Talmud Yerushalmi
Yerushalmi Gittin 8:5 ירושלמי גיטין ח׳:ה׳
Part of: Chapter 8
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משנה: כָּתַב לְשֵׁם מַלְכוּת שֶׁאֵינָהּ הוֹגֶנֶת לְשֵׁם מַלְכוּת מָדַי וּלְשֵׁם מַלְכוּת יָוָן לְבִנְיַין הַבַּיִת וּלְחוּרְבַּן הַבַּיִת. הָיָה בַמִּזְרָח וְכָתַב בַּמַּעֲרָב בַּמַּעֲרָב וְכָתַב בַּמִּזְרָח תֵּצֵא מִזֶּה וּמִזֶּה וּצְרִיכָה גֵּט מִזֶּה וּמִזֶּה. אֵין לָהּ לֹא כְתוּבָּה וְלֹא פֵירוֹת וְלֹא מְזוֹנוֹת וְלֹא בְלָאוֹת עַל זֶה וְעַל זֶה וְאִם נָטְלָה מִזֶּה וּמִזֶּה תַּחֲזִיר וְהַוְולָד מַמְזֵר מִזֶּה וּמִזֶּה. לֹא זֶה וְזֶה מְטַמְּאִין לָהּ וְלֹא זֶה וְזֶה זַכָּאִין לא בִמְצִיאָתָהּ וְלֹא בְמַעֲשֵׂה יָדֶיהָ וְלֹא בַהֲפָרַת נְדָרֶיהָ. הָיְתָה בַת יִשְׂרָאֵל נִפְסְלָה מִן הַכְּהוּנָה בַּת לֵוִי מִן הַמַּעֲשֵׂר וּבַת כֹּהֵן מִן הַתְּרוּמָה. אֵין יוֹרְשָׁיו שֶׁלָּזֶה וְשֶׁלָּזֶה יוֹרְשִׁין כְּתוּבָּתָהּ. מֵתוּ אָחִיו שֶׁלָּזֶה וְאָחִיו שֶׁלָּזֶה חוֹלְצִין וְלֹא מְיַבְּמִין. שִׁינָּה שְׁמוֹ וּשְׁמָהּ שֵׁם עִירוֹ וְשֵׁם עִירָהּ תֵּצֵא מִזֶּה וּמִזֶּה וְכָל הַדְּרָכִים הָאֵילּוּ בָהּ. כָּל הָעֲרָיוֹת שֶׁאָמְרוּ צָרוֹתֵיהֶן מוּתָּרוֹת הָלְכוּ הַצָּרוֹת הָאֵילּוּ וְנִישְּׂאוּ וְנִמְצְאוּ אֵילּוּ אַיְלוֹנִיּוֹת תֵּצֵא מִזֶּה וּמִזֶּה וְכָל הַדְּרָכִים הָאֵילּוּ בָהּ.
MISHNAH: If he wrote in the name of an inappropriate government63If the document was dated by the regnal years of a king who did not rule over the place at which the bill was written., in the name of the government of Media64The government of Media had ceased with Cyrus, many centuries earlier. An astronomer like Ptolemy could base his computations (during the reign of Antoninus Pius) on the era of the Assyrian king Nabonassar, but a legal document had to refer to the years of the Princeps in Rome or the Parthian, later the Persian king in Babylonia. or the government of Greece65Probably this refers to any one of the successors of Alexander., from the construction of the Temple or the destruction of the Temple66This way of dating probably was proscribed by the Roman government.; if he was in the West and wrote “in the East” or in the East and wrote “in the West”67If the place of writing the document was described incorrectly., she needs a bill of divorce from both of them68The situation of a woman remarrying based on an invalid bill of divorce is identical with that of a woman wrongly informed of the death of her husband who remarried based on that information; cf. Mishnah Yebamot 10:1, Notes 3–6., she has neither ketubah nor usufruct nor used clothing from either of them, and if she took anything she must return it. Any child from either of the men is a bastard; neither of them may defile himself for her. Neither man has any claim on what she finds or earns, or on invalidation of her vows. If she was the daughter of an Israel, she is disabled from priesthood, the daughter of a Levite from tithe, the daughter of a Cohen from heave. The heirs of neither man inherit her ketubah. If they died, the brothers of both of them perform ḥaliṣah but not levirate. If he changed his or her name or the name of his or her city69As noted in the Halakhah, only this section of the Mishnah represents practice; it has given rise to an enormous literature dealing with the correct spelling of Jewish names of persons and places; cf. the Introductions to E. and H. Guggenheimer, Jewish Family Names and Their Origins,An Etymological Dictionary, Ktav Publishing 1992; Etymologisches Lexikon der jüdischen Familiennamen, K. G. Saur 1996. she shall be divorced from both of them and all the indicated consequences apply to her.
Referring to all the close relatives about whom they said that their co-wives are permitted, if any of the co-wives went and married otherwise but the relatives turned out to be she-rams, she shall be divorced from both of them and all the aforementioned consequences apply to her74A “she-ram” is an infertile woman lacking secondary sex characteristics. Her marriage is considered non-existent by biblical standards. It is the basic tenet of the House of Hillel that if a man dies without issue and any of his wives is forbidden to any of his brothers, all of his wives are forbidden to all the brothers and are free to marry outside the family without further ceremony (cf. Mishnah Yebamot 1:1). If the relative turns out to be a she-ram, who cannot be married, the release of the other wives turns out to have been erroneous and their new marriages incestuous for those who hold that the outside marriage of a candidate for levirate marriage is incestuous (which is an opinion of R. Aqiba rejected by his successors.).
MISHNAH: If he wrote in the name of an inappropriate government63If the document was dated by the regnal years of a king who did not rule over the place at which the bill was written., in the name of the government of Media64The government of Media had ceased with Cyrus, many centuries earlier. An astronomer like Ptolemy could base his computations (during the reign of Antoninus Pius) on the era of the Assyrian king Nabonassar, but a legal document had to refer to the years of the Princeps in Rome or the Parthian, later the Persian king in Babylonia. or the government of Greece65Probably this refers to any one of the successors of Alexander., from the construction of the Temple or the destruction of the Temple66This way of dating probably was proscribed by the Roman government.; if he was in the West and wrote “in the East” or in the East and wrote “in the West”67If the place of writing the document was described incorrectly., she needs a bill of divorce from both of them68The situation of a woman remarrying based on an invalid bill of divorce is identical with that of a woman wrongly informed of the death of her husband who remarried based on that information; cf. Mishnah Yebamot 10:1, Notes 3–6., she has neither ketubah nor usufruct nor used clothing from either of them, and if she took anything she must return it. Any child from either of the men is a bastard; neither of them may defile himself for her. Neither man has any claim on what she finds or earns, or on invalidation of her vows. If she was the daughter of an Israel, she is disabled from priesthood, the daughter of a Levite from tithe, the daughter of a Cohen from heave. The heirs of neither man inherit her ketubah. If they died, the brothers of both of them perform ḥaliṣah but not levirate. If he changed his or her name or the name of his or her city69As noted in the Halakhah, only this section of the Mishnah represents practice; it has given rise to an enormous literature dealing with the correct spelling of Jewish names of persons and places; cf. the Introductions to E. and H. Guggenheimer, Jewish Family Names and Their Origins,An Etymological Dictionary, Ktav Publishing 1992; Etymologisches Lexikon der jüdischen Familiennamen, K. G. Saur 1996. she shall be divorced from both of them and all the indicated consequences apply to her.
Referring to all the close relatives about whom they said that their co-wives are permitted, if any of the co-wives went and married otherwise but the relatives turned out to be she-rams, she shall be divorced from both of them and all the aforementioned consequences apply to her74A “she-ram” is an infertile woman lacking secondary sex characteristics. Her marriage is considered non-existent by biblical standards. It is the basic tenet of the House of Hillel that if a man dies without issue and any of his wives is forbidden to any of his brothers, all of his wives are forbidden to all the brothers and are free to marry outside the family without further ceremony (cf. Mishnah Yebamot 1:1). If the relative turns out to be a she-ram, who cannot be married, the release of the other wives turns out to have been erroneous and their new marriages incestuous for those who hold that the outside marriage of a candidate for levirate marriage is incestuous (which is an opinion of R. Aqiba rejected by his successors.).
הלכה: כָּתַב לְשֵׁם מַלְכוּת שֶׁאֵינָהּ הוֹגֶנֶת. לְשֵׁם מַלְכוּת מָדַי כול׳. רִבִּי יוֹחָנָן בְשֵׁם רִבִּי יַנַּאי. עָשׂוּ אֶת הַוְולָד מַמְזֵר מִפְּנֵי הַסַּכָּנָה. רַב הוּנָא בְשֵׁם רַב. כָּל הָדָא פִירְקָא דְּרִבִּי מֵאִיר. חוּץ מִשִּׁינָּה שְׁמוֹ וּשְׁמָהּ שֵׁם עִירוֹ וְשֵׁם עִירָהּ. רִבִּי מָנָא בְעָא קוֹמֵי רִבִּי יָסָא. אַף הַמְגָרֵשׁ. אָמַר לֵיהּ. לֵית פִּירְקָא דִידְכוֹן אֶלָּא דִידָן.
HALAKHAH: “If he wrote in the name of an inappropriate government, in the name of the government of Media,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: They declared the child a bastard because of the danger70There is no biblical reason why a bill of divorce should be invalid as long as it is possible to identify its date. The only reason that people are made afraid of the consequences of incorrect dating is to avoid repressive measures by the Roman government. The Babli agrees, 80a.. Rav Huna in the name of Rav: This entire Chapter is Rebbi Meїr’s71None of the rules which require a double divorce are practice except that which forbids changing the names of the parties or their places of residence. The Babli agrees implicitly by labelling the rules as R. Meir’s. except for “if he changed his or her name or the name of his or her city.” Rebbi Mana asked before Rebbi Yasa: Also “if somebody divorced his wife”72The following Chapter 9.? He said to him, not your Chapter but our Chapter73Only the rules in Chapter 8 which require a double divorce..
HALAKHAH: “If he wrote in the name of an inappropriate government, in the name of the government of Media,” etc. Rebbi Joḥanan in the name of Rebbi Yannai: They declared the child a bastard because of the danger70There is no biblical reason why a bill of divorce should be invalid as long as it is possible to identify its date. The only reason that people are made afraid of the consequences of incorrect dating is to avoid repressive measures by the Roman government. The Babli agrees, 80a.. Rav Huna in the name of Rav: This entire Chapter is Rebbi Meїr’s71None of the rules which require a double divorce are practice except that which forbids changing the names of the parties or their places of residence. The Babli agrees implicitly by labelling the rules as R. Meir’s. except for “if he changed his or her name or the name of his or her city.” Rebbi Mana asked before Rebbi Yasa: Also “if somebody divorced his wife”72The following Chapter 9.? He said to him, not your Chapter but our Chapter73Only the rules in Chapter 8 which require a double divorce..