Si le scribe a écrit un get pour l'homme [pour divorcer de sa femme avec], et un reçu pour la femme [à donner à son mari contre paiement de sa kethubah], et il [le scribe] s'est trompé [quand il leur a donné les brefs ] et a donné le get à la femme et le reçu à l'homme, et ils l'ont donné, l'un à l'autre, [et elle est allée se marier, pensant que ce que son mari lui avait donné était le get, et il pensait que ce que sa femme lui a donné était le reçu (Rambam le lit: "Et il a donné le get à l'homme et le reçu à la femme", et l'interprète comme: "Et il a pensé qu'il a donné le get à l'homme et le reçu à la femme, "ne pas avoir fait cela, mais tout le contraire. L'interprétation est forcée.] —et, par la suite, on a constaté que le get sortait de la main de l'homme, et que le reçu de la main de la femme, elle laisse celui-ci et celui-ci, et tout ce qui précède s'applique. R. Eliezer dit: S'il est sorti immédiatement [de la main de son mari avant qu'elle ne se remarie], ce n'est pas un get, [et elle a besoin d'un get différent], et s'il est sorti après un certain temps, [c'est-à-dire après qu'elle remarié], c'est un get. Ce n'est pas entièrement à lui [c'est-à-dire, ce n'est pas tout selon les paroles du premier (mari), qu'on le croit] d'annuler les droits du second, [qui l'a épousée, et nous postulons une «conspiration» entre les deux, un échange des brefs après son remariage. La halakha est conforme à R. Eliezer.] Si quelqu'un écrivait (un get) pour divorcer de sa femme, et changeait d'avis—Beth Shammai dit: Il la disqualifie de (mariage avec) la prêtrise. Beth Hillel dit: Même s'il lui a donné à condition et que la condition n'était pas remplie, il ne la disqualifie pas de la prêtrise.
Bartenura on Mishnah Gittin
כתב סופר גט לאיש – [in order to] divorce his wife with it [the Jewish bill of divorce]
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English Explanation of Mishnah Gittin
Introduction
The first half of the mishnah deals with a situation where a scribe wrote a get for a husband to give to his wife and a receipt for payment of the ketubah for the wife to give to her husband. He accidentally switched the documents, giving the get to the wife and the receipt to the husband, whereupon the husband divorced his wife using a ketubah receipt. The problem is that this wife never received her get.
The second half of the mishnah contains a debate between Bet Shammai and Bet Hillel over a husband who writes out a get to give to his wife but does not give it to her.
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Bartenura on Mishnah Gittin
ושובר לאשה – [the receipt] that she will deliver to her husband when he has paid off her Ketubah.
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English Explanation of Mishnah Gittin
If a scribe wrote a get for the husband and a receipt for the wife and by mistake gave the get to the wife and the receipt to the husband and the two exchanged them and after some time the get came out of the hands of the man and the receipt out of the hands of the woman, she must leave both husbands and all these things apply to her. Rabbi Elazar says: if [it comes out of her hands] immediately, it is not a get, but if [it comes out of her hands] after some time, it is a get; it is not in the power of the first to render void the right of the second. According to the first opinion in this section, since the wife never received her get she was never divorced. Hence her second marriage is invalid, and all of the consequences that applied in the previous mishnayot apply to her as well. Rabbi Elazar says that the get is invalid only in a case where she immediately noticed that she had received a ketubah receipt and not a get. If she only discovered that she had never received the get at a later time, she is considered divorced. The reason that she is considered divorced is that we fear that the husband and the wife may have made a deal in order to disrupt the second marriage. By her giving him back the get and his giving her back the receipt, they can make it look like she was never divorced. The first husband does not have the authority to ruin the second husband’s marriage.
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Bartenura on Mishnah Gittin
וטעה הסופר – when he delivered the documents to them
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English Explanation of Mishnah Gittin
If a man wrote a get with which to divorce his wife and then changed his mind, Bet Shammai says that he has disqualified her from marrying a priest. Bet Hillel says that even if he gave it to her with a certain stipulation, if the condition was not fulfilled, he has not disqualified her for marrying a priest. A priest cannot marry a divorced woman. According to Bet Shammai, even if a woman’s husband writes a get but does not give it to her, he has already disqualified her from subsequently marrying a priest. In contrast, Bet Hillel holds that even if he gives her the get with a condition (for instance, “here is your get if I don’t return within 12 months) and the condition is not fulfilled and the get is invalid, she is still not disqualified from marry a priest. The Yerushalmi (Palestinian Talmud) connects this Bet Shammai and Bet Hillel debate with their debate that appears in the last mishnah of the tractate. Since Bet Shammai says that a husband can divorce only on grounds of adultery, the very fact that the husband suspected her of adultery and therefore wrote out a get, disqualifies her from marrying a priest. In contrast, Bet Hillel allows divorce on nearly all grounds, and therefore does not see a disqualified get as disqualifying a woman from the priesthood.
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Bartenura on Mishnah Gittin
ונתן גט לאשה ושובר לאיש – and they (i.e., the now-supposedly former husband and supposedly former wife) delivered [the appropriate documents] each to the other, and she went and married [someone else] thinking that this was the Jewish bill of divorce that her husband delivered to her and this one (i.e., the husband) thought that his wife had delivered him the receipt. And Maimonides has the reading: “and he (i.e., the scribe) gave the Jewish bill of divorce to the man and the receipt to the woman, and he explains [the word] “ונתן /and he gave” that he (i.e., the scribe) thought that he gave the Jewish bill of divorce to the man and the receipt to the woman but [in reality] he did the exact opposite, and this is [a] forced [interpretation].
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Bartenura on Mishnah Gittin
אם לאלתר – all the while that she did not marry, the Jewish bill of divorce left the hands of the husband
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Bartenura on Mishnah Gittin
אינו גט – and she requires a new Jewish bill of divorce
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Bartenura on Mishnah Gittin
ואם לאחר שנשאת – behold, this is a [legitimate] Jewish bill of divorce
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Bartenura on Mishnah Gittin
לא כל הימנו – Everything is not according to the words of the first husband to believe him.
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Bartenura on Mishnah Gittin
לאבד זכותו של שני – [of the second husband] that she married, for we say that there was a conspiracy between them and they switched the documents after she had married. And the Halakha is according to Rabbi Eliezer
