(S'il a dit :) Vous êtes autorisé à tous les hommes sauf mon père et votre père, mon frère et votre frère, un esclave et un gentil, et à tous les autres avec qui le mariage n'obtient pas, le get est valide. (S'il a dit :) Vous êtes autorisé à tous les hommes, sauf une veuve à un grand prêtre, une divorcée et une chalutzah à un prêtre ordinaire, un mamzereth et un Nethinah à un Israélite, la fille d'un Israélite à un mamzer et un Nathin, et à tous les autres avec qui le mariage s'obtient, même (le mariage) dans la transgression, le get est nul. [Puisque le mariage obtient avec ceux qui sont interdits par un commandement négatif, mais pas avec celui-ci en raison de l'interdit stipulé, il apparaît que le get n'est pas inclusif.]
Bartenura on Mishnah Gittin
אלמנה לכהן גדול – since the betrothal takes legal effect when violating negative commandments, for in those [mentioned in the Mishnah] do not take legal effect due because of the prohibition of marital state within it; It is to be forgotten if he left it in the Jewish bill of divorce.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
Introduction
This mishnah is a continuation of yesterday’s mishnah. Again, while divorcing his wife, the husband attempts to restrict her from subsequently marrying a certain man. Yesterday we learned that the sages consider such a get to be invalid. Today, the mishnah discusses what would happen if the man to whom the husband tried to restrict his wife was in any case prohibited to her.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
[If he said,] “You are permitted to any man but my father, your father, my brother, your brother, a slave, a Gentile, or anyone to whom she is incapable of being betrothed,” the get is valid. In this section the husband tells his wife that she may not subsequently marry someone whom she couldn’t subsequently marry in any case. All of the men in this list cannot possibly contract marriage with her. In other words his restrictions on the divorce were in essence meaningless, because she couldn’t marry any of them in any case. Hence, the get is valid.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
[If he said,] “You are permitted to anyone but (supposing she was a a high priest, or, (supposing she was a divorcee or a an ordinary priest, or, (supposing she was a mamzeret or a a regular Israelite, or (supposing she was an a mamzer or a natin, or anyone who is capable of betrothing her even in transgression, the get is invalid. In this section, the husband restricts his wife from marrying someone who would be prohibited to her, but to whom she could possibly be betrothed. The marriages listed in this section are possible even though they carry with them a transgression. For instance, his wife was a mamzeret and he says “You are permitted to any but to so-and-so the Israelite”. In such cases, the get is invalid because his restriction was not meaningless. We should note that the list in this section is a stock list, since not all of these categories are relevant in this situation. The woman whom he is divorcing will in any case be prohibited to a priest, as are all divorcees. However, this is a stock list and hence it appears in all places as an entirety.
