Gittin - Daf 80
- Consequences for one who marries based on an invalid get - תצא מזה ומזה וכל הדרכים האלו בה
The next Mishnah, which begins on Daf 79b, teaches an extensive list of consequences for one who marries based on an invalid get (e.g., it was dated based on a different government, or the wrong location was recorded): תצא מזה ומזה וצריכה גט מזה ומזה – she must leave this one and that one (i.e., both husbands), and requires a get from both (although she is legally married only to one). She does not receive the usual entitlements from either husband (kesubah, right to be ransomed, sustenance, or worn-out clothing), and must return any received. A subsequent child from either husband is a mamzer. The husbands, in turn, cannot become tamei to bury her (if they are Kohanim), and do not have their usual rights (her findings, her earnings, and ability to revoke her nedarim). Several other consequences are listed. This list is applied to four more cases: (1) Where the wrong name was written, (2-3) two cases where a co-wife remarried based on the laws pertaining to yibum, and the first wife was later found to be an aylonis (and her original kiddushin invalid), subjecting the co-wife to yibum, or (4) where a get was exchanged with a kesubah receipt, and he gave her the receipt instead of the get. Regarding all these the Mishnah says: תצא מזה ומזה וכל הדרכים האלו בה – she must leave [both husbands], and all these ways (penalties) apply to her.
- Enactment to date gittin according to local ruling government משום שלום מלכות – to promote peace
The Mishnah taught that if the date was written according to the wrong government, the get is invalid, with all the relevant consequences. Ulla explains that the Rabbis enacted to date gittin according to the local ruling government משום שלום מלכות – to promote peace with the local government (Rashi explains that the rulers are pleased that their Jewish subjects honor them by using their names in their documents). The Gemara objects that if the reason to date according to the government is a Rabbinical enactment for שלום מלכות, should writing the wrong government invalidate the get and render the child a mamzer?! The Gemara responds that Ulla said that Rebbe Meir (the author of this Mishnah) holds: כל המשנה ממטבע שטבעו חכמים בגיטין – Anyone who changes from the procedure established by the Sages for gittin, הולד ממזר – the get is invalid, and if she remarries based on it, the child from her second marriage is a mamzer.
- שומרת יבם שזינתהbefore discovering her tzarah was an aylonis – She is subject to all the penalties
The Mishnah taught that any ervah whose co-wives were exempt from yibum (after the husband died childless), ונישאו – and [the co-wives] married other men on that basis, and the ervah was then found to be an aylonis, they must leave both husbands and are subject to all the penalties. The Gemara infers: נישאו אין – If they married others, yes, they become forbidden to the yavam, זינו לא – but if they merely had relations with others, no, they would not become forbidden to the yavam. [Rashi explains that where a co-wife remarried, she becomes Rabbinically forbidden to the yavam. People who see her marry another man, and then the yavam, may conclude that she received chalitzah from the yavam (permitting her to remarry), and after being divorced, married the yavam (which is prohibited after chalitzah).] This seems to disprove Rav Hamnuna’s statement that שומרת יבם שזינתה אסורה ליבמה – a shomeres yavam who had relations with another man becomes forbidden to her yavam (similar to a married woman who commits adultery)!? The Gemara answers that the Mishnah’s expression of “marriage” is not specific, and the ruling would hold true for relations as well. It discussed a case of marriage simply because it is more refined. An opposite version of this discussion is presented.
