Дварим 24:3 Ссылки в Талмуде: Jerusalem Talmud Terumot, Jerusalem Talmud Kiddushin, Jerusalem Talmud Orlah & Chagigah

Rebbi Yose said, I questioned before Samuel: But with bills of divorce, thought is not written and his action cannot prove his intention! As we have stated¹³Mishnah Giṭṭin 2:5.: “Everybody is permitted to write a bill of divorce, even an insane person, a deaf-mute, and a minor.” Rebbi Huna said, if a sane person directs him. Rebbi Joḥanan asked, is that (Deut. 24:1,3): “he writes for her”, for her personally¹⁴This is an echo of the very short discussion in Giṭṭin 2:5. Rebbi Joḥanan points out that the divorce document must be written specifically for the woman in question. If two men with identical names are married to two women who have the same name, and both want to divorce them on the same day, the two divorce documents will have identical wording. Nevertheless, if the husbands switch the documents before they are handed to the respective wives, both divorces will be invalid. In both Talmudim, Samuel narrows down the meaning of the Mishnah in that he allows the incompetent only to write the formulaic portion under the direction of a competent person; but the data which make the document valid, date and names of the two persons involved, must be written by a competent person as agent of the husband. The argument here does not consider this restriction, except that R. Yose (Rav Assi of the first generation Amoraïm in Babylonia) is of the opinion that, since a document containing only date and names cannot be signed by witnesses and is not a divorce document, the writing of the incompetent is necessary for the validity of the document and one has to wonder why this is accepted.? Rebbi Yose came back and said, there one person writes¹⁵Writing a valid divorce document and using it for the divorce are two distinct actions; one may be valid without the other. But taking heave is valid only if the taking is intended for heave; the action itself needs thinking; this parallels the action of divorce, not the writing of part of the document. and another person divorces. But here, the same person thinks and takes heave. Rebbi Jacob bar Aḥa said, there, if he¹⁶A competent person. Even if he writes all by himself there are two actions. This argument is valid only for R. Eleazar (ben Shamua, the Tanna) who holds that a divorce is validated by handing over the document before two witnesses. But according to R. Meїr who holds that a document is invalid if it has not been signed by two trustworthy witnesses, the writing of the document is not important, only the signing is, and this must be done by two competent persons unrelated to the husband. would write himself and divorce, would that not be a divorce? But here, he thinks and takes heave.

By a document? “He shall write her a bill of divorce, hand it to her, and send her out of his house. If she left his house and went to be another man’s.²⁰Deut. 24:1.” It brackets her being with her leaving²¹Babli 5a, Erubin 15b, Sukkah25a, Ketubot 47a, Giṭṭin 21b; Sifry Deut. 269, end.. Since her leaving was by a document, so her being is by a document.

¹²⁵A parallel but different discussion is in the Babli, 13b.“She regains her autonomy by a bill of divorce,” as it is written¹²⁶Deut. 24:1. The part not quoted and v. 2 make it clear that the divorcee is free to contract another marriage.: “He shall write her a bill of divorce.” “Or the husband’s death,” as it is written: “Or if the latter husband dies.¹²⁷Deut. 24:3. Since the widow cannot remarry her first husband, it is clear that she can marry any other man.” So far, if the latter one dies, [what about] the death of the former¹²⁸Which is not mentioned in the verse.? Since the latter’s death releases her, even though his death does not cause a complete release¹²⁹The former husband becomes forbidden. He was permitted after his divorce and before her second marriage., it is only logical that the former’s death should release her since his death will cause a complete release¹³⁰The divorcee is free to marry any man not forbidden to her by incest or holiness prohibitions.. Rebbi Ḥuna said, the verse implies that death releases, as it is written: “If brothers live together and one of them dies childless, etc.¹³¹Deut. 25:5. Since the verse prohibits remarriage of the widow outside the family, it implies that the widow of a man who had children is free to marry according to her wishes.” Therefore, if he had a child, death releases. Rebbi Yose bar Abun said, if you would say that death does not release, how could we find a widow for a High priest, a divorcee or one who has received ḥalîṣah for a common priest¹³²The statement about the common priest implies that a widow is permitted to a common priest even if he is not of her first husband’s family.? Rebbi Joḥanan bar Marius said, explain it for a sister-in-law¹³³If a brother of a High Priest dies childless, his widow is forbidden to the High Priest. The prohibition has to be stated even if in general a widow were not permitted to remarry..