husband the first husband might say, “Had I known that she was not an aylonit, I would not have divorced her.” This statement would annul the divorce and her children would become mamzerim. To prevent this, Rabbi Judah rules that we tell him when he divorces her that he will never be able to remarry her, and in that way he will divorce her with complete conviction. However, in this case the Sages do not agree, for they are not concerned lest such a scenario arise. Perhaps they thought it unlikely for a woman who was assumed to be an aylonit to later have children.
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Bartenura on Mishnah Gittin
והיא תובעת כתובתה – a woman incapable of conception has no [rights regarding her] Ketubah/Jewish marriage contract , and now that she was found to not be incapable of conception, she is demanding [payment of] her Ketubah.
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English Explanation of Mishnah Gittin
She marries someone else and has children from him and then demands her ketubah settlement [from her first husband]: Rabbi Judah said, they say to her, “Your silence is better than your speaking.” When a woman is divorced because she is an aylonit, her husband does not have to pay her ketubah (see Ketuboth 11:6). When this woman who was divorced because she was thought to be an aylonit has children in her subsequent marriage, it turns out that she wasn’t really an aylonit. Hence she could make a valid claim that her first husband owes her a ketubah. However, Rabbi Judah says that she would do better not to make such a claim, for if she does her husband might attempt to annul the divorce and thereby make her children mamzerim and forbid her to her new husband because she is an adulteress (albeit an unintentional one.)
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Bartenura on Mishnah Gittin
שתיקותיך יפה ליך מדבוריך – that he would say: If I had known that in the end, I would have to give you your Ketubah [payment], I would not have divorced you, and it is found that the Jewish bill of divorce is voided and her children are illegitimate.
