Soncino English Talmud
Ketubot
Daf 3a
sometimes [it may happen] that he was not held back by an accident, and she would think that he was held back by an accident and she would be tied, and sit. And on account of the loose women, because if you will say [that] it should not be a divorce, sometimes [it may happen] that he was held back by an accident and she would say that he was not held back by an accident and she would go and get married, and the result would be [that] the divorce was invalid and her children [from the second marriage] would be bastards. But is it possible that according to the law of the Bible it would not be a divorce and on account of 'the chaste women' and on account of the 'loose women' we should allow a married woman to the world? — Yes, every one who betroths in accordance with the sense of the Rabbis he betroths, and the Rabbis have annulled his betrothal. Said Rabina to R. Ashi: This might be well [if] he betrothed her with money, [but if] he betrothed [her] by act of marriage, what can one say [then]? — The Rabbis have made his act of marriage non-marital. Some, [however,] say [as follows]: Raba said: And so [also] with regard to divorce. Accordingly Raba holds [that the plea of] accident applies to divorce. An objection was raised: 'Behold this is thy bill of divorce if I come not [back] from now [and] until twelve months,' and he died within the twelve months, there is no divorce. [Now] if he dies there is no divorce, but if he became ill there would be a divorce! — Indeed I might say [unto thee] that if he became ill there would be no divorce either, 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! — Perhaps [that is] to exclude from that of our teachers. Come and hear: From now if I have not come [back] from now [and] until twelve months,' and he died within the twelve months.it is a divorce. Would not the same rule apply if he became ill? No, Only if he died, because it was not pleasing to him that she should become subject to the yabam. Come and hear: A certain [man] said unto them: 'If I do not come [back] from now [and] until thirty days it shall be a divorce.' He came [back] at the end of thirty days but the ferry stopped him. And he said unto them, 'Look, I have come [back]; look, I have come [back]!' And Samuel said: This is not regarded as having come back! — An accident which is frequent is different, for since he ought to have stipulated it and he did not stipulate it, he injured himself. R. Samuel b. Isaac said: They have only taught since the institution of Ezra and after, [according to which] the courts of justice sit only on the second day and on the fifth day [of the week]. But before the institution of Ezra, when the courts of justice sat every day, a woman could be married on any day. Before the institution of Ezra, what there was there was! — He means it thus: If there are courts of justice that sit now as before the institution of Ezra, a woman may be married on any day. But what of shakedu? [We suppose] that he had [already] taken the trouble.
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