Soncino English Talmud
Ketubot
Daf 2b
that she cannot say to him, 'His field has been flooded'. When is the question asked? [If she became menstruous] not during her regular time, what is [the law]? Since it is not during her regular time, she can say unto him, 'His field has been flooded'? Or, perhaps, since there are women who change their periods. It is as if it was her regular time? R. Ahai explained: [We learnt:] When the time came and they were not married, they eat of his food and they eat of terumah.' It does not state. 'They [the men] did not marry them [the women]' but [it says] 'They [the women] were not married.' In what case? If they prevent, why do they eat of his food and eat of the terumah? Hence, you must say [must you not]. that they were forced as in this case, and it states 'they eat of his food and they eat of terumah'? — R. Ashi said: Indeed I can say [that] in the case of an accident she does not eat [of his]. And [here] they [the men] prevented. And by right he ought to have stated, 'they [the men] did not marry [the women].' But since the first clause speaks of them [the women] the latter clause also speaks of them [the women]? Raba said: And with regard to divorce it is not so. Accordingly Raba holds [that] accident is no plea in regard to divorce. Whence does Raba get this [rule]? Shall I say, from what we have learned: 'Behold this is thy bill of divorce if I come not [back] from now until twelve months,' and he died within the twelve months, there is no divorce. [And we would conclude from this that only if] he died there is no divorce, but if he became ill there is a divorce! But perhaps indeed I might say [that] if he became ill there would also he no divorce. and [the Mishnah] lets us hear just this [rule], that there is no divorce after death. [That] there is no divorce after death, a previous Mishnah teaches: 'Behold, this is thy bill of divorce if I die,' [or] 'behold, this is thy bill of divorce from this illness,' [or] 'behold, this is thy bill of divorce after [my] death,' he has not said anything. [But] perhaps [that is] to exclude from that of our teachers, for it has been taught: Our teachers allowed her to marry again. And we said: Who are 'our teachers'? Rab Judah said [that] Samuel said: The court that allowed the oil [of the heathen]: they hold like R. Jose who said, 'the date of the document shows it.' But from the later clause: '[This is thy bill of divorce] from now if I come not [back] from now [and] until twelve months', and he died within the twelve months, it is a divorce. [And we may deduce] 'if he died', and the same rule applies if he became ill. [But] perhaps [the divorce is effective] only when he died, because it was not pleasing to him that she should become subject to the yabam! — But [the deduction can be made] from this: There was a certain [man] who said unto them: 'If I do not come [back] from now until thirty days it shall be a divorce.' He came [back] at the end of thirty days but the ferry stopped him. He said unto them, 'Look, I have come [back]; look, I have come [back]!' Said Samuel: This is not regarded as having come back. But perhaps an accident which is frequent is different, for since he ought to have stipulated it and he did not stipulate it, he injured himself! — But [we must say] Raba expressed an opinion of his own: On account of the chaste women and on account of the loose women. On account of the chaste women, because if you will say that it should not be a divorce.
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