Gittin 83b
גיטין פ״ג ע״ב
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Topic
Objections to רבי אליעזר's גט that excludes one man, the meaning of כריתות, and conditions or time limits in a גט.
Overview
This amud continues the debate over רבי אליעזר's view that a גט permitting a woman to everyone except one man is valid. First the גמרא shows that one of רבי עקיבא's objections fits only a חוץ case. It then explains that he attacked both חוץ and על מנת because he had heard both versions of the ruling. Next it explains רבא's refutation of the second objection, which follows רבי ינאי's elder and his different source for the rule. רבי יהושע says not to refute 'the lion' after his death, even though he has his own objection: the second marriage must be like the first, with her tied to no one. The גמרא then studies a ברייתא where רבי שמעון בר אלעזר asks where one person forbids and another permits, and it answers challenges from יבמה, נדרים and הפרת הבעל. רבי אלעזר בן עזריה argues from the word כריתות that a גט must fully cut the bond, and רבא rules on a condition not to drink wine, which fails only if it is tied to the wife's own life. Finally רבא asks about a divorce for one day only and begins to answer his own question.
Opening lines
הֲרֵי גְּרוּשָׁה אֶצְלוֹ – בִּזְנוּת!
Behold, she is a divorcée with respect to him, regarding licentious relations!
אֶלָּא בְּ״חוּץ״.
Rather, it is with regard to "except."
וְרַבִּי עֲקִיבָא, אִי ״חוּץ״ סְבִירָא לֵיהּ –
And Rabbi Akiva, if he holds "except"
לוֹתֵיב ״חוּץ״,
let him object regarding "except,"
The steps (32)
- RejectionWith a condition, she is a divorcée even toward that man
- ConclusionSo the objection must be about an exception
- ChallengeWhy does רבי עקיבא attack both versions?
- Resolutionרבי עקיבא heard two versions of the ruling
- QuestionWhat was the refutation?
- RejectionSaying the priestly prohibition is different does not work
- Resolutionרבא Follows a Different Source for רבי אליעזר's Rule
- Statementרבי יהושע: Don't Refute the Lion After His Death
- ChallengeDoesn't רבי יהושע Also Object?
- Resolutionרבי יהושע Holds Back His Own Objection Too
- QuestionWhat Was רבי יהושע's Objection?
- ResponseBefore the Second Marriage Must Be Like Before the First
- Statementרבי אליעזר agrees she may later marry the excluded man
- ChallengeWhere do we find one man forbidding and another permitting?
- ChallengeChallenge: the case of a יבמה
- ResolutionWith a יבמה, the יבם is the one who forbids
- ChallengeVows: one person forbids, a sage permits
- ResolutionA sage releases a vow only through the vower's regret
- ChallengeA husband cancels his wife's vow
- ResolutionA wife vows with her husband's consent in mind
- StatementA גט must fully cut the bond
- QuestionHow do the רבנן use the word כריתות?
- ResponseA condition that ties her forever is not כריתות
- Responseרבי אלעזר בן עזריה's source for the law of conditions
- ResponseThe רבנן do not learn from the כרת/כריתות difference
- Statementרבא: a גט on condition she not drink wine
- ChallengeWhy is the husband's life different from another person's life?
- ResolutionCorrected version: only 'all the days of your life' fails
- Questionרבא asks about a divorce that lasts only one day
- QuestionThe doubt according to רבי אליעזר
- QuestionThe doubt according to the רבנן
- Responseרבא turns around to answer his own question