Soncino English Talmud
Gittin
Daf 86a
are to rule out the formula about which Raba questioned R. Nahman, viz., if he said, 'To-day you are not my wife but to-morrow you will be my wife'. THE ESSENCE OF A DEED OF EMANCIPATION IS THE WORDS, BEHOLD YOU ARE HEREBY A FREE WOMAN, BEHOLD YOU BELONG TO YOURSELF. Rab Judah laid down the following formula for the deed of sale of a slave: 'This slave is legally adjudicated to bondage, and is absolved and dissociated from all freedom and claims and demands of the King and the Queen, and there is no mark of any [other] man upon him, and he is clear of all blemishes and from any boil that may come out within two years, whether new or old.' What is the remedy for such a boil? — Abaye said: [A mixture of] ginger and silver dross and sulphur and vinegar of wine and olive oil and white naphtha laid on with a goose's quill. MISHNAH. THE FOLLOWING THREE BILLS OF DIVORCE ARE INVALID BUT IF A WOMAN MARRIES ON THE STRENGTH OF THEM THE CHILD [BORN OF SUCH MARRIAGE] IS LEGITIMATE: [ONE.] IF THE HUSBAND WROTE IT WITH HIS OWN HAND BUT IT WAS ATTESTED BY NO WITNESSES; [A SECOND]. IF THERE ARE WITNESSES TO IT BUT NO DATE; [A THIRD,] IF IT HAS A DATE BUT THE SIGNATURE OF ONLY ONE WITNESS. THESE THREE BILLS OF DIVORCE ARE INVALID, BUT IF SHE MARRIES THE CHILD IS LEGITIMATE. R. ELEAZAR, HOWEVER, SAYS THAT EVEN THOUGH IT WAS NOT ATTESTED BY WITNESSES AT ALL, SO LONG AS HE GAVE IT TO HER IN THE PRESENCE OF WITNESSES IT IS VALID, AND ON THE STRENGTH OF IT SHE MAY RECOVER HER KETHUBAH FROM MORTGAGED PROPERTY, SINCE SIGNATURES OF WITNESSES ARE REQUIRED ON THE GET ONLY AS A SAFEGUARD. GEMARA. Are these all? Is there not also the 'old' Get? — With an 'old' Get she need not part [from her second husband], with one of these she must. This is a good answer for one who holds that with one of these she must part, but to one who holds that she need not part, what can we reply? — With an 'old' Get her marriage is permitted in the first instance, with one of these only retrospectively. But there is a 'bald' Get? — With such a Get the child born is a bastard, but here the child is legitimate. This answer is satisfactory if we adopt the view of R. Meir, (who said that wherever any alteration is made in the form prescribed by the Sages for bills of divorce, the child is a bastard). but if we accept the view of the Rabbis what reply can be made? — With a 'bald' Get she must part [from the second husband], here she need not. This is a satisfactory answer if we accept the view that here she need not part, but if we adopt the view that here also she must part, what reply can be given? — The Mishnah is not dealing with a folded Get. But there is the Get with an improper reign inserted? — There she must leave the husband, here she need not leave him. This is a good enough reason for one who holds that here she need not part, but to one who holds that she must part what answer can be made? — (There the child is a bastard, here the child is legitimate. This accords well enough with the view of R. Meir, but if we adopt the view of the Rabbis what can be said?).— We must suppose that the Mishnah follows R. Meir, so that there the child is a bastard but here it is legitimate. [Which kinds of Get] are excluded by the specific number mentioned at the beginning of the ruling, and which by the specific number mentioned at the end? — The first number excludes those we have mentioned. The second number excludes the one regarding which it has been taught: 'If a man brings a Get from abroad and gives it to the wife without saying, In my presence it was written and in my presence it was signed'. [the second husband] must put her away and the child is a bastard. This is the opinion of R. Meir. The Sages, however, say that the child is not a bastard. What should the man do? He should take it from her and give it to her again in the presence of two witnesses and say, In my presence it was written and in my presence it was signed. IF THE HUSBAND WROTE WITH HIS OWN HAND BUT IT WAS ATTESTED BY NO WITNESSES. Rab said: It is definitely stated here, WITH HIS OWN HAND. To what [was Rab referring]? Shall I say to the first clause of the ruling? Then what has he told us? It says distinctly, WITH HIS OWN HAND? [Shall I say] to the middle clause? [In this case it can hardly matter], since it is attested by witnesses? — He must refer then to the last clause, IF IT HAS A DATE BUT THE SIGNATURE OF ONLY ONE WITNESS.
Sefaria
Mesoret HaShas