[86a - 46 lines; 86b - 45 lines]
1)[line 1]דאמר, "היום אי את אשתי, ולמחר את אשתי"D'AMAR, "HA'YOM IY AT ISHTI, UL'MACHAR AT ISHTI"- [a case] in which [one hands his wife a Get and] he tells her, "Today you are not my wife, but tomorrow you are my wife" [in which case he has limited the Get to be effective for only one day]. Although the conclusion of the Gemara (83b) was that in such a case the Get is effective immediately and forever, Rava wished it to be clear from the Get that such a limitation was not even attempted.
2)[line 4]אתקין רב יהודה בשטר זביני דעבדיASKIN RAV YEHUDAH B'SHTAR ZEVINEI D'AVDEI- Rav Yehudah decreed regarding bills of sale of [Nochri] slaves
3)[line 5]עבדא דנן מוצדק לעבדוAVDA DENAN MUTZDAK L'AVDO- this slave is designated for slavery [and there is no reason to doubt my right to sell him]
4)[line 5]פטיר ועטירPATIR V'ATIR- he is unassociated and removed
5a)[line 5]חרוריCHARURUI- freedom
b)[line 6]עלוליALULEI- excuses; i.e., that which others may claim that he belongs to them
c)[line 6]ערורי מלכא ומלכתאARUREI MALKA U'MALKESA- objections of kings and queens [that he may not be sold since he is sentenced to death]
6)[line 7]רשום דאיניש לא אית עלוהיRESHOM D'INISH LO IS ALOHI- a) no man's mark (such as a badge) of slavery is upon him [other than my own] (RASHI); b) according to the Girsa RESHU D'INISH LO IS ALOHI - no man holds a lien upon him
7)[line 7]מנוק' מכל מוםMENUKEH MI'KOL MUM- and he is clean of all a) serious character faults (e.g., being an armed bandit) (RASHI; see Kidushin 11a); b) physical blemishes (ARUCH)
8a)[line 8]שחין דנפיק עד טצהרSHECHIN D'NAFAK AT TITZHAR- boils that will emerge over the following a) two years (RASHI and other Rishonim); b) four years (ARUCH)
b)[line 8]חדת ועתיקCHADAS V'ATIK- both old and new [since a relapse of boils may occur within two years, and therefore their emergence within this time frame demonstrates that the disease was in existence at the time of the sale]
9)[line 8]מאי אסותיה?MAI ASUSEI?- What is the cure [for boils]?
10)[line 9]גינבראGINBERA- (O.F. jenjevre) ginger
11)[line 9]מרתכאMARTECHA- (O.F. cogilon) silver dross; a stone-like byproduct of the smelting process of silver
12)[line 9]כבריתאKABARISA- sulfur
13)[line 10]חלא דחמראCHALA D'CHAMRA- wine vinegar
14)[line 10]משחא דזיתאMISHCHA D'ZEISA- olive oil
15)[line 10]נטפיק חיוראNATPIK CHIVRA- white naphtha
16)[line 11]שייפי ליה בגדפא דאווזאSHAIFI LEI B'GADFA D'AVZA- apply it with a goose feather
17)[line 12]פסוליןPESULIN- are invalid [mid'Rabanan, although they are valid mid'Oraisa]
18)[line 12]הוולדHA'VLAD- the children [born to her from he whom she married based upon such a Get]
19)[line 12]כתב בכתב ידוKASAV B'CHSAV YADO- if he wrote it in his own handwriting [in which case he has fulfilled that which he must write it (Devarim 24:1), and witnesses are unnecessary mid'Oraisa]
20)[line 14]זמןZMAN- the date
21)[line 17]גובה מנכסים משועבדיםGOVAH MI'NECHASIM MESHUBADIM- she may collect [the value of her Kesuvah (see Background to 79:41) using the Get as proof of her divorce (see Mishnah, Kesuvos 88b) even] from property sold [by her husband after she received the Get]
22)[line 18]אין העדים חותמים על הגט אלא מפני תיקון העולםEIN HA'EDIM CHOSMIM AL HA'GET ELA MIPNEI TIKUN HA'OLAM - witnesses sign a Get only for "communal benefit" [for the witnesses to the transfer of a document determine its validity] (EDEI MESIRAH KARSEI / EDEI CHASIMAH KARSEI)
(a)Rebbi Meir and Rebbi Elazar disagree as to which witnesses validate a Get (bill of divorce). Rebbi Elazar rules that "Edei Mesirah Karsei" - "the witnesses who observe the transfer of the document sever [the marriage]." Rebbi Meir maintains that "Edei Chasimah Karsei" - "the witnesses who sign the document sever [the marriage]." The term "sever" refers to the word used by the Torah to refer to a divorce (Devarim 24.1).
(b)The Torah requires that a Get be written Lishmah - with the express intent of using it to divorce the woman mentioned therein (20b). Rebbi Elazar maintains that witnesses are not required to sign the Get at all mid'Oraisa. Mid'Rabanan, witnesses must sign due to "Tikun ha'Olam" - communal benefit" - so that one can validate a Get whose Edei Mesirah are dead or elsewhere through the recognition of the signatures (see Background to 81:59). Therefore, the requirement of Lishmah applies to the parts of the Get that refer specifically to that divorce (the "Toref"). Rebbi Meir maintains that the requirement of Lishmah applies to the signatures of the witnesses; the body of the Get need not be written Lishmah at all.
(c)Although this Machlokes specifically refers to Gitin, it applies equally to all documents.
23)[line 20]גט ישןGET YASHAN - An Old Bill of Divorce
(a)Beis Shamai and Beis Hillel disagree in a case on which one writes a Get (divorce document), intending to give it to his wife, but secludes himself with her before doing so. Beis Hillel prohibit the use of such a Get. They are concerned that if a child is conceived after the date written on the Get, it will be assumed that he was conceived out of wedlock. Beis Shamai do not consider this possibility to be a cause for concern (Mishnah and Gemara, Gitin 79b).
(b)Our Gemara refers to the opinion of Beis Hillel.
24)[line 20]לא תצאLO TETZEI- she need not leave [her second marriage]
25)[line 21]למ"ד הכא תצא... למ"ד הכא לא תצאL'MAN D'AMAR HACHA TETZEI... L'MAN D'AMAR HACHA LO TETZEI- The Gemara (86b) records a Machlokes regarding whether after getting married with one of the three Gitin described by our Mishnah she must get divorced if she has no children.
26)[line 22]התם תינשא לכתחילהHASAM TINASEI L'CHATCHILAH- The Gemara (79b) records two opinions regarding a Get Yashan in the name of Rebbi Aba in the name of Shmuel. One maintains that she may get married l'Chatchilah if she was divorced with such a Get; the other maintains that she may not, but that she need not get divorced if she did so. The RITVA explains our Gemara to mean that those who understand that she must get divorced in our Mishnah may explain that the reason why the case of Get Yashan was left out is because in such a case she need not get divorced, whereas those who maintain that in the cases of our Mishnah she need not get divorced must hold that a woman who is divorced with a Get Yashan may get married l'Chatchilah.
27)[line 23]גט קרחGET KERE'ACH - A Bald Get
(a)One who wishes to divorce his wife must present her with a "Sefer Kerisus" (lit. document of severance) (Devarim 24:1). In the language of Chazal, this document is called a Get (pl. Gitin).
(b)A standard Get is written upon a piece of parchment (or any other surface that will last and is not growing from the ground). After the body of the Get is written, witnesses sign below the text. This is termed a "Get Pashut." Pashut in this context means that it is unfolded.
(c)Chazal instituted a different form of Get for hot-tempered Kohanim. Since a Kohen may not marry a divorcee - even his own - the Chachamim were concerned that he may rashly divorce his wife and then regret having done so, with no recourse. They therefore decreed that he write a Get Mekushar (lit. a tied Get), which is written in a deliberately cumbersome manner. After leaving a blank line, one or two lines of the body of the Get are written. The blank parchment is then folded over the writing and the fold is sewn in place. One witness signs on the fold. Subsequently the Get is turned back over and another couple of lines are written. This process is repeated at least twice more until it is written entirely, sewn into a packet, and there are as many witnesses as folds. This time-consuming process gives the Kohen a chance to calm down and reconsider his decision.
(d)A Get Kere'ach (lit. a bald Get) is a Get Mekushar that has fewer witnesses then folds. Our Mishnah discusses one who married a woman based upon her divorce from her previous husband with a Get Kere'ach.
28)[line 24]ממזרMAMZER - Illegitimate Offspring
(a)A Mamzer/Mamzeres is the child of a union prohibited by the Torah. Not all unions prohibited by the Torah result in a Mamzer. Rebbi Yehoshua rules that a Mamzer is born only from those unions punishable by Misas Beis Din (the death penalty). Rebbi Shimon ha'Timni maintains that a Mamzer results from even those unions punishable by Kares (see Background to 55:42). According to Rebbi Akiva, even those unions prohibited by a negative commandment (a Lav) produce a Mamzer (Mishnah, Yevamos 49a). Within the opinion of Rebbi Akiva, there are those Tana'im who insist that he includes only those Lavim which prohibit incestuous relationships (ibid.), those who maintain that it includes all Lavim, and those who assert that even those unions prohibited by a positive commandment (an Asei) produce a Mamzer (with the exception of a Kohen Gadol who has relations with a non-virgin; Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni (Yevamos ibid.).
(b)A Jew or Jewess of unsullied lineage may not marry a Mamzer/Mamzeres (Devarim 23:3). Mamzerim may, however, marry each other as well as converts (MISHNAH Kidushin 69a). Whether or not a possible (Safek) Mamzer/Mamzeres may marry each other or Jews of unsullied lineage is the subject of both Tana'ic and Amora'ic dispute (see Yevamos 37a and Kidushin 73a, 74a).
(c)Since a Get Kere'ach with at least two valid witnesses is valid mid'Oraisa, most Rishonim explain that even Rebbi Meir agrees that the children born from a marriage based upon it are Mamzerim only mid'Rabanan. A Mamzer mid'Rabanan is prohibited from marrying a Mamzeres mid'Oraisa. RASHI maintains that all Mamzerim that result from a marriage that was written incorrectly according to Rebbi Meir are Mamzerim mid'Oraisa (see Rashi's comments to the Mishnah that begins on the bottom of 79b).
29)[line 25]כל המשנה ממטבע שטבעו חכמים בגיטיןKOL HA'MESHANEH MI'MATBE'A SHE'TAV'U CHACHAMIM B'GITIN- whomever deviates from the form decreed by the Chachamim with regard to [writing] Gitin
30)[line 29]מקושרMEKUSHAR- see above, entry #27
31)[line 30]שלום מלכותSHELOM MALCHUS- [a Get dated according to the reign of a monarch other than the one who rules over the empire in which it is written, which is invalid mid'Rabanan since it may lead to a lack of] peaceful relations with the [host] empire (79b)
32a)[line 35]מנינא דרישאMINYANA D'REISHA- the first count [of the Mishnah (i.e., when the Mishnah begins by stating that there are three Gitin that are invalid mid'Rabanan)]
b)[line 36]מנינא דסיפאMINYANA D'SEIFA- the second count [of the Mishnah (i.e., when the Mishnah ends its list by stating that these are the three Gitin that are invalid mid'Rabanan)]
33)[line 37]הני דאמרןHANEI D'AMARAN- those cases that we mentioned (namely, Get Yashan, Get Kere'ach, and Shelom Malchus)
34)[line 37]למעוטי הא דתניאL'ME'UTEI HA D'TANAYA- to exclude that [case] that we learned in a Beraisa; i.e., to iterate that even in the following case Rebbi Meir maintains that the child will be a Mamzer
35)[line 38]המביא גט ממדינת היםHA'MEVI GET MI'MEDINAS HA'YAM - One Who brings a Get from Outside of Chutz La'Aretz into Eretz Yisrael
(a)A marriage can be dissolved in one of two ways. One is through the death of either spouse. The other is through the presentation of a "Sefer Kerisus" (lit. document of severance) by the husband to his wife. This document must be placed into her possession (v'Nasan b'Yadah") in the presence of two witnesses (Devarim 24:1). In the language of Chazal, this document is called a Get (pl. Gitin).
(b)A husband need not hand the Get directly to his wife. He may appoint a Shali'ach (agent) to bring the Get to her and deliver it in his stead. Such a Shali'ach is termed a "Shali'ach l'Holachah." A woman may also appoint a "Shali'ach l'Kabalah" to receive a Get from her husband (or his Shali'ach). In the case of a Shali'ach l'Kabalah, she becomes divorced as soon as the Shali'ach receives the Get. She may also appoint a Shali'ach to receive the Get for the purpose of bringing it to her. Such a "Shali'ach l'Hava'ah" does not act as her agent; she will not be divorced until she receives the Get from the Shali'ach l'Hava'ah.
(c)Chazal instituted that a Shali'ach l'Holachah who brings a Get from Chutz la'Aretz into Eretz Yisrael must state "b'Fanai Nichtav uv'Fanai Nechtam" - "It was written and signed in front of me." This is because those who recognize the signatures are not readily available in Eretz Yisrael to uphold the Get (see Background to 81:59) should the husband claim it is forged. Rabah maintains that an additional reason is that we suspect that the Get was not written properly (see beginning of the Maseches).
36)[line 39]בפני נכתב ובפני נחתםB'FANAI NICHTAV UF'FANAI NECHTAM- "It was written and signed in front of me"; see previous entry
37)[line 41]יטלנו הימנהYITLENU HEIMENAH- he should take it [back] from her
38)[line 43]כתב ידו שנינוKSAV YADO SHANINU- [the case that] we learned [in our Mishnah is one in which the husband] himself wrote [the Get]
39)[line 44]אהייא?A'HAYA?- to which [of the cases discussed in our Mishnah does Rav refer]?
40)[line 45]הרי יש עליו עדים!HAREI YESH ALAV EDIM!- there are [two valid] witnesses [signed] upon it [and it therefore does not matter if it was not written by the husband]!
86b----------------------------------------86b
41)[line 2]אפילו כתב סופר ועדAFILU KSAV SOFER V'ED- even if a scribe wrote it and there is one witness [it is a valid Get, since the scribe functions as a witness through his writing even when he does not sign]
42)[line 3]התם תינשא לכתחילהHASAM TINASEI L'CHATCHILAH- there (Mishnah, 87b) [the Halachah is that] she is permitted to marry [based upon such a Get, and circumstances must therefore be totally different (see 88a)]
43a)[line 4]הא בספרא דמובהקHA B'SAFRA D'MUVHAK- that [which the Mishnah on 87b rules that she is permitted to marry based upon such a Get is] in a case in which the scribe is well-versed [in the Halachos of Gitin, in which case he would not have written the Get had the husband not expressly told him to do so]
b)[line 5]והא בספרא דלא מובהקV'HA B'SAFRA D'LO MUVHAK- that [which our Mishnah teaches that she may not marry based upon such a Get is] in a case in which the scribe is not well-versed [in the Halachos of Gitin, in which case he may have written the Get even when the husband had not expressly told him to do so]
44)[line 7]הרי יש עליו עדיםHAREI YESH ALAV EDIM!- Rebbi Elazar assumed that Rebbi Yochanan was quanlifying the middle of the three cases discussed in our Mishnah and he therefore raised the objection that the Gemara itself raised on 86a.
45)[line 8]זימניןZIMNIN- sometimes
46)[line 9]יש לה בנים, לא תצאYESH LAH BANIM, LO TETZEI- if she has children [from her second marriage], she need not get divorced [since then people will incorrectly assume that her children are illegitimate]
47)[line 10]כולןKULAN- all of those [woman who are forbidden to the Yavam to whom they fall (see next entry), whose co-wives are permitted to marry another without requiring either Yibum or Chalitzah]. The Mishnayos (Yevamos 1:1-3) list fifteen woman who are forbidden to their Yevamim to the degree that not only they, but even their co-wives, are exempt from both Yibum and Chalitzah if he is the only Yavam (see Yevamos 3b, 8a). These woman are: his daughter, his daughter's daughter, his son's daughter, his wife's daughter, his wife's son's daughter, his wife's daughter's daughter, his mother-in-law, his mother-in-law's mother, his father-in-law's mother, his half-sister from his mother's side, his mother's sister, his wife's sister, the widow of his half-brother on his mother's side, the widow of his brother who died before he was born, and his daughter-in-law.
48)[line 11]חולצות ולא מתיבמותCHOLTZOS V'LO MISYABMOS (YIBUM / CHALITZAH)
(a)Should a married man die without children, his widow is not then free to marry whomever she pleases. The brothers of her deceased husband have a Mitzvah to perform Yibum (levirate marriage); that is, they are obligated to marry her (Devarim 25:5-10). If the deceased has more than one brother, the oldest brother is offered the Mitzvah of Yibum first (Yevamos 24a).
(b)If the brother(s) does not wish to carry out this Mitzvah, he must perform Chalitzah. This is a procedure in Beis Din which dissolves the ties binding the widow to her brother(s)-in-law (known as "Zikah"), thus allowing her to marry anyone else. One of the brothers must appear together with his widowed sister-in-law before a Beis Din of three and state, "I do not wish to marry her." His sister-in-law then approaches him, removes his right sandal, and spits on the ground in front of him. She then declares, "This is what shall be done to the man who will not build his brother's family." After this she is free to marry whomever she wants.
49)[line 12]קידושיןKIDUSHIN- [money or a document that is intended to effect a] betrothal (see Background to 81:25)
50)[line 14]הרי זה ספק גירושיןHAREI ZEH SAFEK GEIRUSHIN- The three cases of our Mishnah, described here, are not the typical case of a doubtful divorce. Rather, it is clear that the Get is valid mid'Oraisa and invalid mid'Rabanan. Therefore she must proceed as if it was only possible that the Get had been valid - namely, she may not perform Yibum since she is divorced mid'Oraisa, but she must perform Chalitzah since she should not rely on the Get mid'Rabanan.
51)[line 14]צרתה אתיא ליבומי!TZARASAH ASYA L'YEVUMEI!- the [former] co-wife of she who is forbidden to the Yavam may come to perform Yibum [since she will assume that that which her former co-wife may remain married to her second husband proves that she was indeed divorced in a valid manner]!
52)[line 15]תתיבם ואין בכך כלוםTISYABEM V'EIN B'CHACH KLUM- she can perform Yibum and there is no reason for concern; i.e., the possibility of such an occurrence is not enough to give rise to a decree requiring all women who marry based upon such Gitin to leave their husbands even when they have children who may be affected adversely
53)[line 17]קרצית שבעמירKARATZIS SHEB'AMIR- a large flying insect (most probably a type of locust) [that is commonly found] among the sheaves
54)[line 17]אינה פוסלת במי חטאתEINAH POSELES B'MEI CHATAS - does not disqualify Parah Adumah water [used in the purification of one who became Tamei from a corpse] (MEI CHATAS)
(a)A Parah Adumah (also referred to as a Paras Chatas) is a red cow; if there are as many as two hairs of any other color it is not a Parah Adumah (see Maseches Parah 2:5). Only a cow that has never had a yoke placed upon it nor performed any other work is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim (also known as Har ha'Mishchah; "Mishchah" means oil), opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. Its carcass is then burned. A cedar branch, some Ezov (hyssop) branches, and a length of combed wool dyed crimson are thrown into the carcass of the cow as it is burning (Bamidbar 19:1-22).
(b)Should a person or utensil become Tamei by touching a Mes or being in the same room as a Mes (or a part of a Mes which is Metamei b'Ohel), he/it must wait seven days before he/it is able to immerse in a Mikvah in order to become Tahor. On the third and seventh days, Mei Chatas is sprinkled on the person or utensil. Mei Chatas is a mixture of ashes of a Parah Adumah and spring water. A person who is Tahor dips three bound Ezov branches into the mixture, using them to sprinkle Mei Chatas upon the person or utensil which is Tamei. After this process is complete, the person or utensil is immersed in a Mikvah. Once night falls, the purification process is complete (Bamidbar 19:17-19).
(c)The Torah states that Mei Chatas should be guarded (Bamidbar 19:9). Chazal interpret this to mean that no work, such as placing an item into the mixture and measuring how high it rises, may be performed with Mei Chatas. Furthermore, one may not actively divert his intention from using the mixture as Mei Chatas at any time. Rav Chalafta taught that if a Karatzis drinks from Mei Chatas, this does not invalidate the Mei Chatas.
55)[line 18]דידבתא דביני כיפיDIDVASA D'VEINEI KEIFEI- a large flying insect (most probably a type of locust; see RASHI) [that is commonly found] among the sheaves
56)[line 19]מוצצתMOTZETZES- [a dove] sucks [water without allowing any drops to return to the utensil from which it drinks]
57)[line 20]לא פסיקא ליהLO PESIKA LEI- it was not clear-cut [enough] to him [to record it in the Mishnah]
58)[line 20]קטנה פסלהKETANAH PASLAH- a small [Karatzis] does invalidate [Mei Chatas, since it is not mature enough to suck without allowing some of the water to return]
59)[line 20]עד כמה?AD KAMAH?- until how much?; i.e., at what size is a Karatzis large enough to drink from Mei Chatas without invalidating it?
60)[line 23]הא קתני, "וגובה מנכסים משועבדים"!HA KA'TANI, "V'GOVEH MI'NECHASIM MESHUBADIM"!- we have learned [in our Mishnah], "and she may collect [the value of her Kesuvah using the Get as proof of her divorce even] from property sold [by her husband after she received the Get]" [which clearly indicates that according to Rebbi Elazar, Edei Mesirah validate a document to be effective for monetary purposes as well]!
61)[line 26]ריח הגטREI'ACH HA'GET - The Scent of a Get
(a)One who wishes to divorce his wife must present her with a "Sefer Kerisus" (lit. document of severance) (Devarim 24:1). In the language of Chazal, this document is called a Get (pl. Gitin).
(b)The main body of a Get consists of the words "Harei At Muteres l'Chol Adam" - "You are hereby permitted to [marry] whomever you wish." It must also contain the full names of both husband and wife (i.e., their first names along with those of their fathers), their places of residence (or birthplace, according to some), the location of the writing of the Get, and the date. If any of these details is missing or incorrect, then the Get is invalid (34b, Yevamos 91b).
(c)Should one gives his wife a Get with the stipulation that - while she is divorced from him - she is not permitted to marry another, the Get is invalid and she is still married to him. However, the giving of such a Get does accomplish one thing. If he dies before giving her another Get, she is forbidden to marry a Kohen, who may not marry a divorcee (Vayikra 21:7). This is termed "Rei'ach ha'Get" (see 82b).
(d)Rebbi Yanai appears to say that the Halachah is that a Get without signatories does not even prohibit her from marrying a Kohen should her husband die at that point.
62)[line 30]אדהכיAD'HACHI- meanwhile; i.e., before Mari bar Mar asked Rav Huna
63)[line 30]נח נפשיהNACH NAFSHEI- lit. his soul rested; i.e., he passed away
64)[line 32]רבותינו הבקיאין בדבר הלכהRABOSEINU HA'BEKI'IN BI'DVAR HALACHAH- our teachers who are expert in Halachic matters; as the Gemara goes on to make clear, this refers to Rav Chama bar Gurya
65)[line 32]רבינוRABEINU- our teacher; this refers to Rav
66)[line 36]כי אתא רביןKI ASA RAVIN- when Ravin came [from Eretz Yisrael]
67)[line 37]שני גיטין שויןSHNEI GITIN SHAVIN- two equal Gitin [in which both the husbands and the wives shared identical names]
68)[line 37]נתערבוNIS'ARVU- they were mixed up
69)[line 38]השני בטלHA'SHENI BATEL- the second Get is worthless [since it is impossible to determine for whom it was written]
70)[line 38]כתבו כללKASVU KLAL- who wrote communally
71)[line 39]ינתןYINASEN- [the Get] should be given
72)[line 40]טופסTOFES- the generic parts of the text of a Get (see Background to 85:46:a)
73)[line 40]את שהעדים ניקרין עמוES SHEHA'EDIM NIKARIN IMO- that which the witnesses are read together with; i.e., the bottom Get
74)[line 41]מאן תנא?MAN TANA?- who is the author of our Mishnah [who allows a woman to be divorced when she is given two Gitin - one of which is her Get - when it is unknown through which she is divorced]?
75)[line 42]עדי מסירה כרתיEDEI MESIRAH KARTEI- see above, entry #22.
76)[line 43]כתיבה לשמהKESIVAH LISHMAH- that which a Get must be written with the express intent of using it to divorce the woman mentioned therein (20b; see above, entry #22)