[81a - 42 lines; 81b - 43 lines]

1)[line 1]זכות הראויה לשניZECHUS HA'RE'UYAH L'SHENI- her right to marry another

2)[line 2]נמלךNIMLACH- he changed his mind

3)[line 2]פסלה מן הכהונהPASLAH MIN HA'CHEHUNAH- he has invalidated her [mid'Rabanan] from marrying a Kohen [since people may think that he has remarried his divorced wife, which is forbidden for a Kohen to do mid'Oraisa (Vayikra 21:7)]

4)[line 6]קולKOL- a rumor

5)[line 7]יושבת תחתיו ומשמשתוYOSHEVES TACHTAV U'MESHAMSHASO- she is living in his house and seeing to his needs (i.e., she is still acting as his wife)

6)[line 8]תצא, והדבר צריך בדיקהTETZEI, V'HADAVAR TZARICH BEDIKAH- she should leave him, but the matter requires further investigation

7)[line 8]מאי היא?MAI HI?- what was [the reason for Shmuel's doubt]?

8)[line 9]דאי מבטלינן קלאD'IY MEVATLINAN KOLA- whether [Beis Din] quashes rumors [when possible]

9)[line 10]אתריהASREI- the place of

10)[line 11]לא מבטלי קלאLO MEVATLEI KOLA- [deliberately] do not quash rumors [so that they will not be accused of joining forces with sinners (89a)]

11)[line 11]דאי קרו לנתינה כתיבהD'IY KARU L'NESINAH KESIVAH- whether [or not the residents of that city] refer to [the] giving [of a Get] as "writing" [in which case the rumor was that she had actually been divorced]

12)[line 13]לכתיבה גופה מי לא קרו לה כתיבה?L'CHESIVAH GUFA MI LO KARI LAH KESIVAH?- do they not refer to [the] actual writing [of the Get] as "writing" [as well, in which case the rumor does not necessarily imply that she was divorced]?

13)[line 14]מיגליא מילתאMIGLAYA MILSA- the matter would be revealed

14)[line 15]דלמא נתן קאמריDILMA NASAN KA'AMREI- perhaps [those who spread the rumor] mean that he gave it [and we must therefore act stringently]

15)[line 15]תצא?TETZEI?- [how could our Mishnah teach that] she must be divorced?

16)[line 15]כל קלא דבתר נישואין לא חיישינן ליהKOL KOLA D'VASAR NISU'IN LO CHAISHINAN LEI- we disregard any rumor that surfaces after she is married [that calls her marriage into question]

17)[line 17]תצא משניTETZEI MI'SHENI- she must leave [her] second [husband, if he is a Kohen whom she married following the death of her first husband]

18)[line 17]אתה מוציא לעז על בניו של ראשוןATAH MOTZI LA'AZ AL BANAV SHEL RISHON- you are originating false rumors regarding [the status of] the children [born to her] from her first [husband, since people will assume that she was a divorcee when she was married to him in which case their offspring are Chalalim (see Background to 59:77]

19)[line 18]מפקינן להMAFKINAN LAH- lit. we take her out from; i.e., we force her to leave

20)[line 19]סמוך למיתה גרשהSAMUCH L'MISAH GIRSHAH- [her first husband must have] divorced just prior to his death

21)[line 22]ב"שBEIS SHAMAI- Beis Shamai [who was so careful that he ruled in our Mishnah that a Get written for a woman is enough to invalidate her from marrying a Kohen]

22)[line 23]שבוייה אוכלת בתרומהSHEVUYAH OCHELES B'TERUMAH- a woman who is taken captive may [still] eat Terumah [if she is unmarried and her father is a Kohen or if she is married to a Kohen, and we need not fear that she was raped - in which case she would be a Zonah (according to some opinions; see Background to 79:53) and prohibited from eating Terumah (see Yevamos 68a and Insights ibid. #2, and RASHI to Sotah 29a DH Iy Hachi)]

23)[line 25]ערביARAVI- Arabian

24)[line 25]מיעך לה בין דדיהMI'ECH LAH BEIN DADEHA- took liberties between her breasts

25)[line 29]מכניסין פירותיהןMACHNISIN PEIROSEIHEN- would bring their produce in [from the fields after harvest]

26)[line 29]טרקסמוןTERAKSEMON- an entranceway


(a)See Background to Gitin 80:1:a-e.

(b)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce from which one must separate a part. If one intentionally eats Tevel, then he receives Misah b'Yedei Shamayim (see Background to Sukah 25:25).

(c)Produce does not attain the status of Tevel until it reaches a certain point; see below, entry #29.

28)[line 31]קרפיפותKARPIFOS- enclosed storage areas located outside of the settlement

29)[line 32]אין הטבל מתחייב במעשר עד שיראה פני הביתEIN HA'TEVEL MISCHAYEV B'MA'ASER AD SHE'YIR'EH PENEI HA'BAYIS - Tevel becomes "designated" for tithing only when it sees the entrance of the house (KOVE'A L'MA'ASER)

(a)Mid'Oraisa, one is required to tithe his grain (see above, entry #27) only after he harvests it in a normal manner. This includes removing the chaff in the field, piling the grain there, and afterwards bringing it through the front door of his house (Berachos 35b). It is then Hukba l'Ma'aser (designated for tithing).

(b)If one of these steps is missing, the produce is still prohibited mid'Rabanan until Terumos and Ma'asros are separated. The Rabanan did not prohibit eating such produce, however, in an irregular fashion (Achilas Ara'i). Achilas Ara'i includes situations such as eating the produce as a snack while it is still in the field and feeding it to one's livestock. Once it is Hukba l'Ma'aser, however, one may not eat even b'Achilas Ara'i before tithes are separated.

(c)Seven actions can designate produce as Hukba l'Ma'aser:

1.Pickling it

2.Dipping it in salt

3.Heating it in order to prepare it to be eaten

4.Designating it to be eaten on Shabbos (as well as any food consumed on Shabbos)

5.Separating Terumah from it

6.Bringing it into one's yard

7.Bringing it to the market in order to sell it.

(d)Another factor involved in whether or not produce is Hukba l'Ma'aser is whether or not it has reached the stage of "Nigmerah Melachto." This refers to the point at which no more processing is necessary. Examples of this include wheat that has been winnowed and smoothed in a pile in a silo (Miru'ach) and grapes that have been pressed in order to make wine. Produce is Hukba l'Ma'aser when it arrives in one's courtyard or house (#6 above) only once it has reached the stage of Nigmerah Melachto. Whether or not this is true of the other categories listed above is a subject of discussion among Tana'im and Amora'im.

30)[line 33]"בִּעַרְתִּי הַקֹּדֶשׁ מִן הַבַּיִת...""BI'ARTI HA'KODESH MIN HA'BAYIS..."- "I have removed all that is holy from my house..." (Devarim 26:13). In this context, "all that is holy" refers to, among other things, Ma'aser; this declaration is part of Viduy Ma'asros (see Background to Yevamos 73:9). From that which the verse refers to removing Ma'aser from one's house, Rebbi Yanai derives that one is not obligated in separating Ma'aser until it arrives there.

31)[line 34]אפילו חצר קובעתAFILU CHATZER KOVA'AS- even [arrival at] a courtyard designates [produce for tithing]

32)[line 35]"[כִּי תְכַלֶּה לַעְשֵׂר אֶת כָּל מַעְשַׂר תְּבוּאָתְךָ... וְנָתַתָּה לַלֵּוִי...] וְאָכְלוּ בִשְׁעָרֶיךָ וְשָׂבֵעוּ""... V'ACHLU VI'SHE'ARECHA V'SAVE'U"- "[When you finish tithing all of the tithes of your grain... and you shall give to the Levi...] and they shall eat in your gates and be satisfied" (Devarim 26:12). Rebbi Yochanan reads the end of this verse as "And they shall eat from when it arrives in your gates...."

33)[line 36]לנה עמו בפונדקיLANAH IMO B'FUNDEKI- he spent the night with her in an inn

34)[line 37]אינה צריכה הימנו גט שני... צריכה הימנו גט שניEINAH TZERICHAH HEIMENU GET SHENI... TZERICHAH HEIMENU GET SHENI- The Gemara explains what this Machlokes is dependent upon.

35)[line 39]נשואין... אירוסיןNISU'IN... ERUSIN - Betrothal and Marriage

(a)The first stage of Halachic marriage is called Kidushin (betrothal). Kidushin can be accomplished in one of three ways:

1.Kesef - A man can be Mekadesh a woman through giving her money or anything equal in value to a Perutah (a very small coin). Upon doing so, he must proclaim, "Harei At Mekudeshes Li b'(-----) Zo" - "Behold you are betrothed to me through this (-----)."

2.Shtar - A man can be Mekadesh a woman through giving her a marriage document. This may be written upon any surface, and need not be of any specific value. The words "Harei At Mekudeshes Li bi'Shtar Zeh" must be written upon the Shtar.

3.Bi'ah - A man can be Mekadesh a woman through having relations with her. At that time, he must proclaim, "Harei At Mekudeshes Li b'Bi'ah Zo." Because Kidushin requires witnesses, the Chachamim strongly condemned anyone who uses this method of Kidushin.

(b)The Torah refers to this stage of marriage as "Erusin" (Devarim 22:23). The term "Kidushin" is used by the Rabanan in order to connote that just as everyone is prohibited to benefit from Hekdesh (an object sanctified to the service of Hash-m), through Kidushin a woman becomes prohibited to everyone in the world save her husband (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu). Although a man and women are married after Kidushin, they may not yet live together as man and wife.

(c)The second stage of Halachic marriage - the completion of the marriage - is termed Nisu'in. This is accomplished through Chupah. Chupah is never clearly described in the Gemara, and various opinion are offered by the Rishonim as to what exactly it entails (see Insights to Kesuvos 57:1). The general idea behind Chupah is that the groom brings his wife into his house. After the Chupah is performed, the marriage is complete.

36)[line 41]אין לבו גס בהEIN LIBO GAS BAH- he is not overly familiar (O.F. privez) with her [and he is therefore not suspected of having had relations with her]

37)[last line]ראוה שנבעלהRA'UHA SHE'NIV'ALAH- they saw that she had had relations


38)[line 1]אדם עושה בעילתו בעילת זנותADAM OSEH BE'ILASO BE'ILAS ZNUS- one is not necessarily assumed to limit his intimate relations to marriage

39)[line 15]עדי יחודEDEI YICHUD- witnesses to their seclusion

40)[line 16]הן הן עדי יחוד והן הן עדי ביאהHEN HEN EDEI YICHUD (V')HEN HEN EDEI BI'AH- witnesses to seclusion are tantamount to witnesses to relations [with intent to betroth]

41)[line 20]הלכה כסתם משנהHALACHAH KI'STAM MISHNAH - The Halachah Follows an Anonymously Authored Mishnah

(a)Certain Amora'im - among them Rebbi Yochanan - maintain that the Halachah follows any Mishnah whose teaching is recorded anonymously. The reason for this is that Rebbi, who systematically organized the Mishnayos, deliberately avoided specific authorship when he agreed with an opinion so that it would appear as the consensus opinion. Since Rebbi - the last of the Tana'im - favored that opinion, it is accepted as Halachah.

42)[line 21]אמוראי נינהו ואליבא דרבי יוחנןAMORA'EI NINHU V'ALIBA D'REBBI YOCHANAN- it is the subject of a disagreement between Amora'im as to [whether] the opinion of Rebbi Yochanan is [that the Halachah always follows a Stam Mishnah or whether he maintains that the Machlokes between Beis Shamai and Beis Hillel is in a case in which she was witnessed to have had relations, which contradicts our Stam Mishnah]

43)[line 21]כנתהKANSAH- if he married her

44)[line 21]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.

45)[line 21]תצא מזה ומזהTETZEI MI'ZEH UMI'ZEH- she must leave [the marriage] of [both her original husband] and [he whom she has subsequently "married"]

46)[line 22]כל הדרכים האלו בהKOL HA'DERACHIM HA'ELU BAH- all of these measures [described in the previous Mishnah that apply in the case wherein she remarried based upon an invalid get] apply to her

47)[line 22]הכל משלימין עליוHA'KOL MASHLIMIN ALAV- anyone may sign on [the folds from the third fold and on, even if they are disqualified from serving as witnesses under regular circumstances]

48)[line 23]קרוביםKEROVIM- relatives

49)[line 24]קשריו מרובין מעדיוKESHARAV MERUBIN ME'EDAV- its folds (lit. ties) are more numerous than its witnesses

50)[line 24]כולכםKULCHEM- [a case in which the husband instructed] "all of you" [to sign, in which case the Get is invalid unless all of the witnesses sign]

51)[line 26]לאסוקיה ליוחסיןL'ASUKEI L'YUCHASIN- to elevate him to the status of one who is of unsullied lineage [and allow him to marry a Jewess]

52)[line 29]שחרורי שחרריהSHICHRUREI SHICHREREI- he was freed [by his master, thereby giving him the status of a convert]

53)[line 29]תשובה עבדTESHUVAH AVAD- he repented

54)[line 34]כל שלשה במקושר כשנים בפשוט דמיKOL SHELOSHAH B'MEKUSHAR K'SHENYIM B'PASHUT DAMI- three witnesses signed upon a Get Mekushar (see above, entry 14:b) have the status of two witnesses signed upon a regular Get [since they are required]

55)[line 37]הנחHANACH- lit. leave; i.e., don't ask question regarding

56)[line 40]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 with two qualified witnesses signed upon it is valid mid'Oraisa, even Rebbi Akiva agrees that the children born from her second marriage are Mamzerim only mid'Rabanan. A Mamzer mid'Rabanan is prohibited from marrying a Mamzeres mid'Oraisa.

57)[line 41]מתני כשרMASNI KASHER- taught [that that the third witness signed upon a Get Mekushar must be] a fully qualified witness

58)[line 41]תניTENI- teach [in the Beraisa]; i.e., change the Girsa

59)[last line]אתי לקיומי בתרי קרובים וחד כשרASI L'KEYUMEI B'TREI KEROVIM V'CHAD KASHER - he may come to ratify the document based on two relatives and [only] one valid witness (KIYUM SHETAROS)

(a)By Torah law, any Shtar (contract) or Get (divorce document) properly written and signed by valid witnesses is unassailably valid. However, out of concern for forgeries, the Chachamim decreed that one affected by a document may insist that it be Mekuyam (validated). This can be accomplished in one of three ways:

1.The signed witnesses themselves attest to the validity of their signatures;

2.Each signature is validated by two others who recognize it;

3.The signatures are matched to those on previously validated documents.

(b)Rebbi Yochanan explains that if there are more than one relative signed upon a Get Mekushar, Beis Din may ratify it through two relatives and only one valid witness without realizing that two of the three are disqualified. In such a case the Get has not been ratified according to Halachah.

60)[last line]מתניתא נמי דיקאMASNISA NAMI DEIKA- this point is also implicit in the Beraisa