תלמוד על יבמות 9:3
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.
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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