משנה: בֵּית שַׁמַּאי אוֹמְרִים פּוֹטֵר אָדָם אֶת אִשְׁתּוֹ בְּגֵט יָשָׁן וּבֵית הִלֵּל אוֹסְרִין. וְאֵי זֶהוּ גֵּט יָשָׁן כָּל שֶׁנִּתְייָחֵד עִמָּהּ אַחַר שֶׁכְּתָבוֹ לָהּ. MISHNAH: The House of Shammai say, a man may send away his wife with an old bill of divorce, but the House of Hillel forbid it59In Mishnah 9:11, the House of Shammai forbid divorce except for adultery (whether or not it is provable in court). Therefore, the House of Shammai can assume that the parties hate one another and will not sleep together. But the House of Hillel, who permit divorce for any (or no) reason, must be afraid that the wife could become pregnant after the bill was written and this would put her child in an untenable position. In any case, everybody agrees that the bill of divorce is valid in biblical law.. And what is an old bill of divorce? If he was again alone with her after he wrote it for her.
הלכה: בֵּית שַׁמַּי אוֹמְרִים כול׳. רַב יְהוּדָה בְשֵׁם שְמוּאֵל. וְכוּלָּן אִם נִשְׂאוּ לֹא תֵצֵא. שֶׁלֹּא לְהוֹצִיא לִיזָה עַל בָּנֶיהָ. HALAKHAH: “The House of Shammai say,” etc. Rav Jehudah in the name of Samuel: And any one of them if she was married should not leave, in order not to cause talk about her children60Since the bill of divorce is valid in biblical law, there is no reason to punish any woman who remarries based on such a bill. The court has no reason to force her to leave the new husband. The Babli, 79b, agrees and even notes that if the first husband is unavailable to give a corrected bill, the court will instruct the woman to remarry on the basis of the old bill..
אֲנָן תַּנִּינָן. מֵאַחַר שֶׁכְּתָבוֹ לָהּ. אִית תַּנָּיֵי תַנֵּי. מֵאַחַר שֶׁנְּתָנוֹ לָהּ. מָאן דְּאָמַר. מֵאַחַר שֶׁכְּתָבוֹ לָהּ. מְסַייֵעַ לְבֵית שַׁמַּי. מָאן דְּאָמַר. מֵאַחַר שֶׁנְּתָנוֹ לָהּ. מְסַייֵעַ לְבֵית הִלֵּל. We stated: “After he wrote it for her.” Some Tannaïm state “after he delivered it to her.” He who says “after he delivered it to her” supports the House of Shammai61This refers to the House of Shammai in Mishnah 11: “If a person divorced his wife and stayed with her in a hostelry, she does not need a second bill of divorce from him,” since after a divorce for adultery we do not assume that the husband would sleep with his ex-wife.; he who says “after he wrote it for her” supports the House of Hillel62They always expect a man and a woman to take any occasion to sleep together if they were once married..