Gittin - Daf 46
- Why one who divorces because of his wife’s bad reputation or neder cannot remarry her
The Mishnah on the previous Daf taught that one who divorces his wife because of שם רע – a bad reputation (i.e., rumors of adultery), or because she made a neder (and he does not want a wife who makes nedarim), he may not remarry her thereafter. Two reasons emerge from the Gemara. In one version, Rav Nachman said: והוא שאמר לה משום שם רע אני מוציאך – This is only so where he told her, “I am divorcing you because of your bad reputation” (or neder). He holds the reason he cannot remarry her is משום קלקולא – because of the ruin the husband may cause her after she remarries. If he explicitly tells her the cause of divorce, he can eventually contest the divorce if the rumors turn out unfounded (or the neder is annulled), saying he would not have divorced her if he had known. Therefore, the Rabbis decreed he may never remarry her, to ensure the get is not conditional. In the second version, Rav Nachman said the husband must tell his wife he is divorcing her because of the rumors (or neder). He holds the reason he cannot remarry her is כדי שלא יהו בנות ישראל פרוצות בעריות ובנדרים – so that Jewish women should not be lawless regarding illicit relations and nedarim. Therefore, he must explain why she is being divorced (but cannot remarry her regardless).
- Machlokes about a neder made publicly, and the story of the Givonim
In the Mishnah, Rebbe Yehudah said: כל נדר שידעו בו רבים לא יחזיר – If he divorced her because of any neder she made which the public knows of, he cannot remarry her. If it is not publicly known, he may remarry her. He holds the husband cannot remarry her to prevent lawlessness regarding nedarim, but only a publicly known neder, which he holds cannot be annulled, is sufficiently lawless to prohibit remarrying. Rebbe Yehoshua ben Levi explains Rebbe Yehudah’s source that a publicly known neder cannot be annulled, for the passuk states:"ולא הכום בני ישראל כי נשבעו להם נשיאי העדה" – And Bnei Yisroel did not strike the Givonim, because the leaders of the congregation had sworn to them when they falsely presented themselves as distant travelers. Rebbe Yehudah understands that the reason they observed the oath, rather than annulling it, was because it was known publicly and cannot be annulled. The Rabbonon responded that the oath was never effective in the first place, since it was made under false pretenses. The only reason they did not kill them was because of קדושת השם – the sanctification of Hashem’s Name, so idolaters should not say that the Jews violate their oaths.
- Redeeming one who sold himself and his sons to idolaters
The last Mishnah on the Daf states: המוכר את עצמו ואת בניו לעובדי כוכבים – One who sells himself and his sons to idolaters, אין פודין אותו – we do not redeem him or his sons, אבל פודין את הבנים לאחר מיתת אביהן – but we redeem the sons after the father’s death. Rav Asi says: והוא שמכר ושנה ושילש – This is so where he sold himself, repeated it after being redeemed, and did so a third time. He is not redeemed again because he will continue to sell himself, relying on the community to redeem him. There were residents of Bei Michsei who borrowed money from idolaters and could not repay, and the creditors took them as slaves. They came to Rav Huna asking to be redeemed, but he said he cannot redeem them, because of the Mishnah’s ruling (borrowing without the ability to pay is tantamount to selling oneself). Rav Huna noted that these people were accustomed to borrowing this way.
