Gittin - Daf 81
- If a written get or rumors of a divorce disqualify to Kehunah, the difference between generations
The next Mishnah states: כתב לגרש את אשתו ונמלך – One who wrote a get to divorce his wife, and then relented without giving it, Beis Shammai says she is disqualified from marrying a Kohen. Beis Hillel says even if the get was given, but had a condition which remained unfulfilled, she is permitted to Kehunah. Shmuel was asked about a Kohen who was rumored to have “written” a get for his wife. He said: תצא והדבר צריך בדיקה – she must leave the marriage, but the matter requires investigation. He was uncertain if the rumor about “writing” may have meant he actually gave the get. Since Rav Ashi says we ignore rumors which spread after marriage, the Gemara clarifies that Shmuel meant she must leave a second Kohen she marries after this husband dies. Rebbe Yochanan quoted an observation: בא וראה שלא כדורות הראשונים דורות האחרונים – Come and see that the later generations are not like the earlier generations. In the earlier generations, Beis Shammai disqualified to Kehunah where a get was merely written, whereas in later generations, Rebbe Dosa even allowed captives of idolators to continue eating terumah, without concern they were violated by their captors.
- Concern for a second marriage where one spent the night with his divorcee: two cases
The next Mishnah states: המגרש את אשתו ולנה עמו בפונדקי – One who divorces his wife, and she later lodges with him in an inn, Beis Shammai says she does not require a second get, and there is no concern they had relations for kiddushin purposes. Beis Hillel says she does require a second get. All agree that if she was divorced as an arusah, there is no concern for kiddushin, מפני שאין לבו גס בה – because he is not comfortable with her. Rebbe Yochanan says the machlokes only applies where witnesses saw that they had relations. Beis Shammai holds the relations may have been promiscuous (and not for kiddushin), but Beis Hillel holds: אין אדם עושה בעילתו בעילת זנות – a person does not have relations promiscuously, and definitely intended them to be for kiddushin. However, if they were only secluded (and no one witnessed relations), all would agree she does not need a get. The Gemara asks that our Mishnah, which distinguishes between an arusah and nesuah based on the likelihood of relations, clearly holds the machlokes applies without witnesses to relations, and the Gemara explains that Rebbe Yochanan followed a different Tanna. According to our Mishnah’s version, Beis Hillel holds: אמרינן הן הן עדי יחוד והן הן עדי ביאה – we say that witnesses to the seclusion are effectively witnesses to relations, and Beis Shammai disagrees.
- גט קרח
The next Mishnah discusses a גט קרח – “bald get,” which refers to a גט מקושר – “bound get,” which has multiple folds which are sewn down, each requiring a signature on the outside. If any fold lacks a signature, it is a “bald get” and invalid. The Mishnah states: כנסה בגט קרח – If one married [a woman] based on a divorce through a “bald get,” תצא מזה ומזה וכל הדרכים האלו בה – she must leave both husbands, and all these [penalties] apply to her. The Gemara explains why a גט קרח is invalid: גזירה משום כולכם – it is a decree because of a concern that the husband told the witnesses present at the time, “All of you sign the get,” and some did not sign, invalidating the get. The Mishnah teaches that a גט קרח may be rectified (before delivery) by having all blank spaces signed. Ben Nanas says that even invalid witnesses (such as thieves or slaves) can sign them, but Rebbe Akiva says only a relative can. The Gemara explains that Rebbe Akiva is concerned that if a disqualified witness signs, people may think he has become qualified (which is impossible in the case of a relative).
