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David's Siyum on Gittin and Seder Nashim

Thank you everyone for joining with me as I celebrate my siyum on Mesechtas Gittin and Seder Nashim. Seder Nashim is the second Seder that I am finishing

Usually the last Mesechta in Nashim is Kiddushin, but I already did Kiddushin so I am finishing with Gittin, the second to last Mesechta.

I would like to thank my mother for supporting my learining and preparing this Siyum and to thank my father for learning with me.

Introduction to Last Mishnah in Messechtas Giitn

Mesechtas Gittin discusses the process how a married couple gets divorced. With my being a divorce attorney, I did not really need much education on this topic.

To get divorced, the husband must give his wife a Get, a written divorce document. The mesechta discusses the details of both the Get itself and the mechanics on how to give the Get. Of course, the husband can hand the Get directly to his wife, but that is not fun. Rather, the Mesechta discusses all sorts of cases, like sending the Get with a Shaliach or throwing it at her.

In the middle, the Mesechta lists a lot of rules that the Chachomim put in place for Tikkun Olam, in order to allow society to function well. These include some rules about the Get but also, for instance, what happens if someone steals a wood beam and builds it into his house. (he does not have to rip down his house). hmmm, zoning laws...something I also know from my mother.....

The last Mishna of the Mesechta you would have thought should have been the first Mishna--since it discusses the circumstances under which the husband is allowed to divorce his wife. The Mishnah brings a three-way Machlokes between Beis Shammai, Beis Hillel and Rabi Akiva.

Bais Shammai rules that a husband may only divorce his wife if she violates his trust, for example, by having an improper relationship with another man.

Bais Hillel rules that the husband may divorce his wife even if all she does is burn his food or over salt the food. But it must be something directed negatively to him.

Rabi Akiva rules and says that a husband may divorce his wife for any all reasons, including if he no longer likes the way she looks.

  1. בֵּית שַׁמַּאי אוֹמְרִים,
  2. לֹא יְגָרֵשׁ אָדָם אֶת אִשְׁתּוֹ אֶלָּא אִם כֵּן מָצָא בָהּ דְּבַר עֶרְוָה,

  3. שֶׁנֶּאֱמַר (דברים כד), כִּי מָצָא בָהּ עֶרְוַת דָּבָר.

  4. וּבֵית הִלֵּל אוֹמְרִים, אֲפִלּוּ הִקְדִּיחָה תַבְשִׁילוֹ,

  5. שֶׁנֶּאֱמַר (שם), כִּי מָצָא בָהּ עֶרְוַת דָּבָר.

  6. רַבִּי עֲקִיבָא אוֹמֵר, אֲפִלּוּ מָצָא אַחֶרֶת נָאָה הֵימֶנָּה,

  7. שֶׁנֶּאֱמַר (שם), וְהָיָה אִם לֹא תִמְצָא חֵן בְּעֵינָיו:
  1. Beis Shammai says:
  2. A man may not divorce his wife unless he finds out about or suspects her of having an improper relationship with another man.
  3. as the Pasuk says: “Because he has found An Ervah -the Torah uses the term Ervah, which usually means an improper relationship.

  4. And Beis Hillel says: He may divorce her even due to a minor issue, for example because she burned or over-salted his dish,
  5. Beis Hillel quotes the same Pasuk as Beis Shammai but focuses on the "Davar part" meaning that he found any type of shortcoming in her.
  6. Rabbi Akiva says: He may divorce her even if he found another woman who is better looking than her and wishes to marry her,
  7. as the Pasuk says “And it comes to pass, if she finds no further favor in his eyes”

סליקא לן מסכת גיטין וסדר נשים