Talmud Yerushalmi
Yerushalmi Gittin 4:7 ירושלמי גיטין ד׳:ז׳
Part of: Chapter 4
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משנה: הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם שֶׁם רַע לֹא יַחֲזִיר מִשּׁוּם נֶדֶר לֹא יַחֲזִיר. רִבִּי יְהוּדָה אוֹמֵר כָּל נֶדֶר שֶׁיָּדְעוּ בוֹ הָרַבִּים לֹא יַחֲזִיר וְשֶׁלֹּא יָדְעוּ בוֹ הָרַבִּים יַחֲזִיר. רִבִּי מֵאִיר אוֹמֵר כָּל נֶדֶר שֶׁצָּרִיךְ חֲקִירַת חָכָם לֹא יַחֲזִיר וְשֶׁאֵינוֹ צָרִיךְ חֲקִירַת חָכָם יַחֲזִיר. אָמַר רִבִּי אֶלְעָזָר לֹא אָסְרוּ זֶה אֶלָּא מִפְּנֵי זֶה. אָמַר רִבִּי יוֹסֵי בַּר יְהוּדָה מַעֲשֶׂה בְּצַיְדָּן בְּאֶחָד שֶׁאָמַר לְאִשְׁתּוֹ קוֹנָם שֶׁאֵינִי מְגָרְשָׁךְ וְגֵרְשָׁהּ וְהִתִּירוּ לוֹ חֲכָמִים שֶׁיַּחֲזִירֶנָּה מִפְּנֵי תִיקּוּן הָעוֹלָם.
MISHNAH: If somebody divorces his wife because of bad reputation173She has the reputation of an adulteress but he has no proof., he cannot take her back174As explained in the Halakhah, to protect the wife’s children in a subsequent marriage. This is in the public interest.; because of a vow175Because of a vow she made., he cannot take her back174As explained in the Halakhah, to protect the wife’s children in a subsequent marriage. This is in the public interest.. Rebbi Jehudah says, for any vow known in public176Which according to R. Jehudah cannot be dissolved; cf. Nedarim 5:4, Note 56., he cannot take her back; not known in public, he can take her back. Rebbi Meїr says, for any vow which needs investigation by a Sage, he cannot take her back; if it does not need investigation by a Sage, he can take her back177A vow made in error which never was binding.. Rebbi Eleazar said, they forbade one because of the other178This is explained in the Halakhah.. Rebbi Yose ben Jehudah said, it happened in Sidon that one said to his wife, a qonam179He forbade certain things on himself if he did not fulfill the conditions he imposed on himself; cf. Tractate Nedarim, Introduction. if I do not divorce you, and he divorced her, and the Sages permitted him to take her back180This is unproblematic since he fulfilled his vow. The case is quoted only to show that the prohibition to take her back is due only to a vow of hers, not his., for the public good.
MISHNAH: If somebody divorces his wife because of bad reputation173She has the reputation of an adulteress but he has no proof., he cannot take her back174As explained in the Halakhah, to protect the wife’s children in a subsequent marriage. This is in the public interest.; because of a vow175Because of a vow she made., he cannot take her back174As explained in the Halakhah, to protect the wife’s children in a subsequent marriage. This is in the public interest.. Rebbi Jehudah says, for any vow known in public176Which according to R. Jehudah cannot be dissolved; cf. Nedarim 5:4, Note 56., he cannot take her back; not known in public, he can take her back. Rebbi Meїr says, for any vow which needs investigation by a Sage, he cannot take her back; if it does not need investigation by a Sage, he can take her back177A vow made in error which never was binding.. Rebbi Eleazar said, they forbade one because of the other178This is explained in the Halakhah.. Rebbi Yose ben Jehudah said, it happened in Sidon that one said to his wife, a qonam179He forbade certain things on himself if he did not fulfill the conditions he imposed on himself; cf. Tractate Nedarim, Introduction. if I do not divorce you, and he divorced her, and the Sages permitted him to take her back180This is unproblematic since he fulfilled his vow. The case is quoted only to show that the prohibition to take her back is due only to a vow of hers, not his., for the public good.
הלכה: הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם שֶׁם רַע כול׳. וְתַנֵּי. מִפְּנֵי מַה אָמְרוּ חֲכָמִים. הַמּוֹצִיא מִשּׁוּם שֶׁם רַע לֹא יַחֲזִיר. שֶׁהֲרֵי הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם שֶׁם רַע וְהָלְכָה וְנִישֵּׂאת לְאַחֵר וְיָלְדָה מִמֶּנּוּ בָנִים. לְאַחַר זְמָן נִמְצְאוּ הַדְּבָרִים בְּדָאִים. אָמַר. אִילּוּ הָיִיתִי יוֹדֵעַ שֶׁהַדְּבָרִים בְּדָאִים אִילּוּ הָיָה אָדָם נוֹתֵן לִי בְאִשְׁתִּי מֵאָה מְנָה לֹא הָיִיתִי מְגָרְשָׁהּ. וְנִמְצָא גֵּט בָּטֵל וּבָנֶיהָ מַמְזֵירִין. וּמִתּוֹךְ שֶׁהוּא יוֹדֵעַ שֶׁאִם הוּא מְגָרְשָׁהּ שֶׁהִיא אֲסוּרָה לַחֲזוֹר לוֹ אַף הוּא נוֹתֵן לָהּ גֵּט שָׁלֵם מִשָּׁעָה רִאשׁוֹנָה.
HALAKHAH: “If somebody divorces his wife because of bad reputation,” etc. And it was stated181Babli 46a, Tosephta 3:5.: “Why did the Sages say that he who divorces his wife because of bad reputation cannot take her back182The court will not let him take her back. While a divorce as a matter of principle is a private affair between husband and wife and needs only two witnesses for the document and two for the delivery, a divorce because of probable cause of adultery is a public affair. The husband can divorce his wife without paying her ketubah only if he can show probable cause in court. If he divorces her and pays the ketubah, it is not classified as “divorce because of bad reputation”.? For if he divorced his wife because of bad reputation, when she went, married another, and bore him children, after some time it turned out that the accusations were baseless and he said, if I had known that the accusations were baseless, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated183Since Deut. 24:1 make the divorce dependent on the husband’s will, if later he retracts that will, he retroactively invalidates the divorce. This is also accepted in the Babli; in modern practice the husband has to agree that any later change of heart must be disregarded. and her children bastards. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.”
HALAKHAH: “If somebody divorces his wife because of bad reputation,” etc. And it was stated181Babli 46a, Tosephta 3:5.: “Why did the Sages say that he who divorces his wife because of bad reputation cannot take her back182The court will not let him take her back. While a divorce as a matter of principle is a private affair between husband and wife and needs only two witnesses for the document and two for the delivery, a divorce because of probable cause of adultery is a public affair. The husband can divorce his wife without paying her ketubah only if he can show probable cause in court. If he divorces her and pays the ketubah, it is not classified as “divorce because of bad reputation”.? For if he divorced his wife because of bad reputation, when she went, married another, and bore him children, after some time it turned out that the accusations were baseless and he said, if I had known that the accusations were baseless, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated183Since Deut. 24:1 make the divorce dependent on the husband’s will, if later he retracts that will, he retroactively invalidates the divorce. This is also accepted in the Babli; in modern practice the husband has to agree that any later change of heart must be disregarded. and her children bastards. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.”
תַּנֵּי. מִפְּנֵי מַה אָמְרוּ. הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם נֵדֶר לֹא יַחֲזִיר. שֶׁהֲרֵי הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם נֵדֶר וְהָלְכָה וְנִישֵּׂאת לְאַחֵר וְיָלְדָה מִמֶּנּוּ וְנִמְצָא נֵדֶר בָּטֵל. אָמַר. אִילּוּ הָיִיתִי יוֹדֵעַ שֶׁהָיָה הַנֵּדֶר בָּטֵל אִילּוּ הָיָה אָדָם נוֹתֵן לִי בְאִשְׁתִּי מֵאָה מְנָה לֹא הָיִיתִי מְגָרְשָׁהּ. וְנִמְצָא גֵּט בָּטֵל וְהַוְולָד מַמְזֵר. וּמִתּוֹךְ שֶׁהוּא יוֹדֵעַ שֶׁאִם הוּא מְגָרְשָׁהּ שֶׁהִיא אֲסוּרָה לַחֲזוֹר לוֹ אַף הוּא נוֹתֵן לָהּ גֵּט שָׁלֵם מִשָּׁעָה רִאשׁוֹנָה. אָמַר רִבִּי זְעִירָה. תֵּדַע לָךְ שֶׁעִילָּה הָיָה רוֹצֶה לְגֵרְשָׁהּ. שֶׁהֲרֵי נֵדֶר שֶׁאֵינוֹ צָרִיךְ חֲקִירַת חָכָם הָיָה. אָמַר רִבִּי זְעִירָה. תֵּדַע לָךְ שֶׁעִילָּה הָיָה רוֹצֶה לְגֵרְשָׁהּ. שֶׁהֲרֵי נֵדֶר שֶׁלֹּא יָדְעוּ בוֹ רַבִּים הָיָה. אָמַר רִבִּי לָעְזָר. לֹא אָסְרוּ זֶה אֶלָּא מִפְּנֵי זֶה. בְּדִין הָיָה שֶׁאֲפִילוּ נֵדֶר שֶׁהוּא צָרִיךְ חֲקִירַת חָכָם יַחֲזִיר. שֶׁהַזָּקֵן עוֹקֵר אֶת הַנֵּדֶר מֵעִיקָּרוֹ. מִפְּנֵי מַה אָסְרוּ נֵדֶר שֶׁאֵין צָרִיךְ חֲקִירַת חָכָם. מִפְּנֵי נֵדֶר שֶׁצָּרִיךְ חֲקִירַת חָכָם.
It was stated184Tosephta 3:5.: “Why did they say that he who divorces his wife because of a vow cannot take her back? For if he divorced his wife because of a vow, when she went, married another, and bore him children, after some time it turned out that the vow was void and he said, if I had known that the vow was void, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated and her child a bastard. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.” Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since it must have been a vow which does not need investigation by a Sage185The only invalid vows are those which do not need an Elder to be nullified. Therefore, the husband could have annulled the vow (Nedarim Chapters 10–11).! Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since it must have been a vow which was not public knowledge186Also for a public vow, the situation described in the Tosephta cannot arise.! 187This is quoted in Ketubot 7:9, explained there in Notes 117,118.“Rebbi Eleazar said, they forbade one because of the other.” The law should be that he can take her back even if it was a vow which needs investigation by a Sage, for the Elder uproots the vow. Why did they forbid a vow which needs investigation by a Sage? Because of a vow which does not need investigation by a Sage188In which case the situation described in the Tosephta could arise..
It was stated184Tosephta 3:5.: “Why did they say that he who divorces his wife because of a vow cannot take her back? For if he divorced his wife because of a vow, when she went, married another, and bore him children, after some time it turned out that the vow was void and he said, if I had known that the vow was void, even if somebody had offered me a hundred minas for my wife I would not have divorced her, then the bill of divorce would be invalidated and her child a bastard. But since he knows that if he divorces her, she will be forbidden to return to him, from the start he gives her a perfect bill of divorce.” Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since it must have been a vow which does not need investigation by a Sage185The only invalid vows are those which do not need an Elder to be nullified. Therefore, the husband could have annulled the vow (Nedarim Chapters 10–11).! Rebbi Ze‘ira said, you can see that he was looking for a pretext to divorce her since it must have been a vow which was not public knowledge186Also for a public vow, the situation described in the Tosephta cannot arise.! 187This is quoted in Ketubot 7:9, explained there in Notes 117,118.“Rebbi Eleazar said, they forbade one because of the other.” The law should be that he can take her back even if it was a vow which needs investigation by a Sage, for the Elder uproots the vow. Why did they forbid a vow which needs investigation by a Sage? Because of a vow which does not need investigation by a Sage188In which case the situation described in the Tosephta could arise..