משנה: זֶה גִּיטֵּיךְ מֵהַיּוֹם אִם מַתִּי מֵחוֹלִי זֶה וְעָמַד וְהוֹלֵךְ בַּשּׁוּק וְחָלָה וָמֵת אוֹמְדִין אוֹתוֹ אִם מַחֲמַת חוֹלִי הָרִאשׁוֹן מֵת הֲרֵי זֶה גֵט וְאִם לָאו אֵינוֹ גֵט. לֹא תִתְייַחֵד עִמּוֹ אֶלָּא בִפְנֵי עֵדִים אֲפִילוּ עֶבֶד אֲפִילוּ שִׁפְחָה חוּץ מִשִּׁפְחָתָהּ מִפְּנֵי שֶׁלִּיבָּהּ גַּס בְּשִׁפְחָתָהּ. וּמַה הִיא בְאוֹתָן הַיָּמִים. רִבִּי יְהוּדָה אוֹמֵר כְּאֵשֶׁת אִישׁ לְכָל־דָּבָר. רִבִּי יוֹסֵי אוֹמֵר מְגוֹרֶשֶׁת וְאֵינָהּ מְגוֹרֶשֶׁת. MISHNAH: “This is your bill of divorce from today if I should die from this illness;” if he got up, walked on the market81If he got out of bed but never left the house, then fell ill again and died, it is a valid bill of divorce even without an expert opinion on the cause of death., fell ill again and died, one estimates whether he died from the original sickness, in which case it is a bill of divorce; otherwise it is no bill of divorce. She may not be alone with him except in the presence of witnesses82To avoid intimacy. If she has sex with him then either it is married sex and the bill of divorce is automatically invalidated, or it is illicit sex and sinful. In Mishnah 8:4, the House of Hillel invalidate any bill of divorce if husband and wife were alone together at any time between the signing of the document and its date of validation. The House of Shammai do not invalidate the bill. The Mishnah follows the House of Hillel., which may be even a male or a female slave except her personal slave girl since she has no shame in the presence of her personal slave girl. What is her status in those days? Rebbi Jehudah says, she is a married woman in all respects. Rebbi Yose says, she is divorced and not divorced83She is divorced in criminal law but not divorced in civil law..
הלכה: הֲרֵי זֶה גִּיטֵּיךְ מֵהַיּוֹם כול׳ . אָכַל גְּרִיסִין לְגַסָּה כְּמִי שֶׁמֵּת מֵאוֹתוֹ חוֹלִי. פּוּנְדֻּקָּאוֹת עַצְמָן וְלֹא עָמַד כְּמִי שֶׁלֹּא מֵת מֵאוֹתוֹ חוֹלִי. HALAKHAH: “This is your bill of divorce from today,” etc. If he overate on groats it is as if he died from that illness, hazelnuts84Arabic فندق, from Greek κάρυον ποντικόν “Pontic (Black Sea) nut”. alone and he did not get out of bed it is as if he did not die from that illness85Overindulging in cereal is not in itself life threatening, but eating hazelnuts without anything else is (since it causes both vomiting and diarrhea at the same time)..
אִם מֵת הַחוֹלִי הַזֶּה. וְנָפָל עָלָיו גַּל אוֹ שֶׁנְּכָשׁוֹ נָחָשׁ. אֵינוֹ גֵּט. אֶלָּא מֵת מֵאוֹתוֹ הַחוֹלִי. אִם לֹא עָמַדְתִּי מֵחוֹלִי זֶה. וְנָפָל עָלָיו גַּל אוֹ שֶׁנְּכָשׁוֹ נָחָשׁ. הֲרֵי זֶה גֵּט. שֶׁלֹּא עָמַד מֵאוֹתוֹ הַחוֹלִי. “If he died from that sickness87This is the condition on which the bill was delivered.,” and a stone heap fell on him, or a snake bit him88While the patient was still bedridden, he died from another cause., it cannot be a bill of divorce unless he died of that sickness. “If I should not recover from that sickness87This is the condition on which the bill was delivered.,” and a stone heap fell on him, or a snake bit him88While the patient was still bedridden, he died from another cause. it is a bill of divorce since he did not recover from that sickness89The Babli agrees, 73a..
תַּנֵּי. אַף הַמְסוּכָּן. אָמַר רִבִּי יַעֲקֹב בַּר אָחָא. מַעֲשֶׂה הָיָה כָהֵן שֶׁבָּעַל מֵת. It was stated: “Also the one in mortal danger.” Rebbi Jacob bar Aḥa said, it happened in such a case that he died during intercourse90A terminally ill person is forbidden intercourse not for legal but for medical reasons..
שֶׁלֹּא עָמַד מְאוֹתוֹ הַחוֹלִי. וְעֶבֶד וְשִׁפְחָה נֶאֱמָנִין. יוֹדְעִין הֵן הָעֵדִים שֶׁבְּשָׁעָה שֶׁנִּתְייַחֲדָה עִמּוֹ שֶׁהָיָה שָׁם עֶבֶד וְשִׁפְחָה. כְּהָדָא. נִתְייַחֲדָה עִמּוֹ בִּפְנֵי שְׁנַיִם צְרִיכָה הִימֶּינּוּ גֵט שֵׁינִי. בְּאֶחָד אֵינָהּ צְרִיכָה מִמֶּנּוּ גֵט שֵׁינִי. בְּאֶחָד בְּשַׁחֲרִית וּבְאֶחָד בֵּין הָעַרְבַּיִם. זֶה הָיָה מַעֲשֶׂה וְשָׁאַל רִבִּי אֶלְעָזָר בֶּן תרדיון לַחֲכָמִים וְאָֽמְרוּ. אֵין זֶה יִחוּד. נִתְייַחֲדָה עִמּוֹ כְּדֵי בְעִילָה חוֹשְׁשִין לָהּ מִשּׁוּם בְּעִילָה וְאֵין חוֹשְׁשִין לָהּ מִשּׁוּם קִידּוּשִׁין. רִבִּי יוֹסֵי בֵּירִבִּי יְהוּדָה אוֹמֵר. אַף חוֹשְׁשִין לָהּ מִשּׁוּם קִידּוּשִׁין. רִבִּי יִרְמְיָה פָּתַר מִתְנִיתָא. נִתְייַחֲדָה עִמּוֹ כְּדֵי בְעִילָה חוֹשְׁשִין לָהּ מִשּׁוּם בְּעִילַת זְנוּת וְאֵין חוֹשְׁשִין לָהּ מִשּׁוּם קִידּוּשִׁין בִּבְעִילָה. לֹא נִתְייַחֲדָה עִמּוֹ כְּדֵי בְעִילָה אֵין חוֹשְׁשִין לָהּ מִשּׁוּם כְּלוּם. רִבִּי יוֹסֵי פָּתַר לָהּ מַתְנִיתָא. נִתְייַחֲדָה עִמּוֹ כְּדֵי בְעִילָה חוֹשְׁשִין לָהּ מִשּׁוּם בְּעִילַת זְנוּת וְאֵין חוֹשְׁשִין לָהּ מִשּׁוּם קִידּוּשִׁין בִּבְעִילָה. רִבִּי יוֹסֵי בֵּירִבִּי יְהוּדָה אוֹמֵר. אַף חוֹשְׁשִין לָהּ מִשּׁוּם קִידּוּשִׁין בִּבְעִילָה. לֹא נִתְייַחֲדָה עִמּוֹ כְּדֵי בְעִילָה אֵין חוֹשְׁשִין לָהּ מִשּׁוּם קִדּוּשִׁין בְּכֶסֶף. רִבִּי יוֹסֵי בֵּירִבִּי יְהוּדָה אוֹמֵר. אַף חוֹשְׁשִין לָהּ מִשּׁוּם קִידּוּשִׁין בְּכֶסֶף. אָמַר רִבִּי אָבִין. אַתְיָא דְּבֵית שַׁמַּי כְּרַבָּנִין וּדְבֵית הִלֵּל כְּרִבִּי יוֹסֵי בֵּירִבִּי יְהוּדָה. “Whether he died from the original sickness.” Are male or female slaves trustworthy91The validity of the bill of divorce may be the subject of a law suit. Can such a suit be decided on the testimony of slaves? Slaves cannot be witnesses in court because (1) their testimony is subject to the influence of their master and, more importantly, (2) in money matters they are not subject to the laws of perjury (since they do not have personal property) and “the testimony of a person not subject to the laws of perjury is worthless.”? The witnesses know that at the time she was alone with him a male or female slave was present92The slaves do not have to appear in court.. 93A parallel text is in Tosephta 5:4 and Babli 73b; the text is partially quoted in Soṭah 1:1, Note 52.“If she was alone with him with the knowledge of two witnesses, she needs a second bill of divorce from him94Since two witnesses establish a fact by biblical rules and the House of Hillel invalidate a bill of divorce if the parties were alone together between signing and time of validation, the knowledge of two independent witnesses in itself invalidates the bill.. One witness, she does not need a second bill of divorce from him95A single witness has no standing in court in matters of validity of marriages or divorces.. One in the morning and one in the afternoon, that was a case and Rebbi Eleazar bar Thaddeus96The name is תַּדַּאי “Thaddeus” in Soṭah, the two parallel (and additional) Babylonian sources, against the reading “Tradion” here. asked the Sages who said, this is not [testimony of] being alone97Two single witnesses testifying about two different facts can never be considered as two witnesses for a pattern; cf. Soṭah 1:1, Note 52.. If she was alone together with him long enough for intercourse, one suspects her about intercourse but not about preliminary marriage98Preliminary marriage (not intended to be definitive) can be effected by intercourse (Mishnah Qiddušin 1:1); this is biblical standard. A marriage ceremony which is not witnessed is automatically invalid but it is possible to consider the witnesses to their being alone together as witnesses of intercourse. In Mishnah 8:11 the House of Hillel require only minimal standards from witnesses once the parties had been definitively married and living together.. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage.” Rebbi Jeremiah explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage. If the time was not long enough for intercourse, one does not suspect anything. Rebbi Yose explains the baraita: If she was alone together with him long enough for intercourse, one suspects her about immoral intercourse but not about preliminary marriage by intercourse. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by intercourse. If the time was not long enough for intercourse, one does not suspect preliminary marriage bymoney99This is an extraordinary relaxation of the standards of testimony in the circumstances of Mishnah 8:11. The Babli, 73b, rejects any legal consequences of physical intimacy not confirmed by two eye-witnesses.. Rebbi Yose ben Rebbi Jehudah says, one also suspects her about preliminary marriage by money. Rebbi Abin said, It turns out that the House of Shammai100Mishnaiot 8:4,11. parallels the rabbis and the House of Hillel Rebbi Yose ben Rebbi Jehudah.
לְיֵי דָא מִילָּא. רִבִּי לָֽעְזָר אוֹמֵר. לְיוֹרְשָׁהּ. דְּתַנִינָן תַּמָּן. וְזַכַּאי בִּמְצִיאָתָהּ וּבְמַעֲשֵׂה יָדֶיהָ וּבְהֵפֵר נְדָרֶיהָ. אָמַר רִבִּי זְעִירָא. זֹאת אוֹמֶרֶת שֶׁהִיא כְאֵשֶׁת אִישׁ לְכָל־דָּבָר. For what101What does R. Jehudah mean when he states that the woman who receives a bill of divorce which becomes valid at an indeterminate point in the future is a married woman in all respects?? Rebbi Eleazar said, to inherit from her102If the wife dies before her severely ill husband. In the Babli (73b/74a) and the Tosephta (5:4), this is a tannaïtic statement., as we have stated there103Mishnah Ketubot 4:6. The reference is to the part of the Mishnah which is not quoted, viz., that the husband has the usufruct from the wife’s properties (and inherits from her should she die during the marriage.): “He has a claim on what she finds and on her earnings, to dissolve her vows.” Rebbi Ze‘ira said, this is what is implied by “she is a married woman in all respects.104The husband did not relinquish his right to his wife’s properties’ yield.”
מִחְלְפָה שִׁיטָּתֵיהּ דְּרִבִּי יוּדָה. תַּמָּן הוּא אָמַר. מִיתָה מְצוּיָה. וְהָכָא הוּא אָמַר. אֵין מִיתָה מְצוּיָה. תַּמָּן בַּצִּיבּוּר כָּאן בְּיָחִיד. דְּתַנְיָא. רִבִּי יְהוּדָה אוֹמֵר. לֹא הָיָה שׁוֹפָר שֶׁלְּקִינִּים בִּירוּשָׁלַיִם מִפְּנֵי הַתַּעֲרוֹבֶת. שֶׁמָּא תָמוּת אַחַת מֵהֶן וְנִמְצְאוּ דְמֵי חַטָּאוֹת מֵתוֹת מְעוּרָבוֹת בָּהֶן. The opinion of Rebbi Jehudah seems to be inverted. There105Mishnah Yoma 1:1. On the Day of Atonement, the High Priest first has to atone for “himself and his house” (Lev. 16:6). “His house” is interpreted to mean “his wife”; an unmarried High Priest is unable to officiate. R. Jehudah requires that the married High Priest preliminarily marry another woman lest his wife die in the week before the Day of Atonement and prevent him from serving. He cannot definitively marry another woman since he alone among all Jews is required to be monogamous (Lev. 21:13). The other rabbis consider R. Jehudah’s precaution to be excessive., he says that death is frequent but here, he says that death is not frequent106He could not say that the woman who received a bill of divorce “from now if I should die” is married in all respects if at any moment he would expect the husband to die and the wife to be divorced.. There in public, here in private, as it was stated107תניא is Babylonian spelling for Yerushalmi תני. The reference is to Šeqalim 6:5 (belonging to Mishnah 6:7). The Mishnah enumerates 13 chests which were maintained at the Temple gate for the public to deposit its contributions. One of the chests was labelled for “nests”, the pairs of birds required as a purification sacrifice (Lev. 12:8) before a woman after childbirth could partake of family sacrifices. The women would deposit the money in the chest and every day the priests would offer the corresponding number of pairs of birds to purify the women. R. Jehudah holds that there was no such automatic arrangement in the Temple but that every woman after childbirth had to provide the pair of birds and personally hand them to a Cohen. His problem was that one of the birds was a holocaust but the other a purification offering and purification offerings might be presented only for living persons. If a woman died between the time she deposited the money in the chest and the next morning when the money was counted and the number of birds determined, then not only her purification offering would be invalid (it could not be offered, nor could it be released; it had to be kept in isolation until it died) but it would invalidate all other offerings of the same day (cf. Babli Yoma 55b/56b). R. Jehudah goes to extraordinary lengths for fear of sudden deaths; his position in the Mishnah here becomes more difficult to understand.: Rebbi Jehudah says there was no chest for nests in Jerusalem because of the mixing, maybe one of them would die and money for purification offerings destined to die would be mixed in with them.
בְּעִילָתָהּ מָהוּ. אִית תַּנָּיֵי תַנֵּי. בְּעִילָתָהּ בְּרוּרָה. וְאִית תַּנָּיֵי תַנֵּי. בְּעִילָתָהּ סָפֵק. מָאן דְּאָמַר בְּעִילָתָהּ בְּרוּרָה. מֵבִיא אָשָׁם תָּלוּי. וּמָאן דְּאָמַר בְּעִילָתָהּ סָפֵק. מֵת פָּטוּר. לֹא מֵת מֵבִיא חַטָּאת. What is the status of her intercourse108What is the legal status of a woman who had intercourse with another man after she had received a bill of divorce valid “from today when I shall die.”? Some Tannaïm state, her intercourse is certain109It certainly is sinful., but some Tannaïm state, her intercourse is in doubt110If the husband dies, it is clear retroactively that the intercourse was permitted.. According to him who says that her intercourse is certain, he brings a “hung” sacrifice111If the man involved was unaware at the moment of the act that the woman might be married. The “hung” sacrifice is the expiation sacrifice prescribed in Lev. 5:17–19 for an unintentional sin whose nature eludes the perpetrator.. According to him who says that her intercourse is in doubt, if [the husband] dies, he is free; if [the husband] does not die, he brings a purification sacrifice112A regular purification sacrifice (Lev. 4:27–35) for unintentional adultery. No sacrifice can ever atone for intentional sin (Num. 15:30)..