תלמוד על גיטין 6:1

HALAKHAH: “A woman who was eating heave,” etc. It is acceptable, “your husband died.” “He divorced you?²Since a woman is legally divorced only if the divorce document is delivered to her or her agent, the Halakhah has to find a case in which the divorced woman may have eaten heave in error.” The rabbis say, this follows the old Mishnah⁹Mishnah Ketubot 5:3: “One gives a virgin 12 months after the bridegroom claimed her to get her trousseau … If that time arrived and she is not married she eats from him and she eats heave …, this is the old Mishnah. The later authorities said, no woman eats heave until she enters the bridal canopy.” The Mishnah deals with a minor who is married off by her father. After the preliminary wedding ceremony (cf. Peah 6:2, Note 46) the bride really is “acquired by the husband’s money” and, by biblical law (Lev. 22:11) she may eat heave if the husband is a Cohen. By an old rabbinic institution, she is prevented from eating heave until the date originally fixed for the actual wedding, when it was planned that she should start living with her husband. The later authorities restricted the access of the Israel bride of a Cohen to the time after the final marriage ceremony.
The final marriage ceremony emancipates the bride from her father’s authority. During the time between preliminary and final ceremonies, Mishnah Giṭṭin 6:2 states that both the minor and her father may accept a divorce document; R. Jehudah denies the right of the minor to receive the document (cf. Peah Chapter 4, Note 117). The Mishnah here can refer to with a woman eating heave in error only in case the woman still is a minor and the groom did not finally marry her at the previously stipulated time. In this approach, with the decree of the later authorities the mention of a divorce in our Mishnah became meaningless., according to which the betrothed daughter of an Israel eats heave and her father accepts her divorce document. Rebbi Eliezer¹⁰He must be R. Eleazar ben Pedat, the student of R. Joḥanan. Probably, his name was changed here to distinguish him from R. Eleazar ben Shamua‘, the Tanna, who is quoted in the next sentence. [The changes from “R. Eliezer” to “R. Eleazar” and vice-versa in all printed editions has no basis in mss. The Yerushalmi tradition of Mishnah Giṭṭin 6:4 (Leyden ms. and Venice print, Mishnah ed. Low) as well as the main text of the Munich ms. of the Babli and the mss. of the later version of Maimonides’s Commentary read “R. Eleazar”; the Napoli Mishnah and the early version of Maimonides’s Commentary read “R. Eliezer”.] Since R. Eleazar is the main authority on divorce documents, it is reasonable to read “R. Eleazar” in the Mishnah. says, you may even say following the later Mishnah; explain it that she said to him, bring my divorce document from place X and usually that should have taken him ten days to deliver to her but he found a galloping horse and brought it to her in five days. Rebbi Eliezer cannot follow Rebbi Eleazar, as we have stated¹¹Mishnah Giṭṭin 6:4: “Bring me my divorce document, she eats heave until the document comes into her possession. Accept the document for me, she immediately is forbidden heave. Accept the document for me at place X, she eats heave until the document reaches place X; Rebbi Eleazar forbids her immediately.” This Mishnah speaks of the adult wife appointing an agent. (A minor, even though emancipated from her father, cannot appoint an agent. She can be divorced only by delivery of the document into her hands by the husband or his duly appointed agent. If she is too young to take care of the document, she cannot be divorced.): “Rebbi Eleazar forbids her immediately.” Does Rebbi Eleazar not agree that if she said, bring my divorce document from place X, that she may eat heave until the document arrives at that place¹²An agent who violates the terms of his appointment is not a valid agent for divorce documents. If the agent would accept the document at another place, the document would be invalid and the woman not divorced. There is no reason for her not to eat heave until the document reaches the specified place.? Rebbi Ḥaninah said, when she said to him, bring my divorce document from place X, it is as if she had said to him, it shall become a divorce document only after ten days. What she ate, she ate with permission¹³In this case, even R. Eliezer will agree that heave was eaten lawfully, there is no case of restitution of anything, and the explanation of R. Eleazar ben Pedat is contradicted..

MISHNAH: “You are permitted to any man except to my father and your father, to my brother and your brother, to a slave, a Gentile,” or anybody she is unable to contract a preliminary marriage with⁴⁵An unmarried woman can contract preliminary marriage with any Jewish man except those connections forbidden as incestuous relations which are deadly sins. Marriage is also impossible with Gentiles and slaves. A divorce stipulation which forbids no marriage possible under the law is empty., it is valid. “You are permitted to any man except as a widow to the High Priest, a divorcee or one having received ḥalȋṣah to a common priest, a bastard or a Gibeonite girl to an Israel, the daughter of an Israel to a a bastard or a Gibeonite⁴⁶All these are subsumed under “holiness prohibitions”, enumerated in Mishnah Yebamot 2:4.,” or anybody she could contract a preliminary marriage with even if it is sinful⁴⁷Including common law “commandment prohibitions,” Mishnah Yebamot 2:4., it is invalid⁴⁸Since for the rabbis who oppose R. Eliezer, any bill of divorce is invalid if it restricts the pool of legal marriage partners of the divorcee..
The essence⁵¹The required text. of the bill of divorce: You are herewith permitted to any man. Rebbi Jehudah says: This shall be for you from me a divorce scroll and a letter of abandonment, to enable you to marry any man you desire. The essence of the bill of manumission: You are a free person, you are on your own.