Soncino English Talmud
Bava Metzia
Daf 18a
what is the meaning of the term, '[She] exacts payment of all [that is due to her],' seeing that she is only entitled to a hundred or two hundred zuz [and no more]? Again, if [you will say that we derive the law] from that which R. Hiyya b. Ammi learnt: 'If the betrothed wife [of a priest dies] he [the priest] is not deemed a mourner nor is he allowed to defile himself. In similar circumstances the woman is not deemed a mourner and is not obliged to defile herself [if he dies]. [Also] if she dies he does not inherit her [property]; if he dies she exacts the payment of her Kethubah' — [it could be objected]: perhaps [this refers to a case where the betrothed man] had written her [a Kethubah]. And if you will argue: If he wrote her a Kethubah what need is there to tell us [that she may exact payment]? [I will answer]: It is necessary [to let us know that] if she dies he does not inherit her [property]! — [It must therefore be said that Abaye corrected himself because of what the Mishnah itself Says, [and he argued thus]: If you held the view that we deal here with a place where no Kethubah is [usually] written, the [production of the] bill of divorcement having [there] the same effect as [the production of] her Kethubah, [it could be refuted by the question]: Does a bill of divorcement contain [the figures] 'one hundred zuz' or 'two hundred zuz'? And if you will Say: seeing that the Rabbis have provided [that the production of the bill of divorcement entitles the woman] to exact payment it is just as if [the figures] were written in it, the objection could still be raised: Let him [the husband] plead and say, 'I have [already] paid up.' And if you will argue that we could say to him, 'If you paid you should have torn up [the bill of divorcement],' [the answer would be:] They could reply, 'She did not let me [tear it up], as she said: I wish to keep it [as evidence that I am free] to marry again.' And if you will argue [further]: 'We could say to him, You should have torn it and have written on it: This bill of divorcement has been torn by us, not because it is an invalid bill, but to prevent it being used for the purpose of exacting payment a second time,' [the answer would be:] Do all who exact payment [of a debt] exact such payment in a Court of Law? MISHNAH. IF ONE FINDS BILLS OF DIVORCEMENT OF WIVES, [DEEDS OF] LIBERATION OF SLAVES, WILLS, DEEDS OF GIFT, AND RECEIPTS, ONE SHALL NOT RETURN THEM, FOR I SAY, THEY WERE WRITTEN, BUT HE [WHO ORDERED THEM TO BE WRITTEN] CHANGED HIS MIND [AND DECIDED] NOT TO HAND THEM OVER. GEMARA. [If] the reason why [bills of divorcement are not returned] is that [we say], HE CHANGED HIS MIND [AND DECIDED] NOT TO HAND THEM OVER, then [we must assume] that if he [who lost the document] says [to those who found it], 'Give it [to the wife]', it is given [to her] even after a long time, but the following contradicts it: If one has brought a bill of divorcement [in order to deliver it on behalf of the husband] and has lost it, [the law is that] if it is found immediately it is valid, if not, it is invalid! — Rabbah said: It is no contradiction: There [the reference is] to a place where caravans pass frequently; here [in our Mishnah the reference is] to a place where caravans do not pass frequently. And even in a place where caravans pass frequently this [law only applies to a case] where two [persons called] 'Joseph ben Simeon' are known to be in the same town. For if you did not maintain this, there would be a contradiction in Rabbah's own words, [as the following incident shows:] A bill of divorcement was once found in R. Huna's court-house, and in it was written, 'At Shawire, a place [situate] by the canal Rakis.' R. Huna said:
Sefaria
Gittin 27a · Bava Metzia 20a · Yevamot 29b · Yevamot 43b · Ketubot 53a · Sanhedrin 28b · Yevamot 73a · Zevachim 100b · Kiddushin 22b · Gittin 27a
Mesoret HaShas
Bava Metzia 20a · Yevamot 29b · Yevamot 43b · Ketubot 53a · Sanhedrin 28b · Gittin 27a