Talmud Yerushalmi
Yerushalmi Gittin 6:3 ירושלמי גיטין ו׳:ג׳
Part of: Chapter 6
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משנה: הָאוֹמֵר תֶּן גֵּט זֶה לְאִשְׁתִּי בְּמָקוֹם פְּלוֹנִי וּנְתָנוֹ לָהּ בְּמָקוֹם אַחֵר פָּסוּל. הֲרֵי הִיא בְּמָקוֹם פְּלוֹנִי וּנְתָנוֹ לָהּ בְּמָקוֹם אַחֵר כָּשֵׁר. הָאִשָּׁה שֶׁאָמְרָה הִתְקַבֵּל לִי גִיטִּי בְּמָקוֹם פְּלוֹנִי וְקִיבְּלָהּ לָהּ בְּמָקוֹם אַחֵר פָּסוּל. וְרִבִּי אֶלְעָזָר מַכְשִׁיר. הָבֵא לִי גִיטִּי מִמָּקוֹם פְּלוֹנִי וֶהֱבִיאוֹ לָהּ מִמָּקוֹם אַחֵר כָּשֵׁר.
MISHNAH: If somebody says, deliver this bill of divorce to my wife at place X81This is formulated as a condition of the appointment. In the next sentence, the place is mentioned only as an indication. and he delivered it at another place, it is invalid. But if he said, she is at place X, and he delivered it at another place, it is valid.
If a woman says, accept my bill of divorce at place X, and he accepted it at another place, it is invalid, but Rebbi Eleazar83Who in Mishnah 5 holds that instructions about delivery are not binding on the agent. The Babli disagrees (65a) and holds that R. Eleazar (the Tanna) considers the husband’s instructions as binding, but not the wife’s. declares it valid. Bring my bill of divorce from place X and he brought it from another place, it is valid.
MISHNAH: If somebody says, deliver this bill of divorce to my wife at place X81This is formulated as a condition of the appointment. In the next sentence, the place is mentioned only as an indication. and he delivered it at another place, it is invalid. But if he said, she is at place X, and he delivered it at another place, it is valid.
If a woman says, accept my bill of divorce at place X, and he accepted it at another place, it is invalid, but Rebbi Eleazar83Who in Mishnah 5 holds that instructions about delivery are not binding on the agent. The Babli disagrees (65a) and holds that R. Eleazar (the Tanna) considers the husband’s instructions as binding, but not the wife’s. declares it valid. Bring my bill of divorce from place X and he brought it from another place, it is valid.
הלכה: קְטַנָּה שֶׁאָמְרָה. הִתְקַבֵּל לִי גִיטִּי כול׳. מַתְנִיתָא דְּלָא כְרִבִּי אֶלְעָזָר. בְּרַם כְּרִבִּי אֶלְעָזָר לְעוֹלָם אֵינָהּ מְגוּרֶשֶׁת עַד שֶׁיֹּאמַר לוֹ. אַל תְּגָרְשֶׁנָּהּ לִי אֶלָּא בְמָקוֹם פְּלוֹנִי. הֲרֵי הִיא בְּמָקוֹם פְּלוֹנִי. וְהָלַךְ וְגֵירְשָׁהּ בְּמָקוֹם אַחֵר. הֲרֵי זוֹ אוֹף רִבִּי לָעְזָר מוֹדֶה שֶׁאֵינוֹ אֶלֵּא כְמַרְאֶה לָהּ מָקוֹם. אוֹף רַבָּנִין מוֹדֵיי שֶׁאֵינוֹ אֶלֵּא כְמַרְאֶה לָהּ מָקוֹם.
HALAKHAH: “If an underage girl said, accept the bill of divorce for me,82The reference should be to Mishnah 4, not 3.” etc. The Mishnah does not follow Rebbi Eleazar83Who in Mishnah 5 holds that instructions about delivery are not binding on the agent. The Babli disagrees (65a) and holds that R. Eleazar (the Tanna) considers the husband’s instructions as binding, but not the wife’s.. But following Rebbi Eleazar she is (not)84The context and the parallel about preliminary marriage by agent (Qiddušin 2:4) show that this word has to be deleted. divorced unless [the husband] tells [the agent]: Do not divorce her except at place X84The context and the parallel about preliminary marriage by agent (Qiddušin 2:4) show that this word has to be deleted.. “If he said, she is at place X and he delivered it at another place,” Rebbi Eleazar agrees that he only indicates a place; the rabbis agree that he only indicates a place.
HALAKHAH: “If an underage girl said, accept the bill of divorce for me,82The reference should be to Mishnah 4, not 3.” etc. The Mishnah does not follow Rebbi Eleazar83Who in Mishnah 5 holds that instructions about delivery are not binding on the agent. The Babli disagrees (65a) and holds that R. Eleazar (the Tanna) considers the husband’s instructions as binding, but not the wife’s.. But following Rebbi Eleazar she is (not)84The context and the parallel about preliminary marriage by agent (Qiddušin 2:4) show that this word has to be deleted. divorced unless [the husband] tells [the agent]: Do not divorce her except at place X84The context and the parallel about preliminary marriage by agent (Qiddušin 2:4) show that this word has to be deleted.. “If he said, she is at place X and he delivered it at another place,” Rebbi Eleazar agrees that he only indicates a place; the rabbis agree that he only indicates a place.