משנה
משנה

תלמוד על יבמות 3:9

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

MISHNAH: The same applies for preliminary marriages37Cf. Mishnah Yebamot 3:9, Note 120. and for [liquidation of] debts. If he38The creditor (who is explicitly mentioned in most Mishnah and Babli mss.) said to him, throw to me39In the public domain. what you owe me and he threw it close to the lender40The borrower threw it in the public domain close to the lender. The borrower is free even if the creditor is unable to pick up the money., the borrower is acquitted, close to the borrower, the borrower remains obligated, in the middle both of them must share it41If the money is lost, the borrower and the creditor each have to cover half the loss.. If she was standing on top of her roof and he threw it to her42The flat roof has the same standing as a courtyard; delivery to the roof is legal delivery (Mishnah 1)., as soon as it reached the roof’s airspace43Even if the wife never could pick it up since, as explained in the next sentence, it might have landed in a puddle and become illegible or landed in a fire and be destroyed. she is divorced. If he was on top and she below44In her own domain., once it left the domain of the roof she is divorced even if it was blotted out or burned.
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