משנה: יָצָא שְׁמָהּ בָּעִיר מְקוּדֶּשֶׁת הֲרֵי זוֹ מְקוּדֶּשֶׁת. מְגוֹרֶשֶׁת הֲרֵי זוֹ מְגוֹרֶשֶׁת. וּבִלְבַד שֶׁלֹּא יְהֵא שָׁם אֲמַתְלָא. וְאֵיזוֹ הִיא אֲמַתְלָא. גִּירֵשׁ אִישׁ פְּלוֹנִי אֶת אִשְׁתּוֹ עַל תְּנַאי זָרַק לָהּ קִידּוּשִׁין סָפֵק קָרוֹב לָהּ סָפֵק קָרוֹב לוֹ זוֹ הִיא אֲמַתְלָא. MISHNAH: If it became public knowledge in town that she was preliminarily married, she is preliminarily married167If she had been unmarried, she cannot marry another man without receiving a divorce from the one to whom she is betrothed in the eyes of the public.; divorced, she is divorced168And could not marry a Cohen even if previously unmarried., except if there was an excuse. What would be an excuse? Mr. X divorced his wife conditionally169And the condition was not satisfied., or he threw valuables for preliminary marriage to her and it was doubtful whether it was closer to her than to him170A doubt whether a doubtful marriage was concluded has to be dismissed as irrelevant.; that is an excuse.
הלכה: יָצָא שְׁמָהּ בָּעִיר מְקוּדֶּשֶׁת הֲרֵי זוֹ מְקוּדֶּשֶׁת כול'. רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן. נֵירוֹת דּוֹלְקִין וְשִׂיחוֹת בְּנֵי אָדָם מְשִׂיחִין. הָתִיב רִבִּי זְעִירָא קוֹמֵי רִבִּי יָסָא. וְהָא תַנִּינָן. יָצָא שְׁמָהּ בָּעִיר מְקוּדֶּשֶׁת הֲרֵי זוֹ מְקוּדֶּשֶׁת. מְגוֹרֶשֶׁת הֲרֵי זוֹ מְגוֹרֶשֶׁת. אִית לָךְ מֵימַר נֵירוֹת דּוֹלְקִין. לֹא סִיחוֹת בְּנֵי אָדָם מְסִיחִין. וְהָכָא סִיחוֹת בְּנֵי אָדָם מְשִׂיחִין. רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן. נִבְדַּק הַשֵּׁם וְנִמְצָא מִפִּי נָשִׁים מִפִּי קְטַנִּים בָּטֵל הַשֵּׁם. רַב אָמַר. לֹא הִתִּירוּ בֶהּ אֶלָּא עֵד מִפִּי עֵד בִּלבַד. HALAKHAH: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married”. Rebbi Yasa in the name of Rebbi Joḥanan: If lights are burning and people talk175A person can be held married only if there was a marriage celebration and people talk about it. The same opinion is attributed to R. Joḥanan in the Babli, 89a.. Rebbi Ze‘ira objected before Rebbi Yasa: But did we not state: “If it became public knowledge in town that she was preliminarily married, she is preliminarily married; divorced, she is divorced”? Can you say that lights are burning176Since the Mishnah treats divorce as parallel to marriage and usually people do not make divorce parties, no celebration can be required.? No, people talk. So here also, people talk177Likewise for marriage, no testimony about festivities is required.. Rebbi Yasa in the name of Rebbi Joḥanan: If the title was checked and found to be from the mouth of women or minors, the title is abolished178The court cannot act (to require a divorce or to prohibit marriage to a Cohen) unless it is informed by people able to appear as formal witnesses in court.. Rav said, they permitted only in case of a hearsay witness179Rav disagrees with R. Joḥanan. If a formal proof were required, the Mishnah would be unnecessary. Therefore, only a determination of facts is needed, and women can be asked about facts. He agrees only that if the information was by hearsay and its source cannot be located, it has to be disregarded. In the Babli, 89a, Rav holds that if the source was located but cannot be asked because the informant left, one accepts the rumor as true..