Soncino English Talmud
Gittin
Daf 89b
to one of the sons of a certain man. Raba thereupon said: Even those authorities who hold that we should not as a rule suppress a report would advise that here we should suppress it, as people will only say that the Rabbis examined her engagement and found that it was contracted by a minor. A certain woman was reported to have become engaged to a minor who looked like an adult. In connection with this R. Mordecai said to R. Ashi: In a similar case which occurred, they said that he had not yet attained to 'the divisions of Reuben', referring to the verse, Among the divisions of Reuben there were great searchings of heart. PROVIDED THE REPORT HAS NO QUALIFICATION. Rabbah b. R. Huna said: The 'qualification' they had in mind might be made ten days later. R. Zebid said: If there is room for a qualification, we suspect a qualification. R. Papa raised to R. Zebid an objection from the following: PROVIDED THE REPORT HAS NO QUALIFICATION? — He replied: It means, provided there is no room for a qualification. Said R. Kahana to R. Papa: Do you not concur with this, seeing that we have learnt, 'If a woman [who heard from one witness that her husband had died] became betrothed and then her husband turned up, she is allowed to return to him'. Now is not the reason [for disregarding the report] because we say that the second betrothed her conditionally? — There is a special reason there, namely that the husband challenges the betrothal. If that is the case, then why cannot she return to him even if she married the second? — By marrying she committed an offence and therefore the Rabbis penalised her, but in becoming betrothed she committed no offence and therefore the Rabbis did not penalise her. R. Ashi said: A report which has not been confirmed in the Beth din is no report. R. Ashi further said: We pay no heed to reports spread after marriage. This implies that we do pay heed to reports spread after betrothal? — R. Habiba said: We pay no attention to reports spread after betrothal either. The law is that we pay no heed to such reports. R. Jeremiah b. Abba said: The disciples of Rab sent to Samuel saying: Would our Master be so good as to instruct us. If a woman was reported to have been engaged to one man, and then another came and betrothed her with full formality, what is to be done? He sent back reply: She must leave him, but I want you to ascertain the facts and inform me. What did he mean by saying, 'I want you to ascertain the facts'? Shall I say his object was that if it turned out that the first betrothal was not a valid one the report should be suppressed? How can this be seeing that Samuel was located in Nehardea, and in Nehardea it was not the custom to suppress a report? — His object must therefore have been that if it turned out that the first betrothal was a valid one she would not require a Get from the second. In this he joined issue with R. Huna, who said that if a married woman put out her hand and took the betrothal money from another, she thereby became engaged. [This again is based] on the dictum of R. Hamnuna who said: If a woman says to her husband, You have divorced me, her word is to be accepted, since the presumption is that a woman would not be so brazen as to say this in front of her husband [if it was not true]. And the other [Samuel]? — [He can reply:] R. Hamnuna would maintain this only where she speaks in the presence of the husband, but if he is not present she would certainly be impudent enough to say this. Suppose they could not ascertain the truth of the matter, what [was to happen]? — R. Huna said: The first would have to divorce her and the second could then marry her; but it would not be right for the second to divorce her and the first to marry her. What is the reason? Because people might say that here is a man who is taking back a woman who has been betrothed to him and divorced. R. Shinnena the son of R. Idi, however, said that it is allowable also for the second to divorce her and the first to marry her, because people would merely say that the Rabbis had examined the betrothal [of the second] and found it invalid. Suppose she was reported [to have become betrothed] to both one and the other, what is to be done? — R. papa said: In this case also the first must divorce her and the second can then marry her. Amemar, however, said that she is allowed to marry either,
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Judges 5:16 · Judges 6:15 · Yevamot 92a · Ketubot 54a · Menachot 15b · Ketubot 22b · Yevamot 116a
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