Parallel
כתובות 73:1
Soncino English Talmud · Berean Standard Bible
It must not be suggested that Rab's reason is that, because the man has married her without attaching any conditions, he has entirely dispensed with his former condition. Rab's reason rather is that no man treats his intercourse as a mere act of prostitution. Surely they once disputed on such a principle. For it was stated: Where [an orphan] minor who did not exercise her right of mi'un and who, when she came of age, left [her husband] and married [another man], Rab ruled: She requires no letter of divorce from her second husband, and Samuel ruled: She requires a letter of divorce from her second husband! — [Both disputes were] necessary. For if the latter only had been stated, it might have been assumed that Rab adhered to his opinion in that case only because no condition was attached [to the betrothal], but that in the former case, where a condition was attached [to the betrothal], he agrees with Samuel. And if the former case only had been stated, it might have been assumed that in that case only did Samuel maintain his view but that in the latter he agrees with Rab. [Hence both were] required. We have learned: IF HE MARRIED HER WITHOUT MAKING ANY CONDITION AND SHE WAS FOUND TO BE UNDER A VOW, SHE MAY BE DIVORCED WITHOUT RECEIVING HER KETHUBAH [which implies that] it is only her kethubah that she cannot claim but that she nevertheless requires a letter of divorce. Now does not this refer to one who has betrothed a woman on condition [that she was under no vow] and married her without making any condition? This then represents an objection against Samuel!
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