12th CYCLE DEDICATION
GITIN 46 (25 Av) - Dedicated by Mrs. G. Kornfeld for the eighth Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), an exceptional woman with an iron will who loved and respected the study of Torah.

1)

DIVORCE DUE TO ILL REPUTE

(a)

(Gemara - Rav Yosef bar Minyomi) Version #1: He may not remarry her only if he told her 'I divorce you because of your ill repute' or '...because of the vow'.

1.

He holds that the reason is lest she get ruined. (After she remarries, he will say 'I would not have divorced you had I known that the ill repute was unfounded' or '... that the vow could have been permitted. Your Get is Pasul.')

2.

He can ruin her only if when he divorced her, he told her the reason.

(b)

Version #2: He must tell his wife that he divorces her due to her ill repute or the vow.

1.

He holds that the Isur to remarry is to discourage Benos Yisrael from looseness about Arayos (sexual immorality) and vows.

(c)

Support (for Version #1 - Beraisa - R. Meir): One who divorces his wife due to her ill repute may never remarry her, lest she marry another man, and it will become clear that she was innocent. He will say 'had I known this, I would not have divorced her, even to receive 100 Maneh (a fortune)!'

1.

Therefore, we tell him that he can never remarry her. (If he still divorces her, it is clear that he has no desire to keep her.)

(d)

Support (for Version #2 - Beraisa - R. Elazar b'Rebbi Yosi): One who divorces his wife because of ill repute or a vow must tell her so at the time of divorce.

1.

The Isur to remarry is to discourage Benos Yisrael from looseness about Arayos and vows. Therefore, he must tell her.

2)

WHICH VOWS CAN BE PERMITTED

(a)

(Mishnah): R. Yehudah says, if many knew about the vow, he may not remarry her. If not, he may.

(b)

(R. Yehoshua ben Levi): R. Yehudah learns from "Bnei Yisrael did not kill (the Giv'onim) because the heads of the tribes had sworn to them." (Because they swore in public, they could not permit the oath.)

1.

Chachamim hold that the oath did not take effect at all, since they were deceived. The Giv'onim said that they came from a distant land, and this was false;

2.

They did not kill them due to the Kedushah of Hash-m's name (lest people say that they transgressed their oath).

(c)

Question: What is considered many people (knowing about the vow)?

(d)

Answer #1 (Rav Nachman): It is three.

(e)

Answer #2 (R. Yitzchak): It is 10.

1.

Rav Nachman learns from "many days" (in the Parshah of a woman who sees Zivah, i.e. post-menstrual bleeding). "Days" teaches two. "Many" teaches a third day;

2.

R. Yitzchak learns from "Edah (congregation)" mentioned regarding the oath of the heads of the tribes. An Edah is at least 10 (we learn from the Edah of wicked Meraglim. There were 10 of them.)

(f)

(Mishnah): R. Meir says, if the vow required a Chacham...

(g)

(Beraisa - R. Elazar): We were stringent about a vow that requires a Chacham only due to a vow that does not require a Chacham.

(h)

Question: What do they argue about?

(i)

Answer: R. Meir holds that a man does not mind if his wife is disgraced (by needing to appear) in Beis Din. (Had he known that her vow could be permitted in Beis Din, he would not have divorced her);

(j)

R. Elazar holds that a man does not want his wife to be disgraced in Beis Din. (He would have divorced her even if he knew that her vow could be permitted in Beis Din.)

3)

WHEN HE MAY REMARRY HER

(a)

(Mishnah): R. Yosi b'Rebbi Yehudah says, a case occurred in Tzidon...

(b)

Question: What law of the Mishnah does this illustrate?

(c)

Answer: The Mishnah is abbreviated; it means as follows: the Isur to remarry applies only when he divorced her because of her vow. If he vowed, he may remarry her;

1.

R. Yosi b'Rebbi Yehudah says, a case occurred in Tzidon in which Reuven said 'if I do not divorce my wife, (something) will be forbidden like a Korban', and divorced her. Chachamim permitted him to remarry her, for Tikun ha'Olam.

46b----------------------------------------46b

2.

Question: What did he forbid?

3.

Answer (Rav Huna): He said 'all produce is forbidden to me if I do not divorce you.'

(d)

(Mishnah): Chachamim permitted him to remarry her...

(e)

Question: This is obvious! (There is no concern!)

(f)

Answer: One might have thought that we should decree due to R. Nasan:

1.

(Beraisa - R. Nasan): One who vows is like one who builds a Bamah (private Mizbe'ach, when this is forbidden). Fulfilling the vow (i.e. not permitting it) is like offering on his Bamah.

2.

The Mishnah teaches that we do not decree. (Rather, he may remarry her.)

(g)

(Mishnah): ...For Tikun ha'Olam.

(h)

Question: How does this fix things?

(i)

Answer #1 (Rav Sheshes): This phrase applies to the Reisha (when he may not remarry her).

(j)

Answer #2 (Ravina): It refers to the Seifa. It means, in this case there was no need to decree for Tikun ha'Olam.

4)

DIVORCING AN AILONIS

(a)

(Mishnah - R. Yehudah): If Reuven divorced his wife because she is an Ailonis (a female who does not develop like a normal female; she cannot conceive), he may never remarry her;

(b)

Chachamim say, he may remarry her.

(c)

R. Yehudah says, if she married someone else and had children, and demands that Reuven pay her a Kesuvah, we tell her 'it is better for you to keep quiet!'

(d)

(Gemara) Inference: R. Yehudah is concerned for her ruin, and Chachamim are not.

(e)

Contradiction (Mishnah): If Reuven divorced his wife due to her ill repute, or because of a vow, he may never remarry her;

1.

R. Yehudah says, if many knew about the vow, he may not remarry her. If not, he may.

2.

This shows that Chachamim are concerned, and R. Yehudah is not!

(f)

Answer #1 (Shmuel): The opinions in our Mishnah should be switched.

1.

Question (Seifa - R. Yehudah): If she married David and had children from him and demands that Reuven pay her a Kesuvah, we tell her 'it is better for you to keep quiet!' (If you complain, Reuven might say that your divorce was due to a mistake (really, you are not an Ailonis) and is invalid. You were forbidden to David, and your children are Mamzerim!)

i.

This shows that R. Yehudah is concerned for her ruin!

2.

Answer: That also is switched to be the words of Chachamim.

(g)

Answer #2 (Abaye): The opinions need not be switched.

1.

In the Mishnah about a vow, R. Yehudah holds like R. Meir and like R. Elazar.

2.

He holds like R. Elazar regarding a vow that needs a Chacham (a man does not want his wife to be disgraced in Beis Din), and like R. Meir regarding a vow that does not need a Chacham (her husband could have annulled it. Since he did not, this was not the reason he divorced her.)

(h)

Objection (Rava): This answers the contradiction in R. Yehudah. It does not answer for Chachamim!

(i)

Completion of Answer #2 (Rava): Chachamim in our Mishnah hold like R. Meir, who says that a Tanai is invalid unless it is doubled (if this, then...; if not, then...).

1.

The case is, he did not double the Tanai (and say 'if you are not an Ailonis, I do not divorce you'), so there is no possibility of ruin.

5)

ONE WHO SOLD HIMSELF

(a)

(Mishnah): If Reuven sold himself and his children to Nochrim, we do not redeem Reuven, but we redeem his children after he dies.

(b)

(Gemara - Rav Asi): The case is, he sold himself three times.

(c)

People of Bei Michsi used to borrow money from Nochrim. When they could not pay back, the lenders took the borrowers for slaves.

1.

Rav Huna: The Mishnah says that we do not redeem one who sells himself!

2.

R. Aba: You taught us that is only when he sold himself three times!

3.

Rav Huna: These people are used to this. (It is as if they did it three times.)

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