Gittin - Daf 82
- Machlokes regarding הרי את מותרת לכל אדם "אלא" לפלוני: חוץ or על מנת?
The ninth Perek begins: המגרש את אשתו ואמר לה – One who divorces his wife and tells her, הרי את מותרת לכל אדם אלא לפלוני – “You are permitted to every man but Ploni,” Rebbe Eliezer permits her to marry anyone else, but the Chachomim consider the get invalid. The Gemara analyzes the case of the machlokes by asking if the word "אלא" here means חוץ – except for Ploni, limiting the permit of the get, or על מנת – on condition, that she can marry anyone, on condition she does not marry Ploni. The Gemara proves that our Mishnah means חוץ, but there is a Tanna who holds the machlokes concerns על מנת. According to that Tanna, Rebbe Eliezer validates the get because he considers this condition no different than any other, but the Rabbonon hold this condition is problematic, because it limits the permit itself. According to our Mishnah, that Rebbe Eliezer even validates a get which permits to all men “except” Ploni, the Gemara explains his source: the pasuk of divorce says "והיתה לאיש אחר" – and she becomes [the wife] of another man, teaching אפילו לא התירה אלא לאיש אחר – even if he only permitted her to one other man, the divorce is valid. Alternatively, he darshens: ואשה גרושה מאישה לא יקחו – and a woman divorced from her husband [Kohanim] may not marry, teaching אפילו לא נתגרשה אלא מאישה – even if she was only divorced from her husband but not permitted to anyone, the get is valid and forbids her to Kohanim.
- בקידושין היאך - What is the halachas prohibiting the wife to all men except one?
Rebbe Abba asked: בקידושין היאך – What is the halachah regarding kiddushin, where he said, “You are married to me insofar as you are prohibited to all men except Ploni”? This question can be asked according to each opinion regarding the parallel case of get: Rebbe Eliezer validated such a get because of specific derashos, but regarding kiddushin, קנין מעליא בעינן – do we need a complete acquisition without limitations, או דלמא ויצאה והיתה – or perhaps we apply the hekesh between “and she will go out” and “and she will become a wife,” (i.e., gittin and kiddushin), teaching that just as such a get is valid, kiddushin would also be? The Rabbonon invalidated a limited get, דבעינן כריתות וליכא – because we require complete severance, and there is not complete severance in such a get, but regarding limited kiddushin, קנין כל דהו – is merely a minimal acquisition sufficient, even with limitations, or do we apply the hekesh of ויצאה והיתה comparing gittin with kiddushin? He concluded that both opinions would apply the hekesh to kiddushin, so Rebbe Eliezer would validate such kiddushin and the Rabbonon would not.
- אשת שני מתיםthrough limited kiddushin
Abaye commented that even if limited kiddushin are effective, if Reuven married a woman, stipulating to prohibit her to all but his brother Shimon, and then Shimon married her, stipulating to prohibit her to all but Reuven, and they both die childless, she would be eligible for yibum, and not disqualified under the category of "אשת שני מתים" – a wife of two deceased men, because קידושי דראובן אהנו – although Reuven’s kiddushin effected a prohibition to people by forbidding her to them, קידושי דשמעון לא אהנו – Shimon’s kiddushin did not effect a prohibition, since they did not forbid her to anyone new, so she is not considered “a wife of two deceased men.” However, if Shimon married her without limitations, it would be a case of אשת שני מתים, because Reuven’s kiddushin prohibited her to most men, וקידושי דשמעון אהנו למיסרא אראובן – and Shimon’s kiddushin were effective regarding to prohibit her to Reuven.
