Yerushalmi Ketubot 7:8 ירושלמי כתובות ז׳:ח׳

MISHNAH: If a man developed defects, one does not force him to divorce¹⁴⁵If the wife claims that she cannot live with such a man.. Rabban Simeon ben Gamliel said, when has this been said? For minor defects. But for major defects one forces him to divorce.

HALAKHAH: “If a man developed defects,” etc. Rav Jehudah in the name of Rav: So is the Mishnah, “if he had.¹⁴⁷In the Babli, 77a, Rav Jehudah reads that the defect “developed (after the marriage)” and Rav’s son Ḥiyya reads “was (in existence at the time of marriage)”.” But if they developed newly, one forces him to divorce¹⁴⁸This is Rav Jehudah’s conclusion.. Rebbi Abba bar Cahana in the name of Rebbi Joḥanan: Practice follows Rabban Simeon ben Gamliel¹⁴⁹In the Babli, this is a statement of R. Abba bar Jacob in the name of R. Joḥanan, it is rejected by the Babylonian Amoraïm.. There came a case before Rebbi Jeremiah about a kopeaḥ¹⁵⁰This is mentioned in Mishnah Bekhorot 7:6 as כיפח (in the Maimonides tradition of the Mishnah and oriental mss. of the Babli collected by R. Beṣalel Ashkenazi) or קיפח. According to Rashi (Bekhorot 45b), he is overly tall but has soft bones so that he cannot walk straight. R. Beṣalel Ashkenazi (Bekhorot 45b, Note י) quotes one opinion that he is an epileptic., and he forced him¹⁵¹To divorce his wife upon her demand.. It turns out that following Rav¹⁵²I. e., in Rav’s interpretation of the anonymous Tanna in the Mishnah. if he did not become so, following Rabban Simeon ben Gamliel if he became so. Rebbi Ze‘ira said, Rabban Simeon ben Gamliel follows Rebbi Meïr. Which [statement of] Rebbi Meïr? The former or the later¹⁵³The former statement is in Mishnah 9, that one assumes that the defect occured at the place it was detected. The later statement is that of Mishnah 11: a woman may claim that she married because she thought she could stand to live with a man having such a defect but she recognizes now that this is impossible for her.? If the former, until she made a condition¹⁵⁴If the reference were to Mishnah 9, one would require the woman to stipulate before the marriage that the man be free of defects. In that case, everybody agrees that she can force a divorce.. If the later, even if he made a condition it is nothing¹⁵⁵If he divulged his defect to his fiancee before the marriage, R. Meïr still will not force the woman to stay married if she finds the experience intolerable.. But this Mishnah turns out following Rabban Simeon ben Gamliel¹⁵⁶The entire Mishnah 10 is Rabban Simeon ben Gamliel’s. (One usually reads Mishnaiot containing a statement “when has this been said” to be the text of the person who explains). Since he makes a distinction between small and large defects, he must speak of newly developed defects.; does “the following one forces to divorce” [follows] the rabbis¹⁵⁷Does Mishnah 11 follow the rabbis in Rav’s interpretation, dealing with pre-existing conditons?? Let us hear from the following¹⁵⁸Tosephta 7:9, Babli 77a; the language of the Tosephta is closer to the Yerushalmi.: “Rabban Simeon ben Gamliel says, if it was a major defect, e. g., blind in one eye, amputated of one of his hands, lame in one of his legs, immediately he shall divorce and pay the ketubah.” This Mishnah turns out following Rabban Simeon ben Gamliel¹⁵⁶The entire Mishnah 10 is Rabban Simeon ben Gamliel’s. (One usually reads Mishnaiot containing a statement “when has this been said” to be the text of the person who explains). Since he makes a distinction between small and large defects, he must speak of newly developed defects.; “the following one forces to divorce” [follows] the rabbis¹⁵⁹Since the defects mentioned in the Mishnah are not on Rabban Simeon ben Gamliel’s list..