משנה: הֲרֵי זֶה גִּיטֵּיךְ אִם לֹא בָאתִי מִכָּן וְעַד שְׁלֹשִׁים יוֹם וְהָיָה הוֹלֵךְ מִיהוּדָה לַגָּלִיל. הִגִּיעַ לְאַנְטִיפַּטְרִס וְחָזַר בָּטֵל הַתְּנַאי. הֲרֵי זֶה גִּיטֵּיךְ אִם לֹא בָאתִי מִכָּן וְעַד שְׁלֹשִׁים יוֹם וְהָיָה הוֹלֵךְ מִגָּלִיל לִיהוּדָה וְהִגִּיעַ לִכְפַר עוֹתְנַי וְחָזַר בָּטֵל הַתְּנַאי. הֲרֵי זֶה גִּיטֵּיךְ אִם לֹא בָאתִי מִכָּן וְעַד שְׁלֹשִׁים יוֹם וְהָיָה הוֹלֵךְ לִמְדִינַת הַיָּם וְהִגִּיעַ לְעַכּוֹ וְחָזַר בָּטֵל הַתְּנַאי. הֲרֵי זֶה גִּיטֵּיךְ כָּל־זְמַן שֶׁאֶעֱבוֹר מִכְּנֶגֶד פָּנַיִךְ שְׁלֹשִׁים יוֹם הָיָה הוֹלֵךְ וּבָא הָיָה הוֹלֵךְ וּבָא הוֹאִיל וְלֹא נִתְייַחֵד עִמָּהּ הֲרֵי זֶה גֵּט. MISHNAH: “This is your bill of divorce if I should not return within thirty days from today;” if he intended to go from Judea to Galilee, came to Antipatris, and returned, it is invalidated following his condition144The great trade route of the via maris, connecting Egypt with Damascus, leaves Judea at Antipatris, near today’s Roš Ha‘ayin, to enter Samaria. The Mishnah states that a person wanting to leave a country is considered to have left it already when he has reached the border, even if he did not actually cross the border. The person is considered to have left the country; if he then changed his mind and returned, he returned within 30 days and invalidated the bill of divorce.. “This is your bill of divorce if I should not return within thirty days from today;” if he intended to go from Galilee to Judea, came to Kefar Othnay145Kafr ‘Uthnay near the excavations of Megiddo was the border town at which the via maris, coming from the South, entered Galilee., and returned, it is invalidated following his condition. “This is your bill of divorce if I should not return within thirty days from today;” if he intended to go overseas, came to Acco146By the principle explained in Note 144, if the person reaches a harbor where he could find a ship taking him overseas, he is considered to have gone overseas. The Mishnah also can be read as requiring the husband actually to have left the Land of Israel since Acco is partially inside and partially outside the Land (Chapter 1, Notes 64, 77)., and returned, it isinvalidated following his condition. “This is your bill of divorce if I should be absent from you for thirty days;” even if he repeatedly came and left, it is a bill of divorce if he never was alone with her147Since in the opinion of the Yerushalmi “absent from you” means “not having marital relations with you.” In the Babli, 76b, this is the interpretation of Rav Huna, against R. Joḥanan who invalidates the divorce if the wife saw the husband within a 30 day period..
הלכה: הֲרֵי זֶה גִּיטֵּיךְ כול׳. לְיֵי דֶה מִילָּה. רִבִּי לָֽעְזָר אָמַר. לְבֵיתוֹ. רִבִּי יוֹחָנָן אָמַר. לִמְקוֹמוֹת. מַתְנִיתָא מְסַייְעָא לְמָאן דְּאָמַר לְבֵיתוֹ. הִגִּיעַ לְעַכּוֹ וְחָזַר בָּטֵל הַתְּנַאי. אָמַר רִבִּי חַגַּיי קוֹמֵי רִבִּי יוֹסֵה. תִּיפְתָּר כְּמָאן דְּאָמַר. עַכּוֹ כְאֶרֶץ יִשְׂרָאֵל לְגִיטִּין. וַאֲפִילוּ תֵימַר. עַכּוֹ כְאֶרֶץ יִשְׂרָאֵל לְגִיטִּין. שֶׁמָּא לִתְנַאי גִיטִּין. HALAKHAH: “This is your bill of divorce,” etc. For what150What does “return” mean in the Mishnah?? Rebbi Elazar said, for his house151“Return” means that he returns to his wife for marital relations.; Rebbi Joḥanan said, for places152He already returned if he entered the community of his residence.. The Mishnah supports him who said, for his house: “If he came to Acco153If we hold that Acco has the status of a foreign country, the part of the Mishnah dealing with Acco is superfluous. The important statement of the Mishnah then is that he has to return to his wife to invalidate the bill of divorce, following R. Eleazar., and returned, it is invalidated following his condition.” Rebbi Ḥaggai said before Rebbi Yose, explain it following him who said that Acco is part of the Land of Israel for bills of divorce154Mishnah 1:2, Note 77.. But even if you say that Acco is part of the Land of Israel for bills of divorce, does that mean also for conditions imposed on a bill of divorce155Conditions have to be interpreted following common use, not in legal jargon. For everybody, Acco is a border town of the Land.?
וְאָסוּר לְהִתְייַחֵד עִמָּהּ מִכְּבָר שֶׁמָּא יַעֲבוֹר מִכְּנֶגֶד פָּנֶיהָ ל֗ יוֹם וְנִמְצָא גִיטָּהּ גָּדוֹל מִבְּנָהּ. He is forbidden to be alone with her immediately, for maybe he shall not visit her for thirty days and then her bill of divorce would be older than her child156The condition was an indeterminate period of thirty days, not “from today”. If the husband impregnated his wife after delivering the bill of divorce and later absented himself for 30 days, the record will show that the woman was divorced more than 9 months before the birth of her child. While this has no influence on the duties of the father towards his child, it will damage the child’s reputation..