Дварим 24:1 Ссылки в Талмуде: Jerusalem Talmud Gittin, Jerusalem Talmud Yevamot, Jerusalem Talmud Shabbat & Jerusalem Talmud Kiddushin

HALAKHAH: “Somebody who brings a bill of divorce from overseas,” etc. This is difficult. If somebody brings a gift document from overseas,would you require him to say, it was written and signed⁷The form נחתם is that of most Mishnah mss. and of the Babli. The form נתחתם in the Mishnah is that of several Palestinian Mishnah mss. before me? Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce⁸In the Babli, 2a/2b, it is pointed out that a bill of divorce has to be written for the woman to be divorced since the verse says (Deut. 24:1): “He shall write for her”. While the text of the bill must mention the names of husband and wife, it cannot be ascertained from the text whether the scribe was instructed to write the text specifically for that woman; there must be a live witness available who can be examined about this point. A second opinion notes that the signatures of the witnesses themselves would need confirmation.. Rebbi Joḥanan said, that is a leniency lest she sit abandoned⁹In the Babli, 3a, this is an anonymous (unanimous) opinion. As explained in the sequel, if the husband could come later and claim the the bill of divorce was fake, no woman could ever remarry on a bill of divorce written far away for fear that her children from a second husband could retroactively be declared to be bastards; cf. Mishnah Yebamot 10:1.. Is that a leniency? It is only a restriction, for if he does not say to her, it was written and signed before me, you do not permit her to remarry. Rebbi Yose said, the difficulty which you impose upon her at the beginning, that he is required to say, it was written and signed before me, makes it easy for her at the end. For if [the husband] would come and protest, his protest would be void. Rebbi Mana wanted to say, a protest other than the text of the bill¹⁰E. g., if the husband claims that he had attached a condition to the bill not provided for in the bill and that the condition was not satisfied. Since the condition was not presented to the court which oversaw the delivery of the document, it cannot be considered.. But is a protest about the text of the bill a protest which has no validity¹¹He claims that the entire bill is fake or that there is an intrinsic defect which makes the entire document invalid.? Even for a protest which has validity, said Rebbi Yose ben Rebbi Abun, since you say that the reason for the difficulty which you impose upon her at the beginning, that he is required to say, it was signed before me, is to make it easy for her at the end, that if [the husband] would come and protest, his protest would be void; this means that there is no difference whether it is a protest not about the text of the bill or about the body of the bill, a protest which has no validity, or a protest which does have validity¹²Since there was a witness who was cross-examined about the validity of the bill, the husband cannot be admitted to testify since when he claims to be still the husband of his divorcee he declares himself a relative by marriage who is barred from acting as a witness for or against his wife.! But should you worry that maybe be gave the bill to disqualified witnesses to sign¹³The messenger who delivers the bill might not know that the witnesses either were relatives of one of the parties or convicted felons; their signatures would invalidate the document.? Rebbi Abun said, he is not suspect to damage her before Heaven¹⁴For if both the local court and the wife act in good faith, Heaven will absolve her but he has sinned. Cf. Yebamot 15:4, Notes 92–93.. Before the court he is suspect to damage her. But since he knows that if he comes and protests his protest is void, he will choose qualified witnesses to sign.

HALAKHAH: “If somebody brings a bill of divorce from overseas,” etc. One understands “it was written before me” but not “it was signed before me”, but “it was signed before me” but not “it was written before me”? Is not a bill of divorce validated by its signatures? That must follow Rebbi Jehudah, for Rebbi Jehudah invalidates forms⁵In Mishnah 3:2, the anonymous majority permit the routine production of forms of bills of divorce where everything is written in advance and only the names of husband and wife, the date, and the statement of divorce are then inserted for the particular couple involved in the divorce; but R. Jehudah holds that the requirement that “he write for her” (Deut. 24:1) can only be fulfilled if the bill was written specifically for that wife from the first letter to the last.. Following Rebbi Jehudah outside the Land as for one who divorces in the Land of Israel⁶In Halakhah 3:2, practice is declared as following R. Jehudah.. Are there forms of bills of divorce outside the Land for divorces outside the Land? It is necessary for him to know that it is a bill of divorce⁷Since the agent is to be interviewed about the writing of the bill, it is obvious that he could not answer if the bill was a form in which only the names of husband and wife and the time were inserted. Even the anonymous majority of Mishnah 3:2 must agree that forms are possible only in the Land. and that he be appointed as an agent; he would not know that it was a bill of divorce unless it was written completely before him. Rebbi Ḥanin stated: It is permitted that he enter and leave⁸In all matters of supervision, it is possible for the supervisor to leave the place occasionally as long as he can return at any moment and the person to be supervised, in this case the scribe, does not know in advance when the supervisor will return. The same baraita is accepted in the Babli, 6a..

HALAKHAH: “Every bill of divorce which was not written for a particular wife,” etc. Who is dictating? School teachers⁵In the Babli, 24b, “a training course for scribes.”. ⁶From the Babli, 24b, it appears that the remainder of this paragraph is a baraita. What means “in addition”⁷In what is the case of the man who wants to use somebody else’s bill different from the case of the bill written as a writing exercise?? There it was not written as a bill of divorce but here it was written as a bill of divorce. What means “in addition”⁸The question is what is the difference between the bill destined for the older one and the bill destined for either one of the two.? There it was written neither in his name nor in her name but here it was written in his name but not in her name. What means “in addition”? There it was written in his name but not in her name but here it was written in his name and in her name but it was not written for divorce from the start⁹Deut. 24:1 requires that the husband “write her a scroll of divorce”; it must be written from the start for one and only one divorce..