תלמוד על יבמות 14:3

HALAKHAH: “Even though they said that a virgin collects 200,” etc. How does he become indebted to her? Do not Rebbi Joḥanan and Rebbi Simeon ben Laqish both say, if somebody writes a debenture for another person under the assumption that he owes him and it turns out that he does not owe, [he does not have]⁴From the parallel text in Halakhah 12:1, required by the context. If the addition is not valid for the woman who becomes a widow before her definitive wedding, why is the additional gift ever enforceable in court? Can the heirs not argue that the deceased never was obligated to pay the addition and, therefore, his estate is not required to pay? to give to him! He wants to give much to be called X’s son-in-law⁵The addition is payment for value received; this makes it an enforceable obligation.. That is, if he decided this⁶To add to the obligatory amount of the ketubah. at the time of the preliminary marriage. What if he decided this⁶To add to the obligatory amount of the ketubah. at the time of the definitive marriage? He wants to give much for sexual relations with her, which are sweet⁷Old German law knew of a similar gift, called Morgengabe, “gift on the morning (after the nuptials)”; Latin dotalicium. This is the only reason accepted by the Babli, 56a.. That is if he slept with her. If he did not sleep with her? He wants to give much for the acquisition⁸The marriage which is called “acquisition”. he made. If he had decided at the preliminary marriage, at the definitive marriage, he already is called X’s son-in-law, sexual relations are nothing new, there is no new acquisition; from thereon⁹I. e., if the husband should add to the ketubah sum while married, what makes that addition enforceable? he wants to give much that she should not change her mind¹⁰But stay married to him.. But can she? Was it not stated¹¹Mishnah Yebamot 14:2. In strict talmudic law, divorce is a unilateral act by the husband though in cases of spousal abuse the court can force a divorce by punishing the husband “until he says, I want [to divorce]”. Otherwise, the wife cannot force a divorce. that “a man divorces only by his own will”? Rebbi Abin said, she makes his life miserable and he frees her¹²Nobody says that she needs a court to get a divorce..

Rebbi Jacob bar Aḥa, Rebbi Ḥiyya, in the name of Rebbi Joḥanan: One disagrees with this Tanna²¹Rabban Simeon ben Gamliel.. They say, does not a Mishnah disagree²²Yebamot 14:1: “If a normal man married a normal woman and she became deaf-mute he may divorce her or keep her, but if she became insane he may not divorce her; if he became deaf-mute or insane he may never divorce.”: “If he became deaf-mute or insane, he may never divorce.” Why can he not write and have others fulfill his written instructions²³According to Rabban Simeon, even if he became deaf-mute it should not make any difference since he may give written instructions.? They upheld it, if he is illiterate. Rebbi Abba bar Mamal objected, does not a baraita disagree²⁴Tosephta Giṭṭin 2:8. The text there ends: “it is no divorce unless they hear his voice say to the scribe ‘write!’, and to the witnesses ‘sign!’ ” That Tosephta clearly disagrees with Rabban Simeon and disqualifies handwriting by a mute.: “If he wrote himself, or he told the scribe to write and the witnesses to sign, even though the scribe wrote, the witnesses signed, they gave him [the document] and he in turn gave it to her, it is no divorce.” Rebbi Assi said, complete the sentence and there is no disgreement: “it is no divorce unless they hear his voice.” But even if he gave a sign with his head you say it is invalid²⁵This refers to Mishnah Giṭṭin7:1: “If somebody lost his speech and they said to him, shall we write a divorce document for your wife? if he gave a sign with his head one checks him out three times; if he indicated ‘yes’ when it was expected, and ‘no’ when it was expected, they should write and hand it over.” The Tosephta also seems to contradict this Mishnah., here also it is invalid. Rebbi Mana said, it is valid: hearing the voice has the same status as seeing him nod his head²⁶The Tosephta contradicts Rabban Simeon ben Gamliel but not the Mishnah. A written authorization is invalid but a direct authorization by the husband to scribe and witnesses, by speech for a normal person and sign language for a mute, is valid. In the Babli (Giṭṭin 71a), Rav Cahana in the name of Rav accepts the position of Rabban Simeon, against the Tosephta.!

Ḥalîṣah against the rules frees⁴²The ḥalîṣah of a woman who was “bespoken” and did not yet receive her divorce document.. In which respect? That if an outsider comes and gives qiddushin to her co-wife, they will lay hold of her⁴³She certainly is freed by her co-wife’s ḥalîṣah. Qiddushin “lay hold of” a woman if the marriage is valid and the woman is forbidden to any other man by the laws of adultery. In this case, it is not only valid but also legal.. If an outsider came and gave her⁴⁴The widow who was “bespoken” and performed ḥalîṣah. qiddushin, since the candidacy from the deceased was removed from her⁴⁵By biblical law, she is forbidden to all levirs., the qiddushin will lay hold of her, or maybe, since she still needs a bill of divorce for her “bespeaking”, the qiddushin will not lay hold of her?