[85a - 51 lines; 85b - 47 lines]
1)[line 12]לדברי הכל כשרL'DIVREI HA'KOL KASHER- everyone agrees that it is valid [when it is written after the Toref, as Rebbi Zeira himself taught earlier (84b)]
2)[line 13]ולימא, "הרי זה פסול", ורבי?V'LEIMA, "HAREI ZEH PASUL," V'REBBI?- [why did Rebbi Zeira not] tell [Avuha d'Rebbi Avin to teach], "It is invalid," and [the case is one in which the condition was written before the Toref and] it is [expressing the opinion of] Rebbi [since then he would not have to change the Girsa from "Pasul" to "Kasher"]?
3)[line 13]תנא "דברי הכל" אתנייהTANA "DIVREI HA'KOL" ASNAYEI- he who taught the Beraisa (namely, Avuha d'Rebbi Avin) was taught "everyone agrees [to something]"
4)[line 14]כשר בפסול מיחלף ליהKASHER B'PASUL MICHLIF LEI- it is possible for him to have confused "Kasher" with "Pasul"
5)[line 19]אלמנה לכהן גדול / גרושה וחלוצה לכהן הדיוטALMANAH L'CHOHEN GADOL / GERUSHAH V'CHALUTZAH L'CHOHEN HEDYOT (KOHANIM: Women whom Kohanim may not Marry)
(a)A Kohen may not marry a divorcee, Zonah (see Background to Yevamos 81:4) or Chalalah (see Background to 59:77) (Vayikra 21:7). A Kohen Gadol, in addition to these women, may not marry a widow (Vayikra 21:14). A male child born of one of these forbidden unions is called a "Chalal," and he is not a Kohen.
6)[line 20]ממזרתMAMZERES- see Background to 81:56
7)[line 20]נתינהNESINAH - a member of a nation prohibited from marrying Jews (NESINIM)
(a)Every member of the seven nations who inhabited Eretz Yisrael prior to the arrival of Klal Yisrael must be killed (Devarim 20:16). After Yehoshua led Klal Yisrael into the land, he was approached by a nation claiming to be from a far-off land who wished to convert. After they were accepted as converts, it was discovered that they were actually Giv'onim. The Giv'onim were a sub-nation of the Chivi, one of the seven nations indigenous to Eretz Yisrael. "And the people of Yisrael did not smite them, for the princes of the congregation had sworn to them..." (Yehoshua 9:18). Rebbi Yehudah maintains that since this oath was taken in public, it was irrevocable. The Rabanan understand that the oath of peace that Yehoshua had undertaken was not valid since it was uttered under a false pretense. However, Yehoshua felt that to dishonor it would be a Chilul HaSh-m (a desecration of HaSh-m's honor). Yehoshua therefore assigned them the tasks of chopping wood and drawing water for the Korbanos that were offered upon the Mizbe'ach (Yehoshua 9:3-27). Since Yehoshua "gave them over" - "va'Yitenem" (Yehoshua 9:27) to these tasks, they came to be known as "Nesinim."
(b)The Gemara (Yevamos 79a, based on Devarim 29:10) reveals that this same scene had played out earlier, when the Giv'onim had approached Moshe Rabeinu in the desert. Moshe, too, appointed them to the tasks of woodchoppers and water drawers. Moshe Rabeinu instituted a decree addressing the Nesinim of his generation, and Yehoshua extended it to apply as long as the Beis ha'Mikdash was in existence. David ha'Melech further extended it to last for all time, due to the cruelty that they exhibited. Kindness and empathy are integral and basic Jewish traits (Yevamos 79a).
(c)Nesinim are prohibited from marrying a Jew of legitimate lineage. They are limited to converts, Mamzerim (those born from a union prohibited by the Torah and punishable by Kares), and other Nesinim. RASHI (to Kesuvos 29a and elsewhere) maintains that this is a result of the decree of Moshe Rabeinu. This prohibition is therefore of Rabbinic origin. TOSFOS contend that the decree only addressed their servitude. Since they are of the seven nations who inhabited Eretz Yisrael, it is prohibited to marry them mid'Oraisa even if they convert (Yevamos 76a).
8)[line 22]כללא דרישאKELALA D'REISHA- the generalization of the first ruling of our Mishnah (namely, the phrase, "all those who lack the ability marry her")
9)[line 24]עמוני ומואביAMONI U'MOAVI - Amonite and Moabite Converts
(a)Moav and Ben Ami were illegitimate sons born to Lot from each of his two daughters (Bereishis 19:30-38). The nations of Moav and Amon descended from these two forebears. Neither male Amonite and Moabite converts nor their male descendants may marry a Jewess (Devarim 23:4-5; see Yevamos 76b-77a).
(b)According to most opinions, this prohibition is no longer in effect, This is because Sancheriv king of Ashur relocated the nations that he conquered, and those nations that currently live in the lands of Moav and Amon are not the descendants of Moav and Ben Ami. Since we don't know where the original Amonim and Moavim are, and most nations are not Amon and Moav, Nochrim from other nations may convert as well (see, for example, Berachos 28a).
10)[line 25]מצרי ואדומיMITZRI VE'EDOMI - Egyptian and Edomite Converts
(a)It is forbidden to marry a first- or second-generation Egyptian or Edomite convert. This is derived from that which the verse states that only a third-generation convert from these nations may marry a Jewess (Devarim 23:8-9). Because the Torah does not state this prohibition negatively, it has the status of a Lav ha'Ba mi'Chlal Asei (see Background to Yevamos 68:20). This prohibition applies equally to both male and female converts.
(b)According to most opinions, this prohibition is no longer in effect, This is because Sancheriv king of Ashur relocated the nations that he conquered, and those nations that currently live in the lands of Mitzrayim and Edom are not true Egyptians and Edomim. Since we don't know where the original Mitzriyim and Edom are, and most nations are not Mitzrayim or Edom, Nochrim from other nations may convert as well (see, for example, Yevamos 78a).
11)[line 27]בר הויהBAR HAVAYAH- one who is fit for Kidushin (see Background to 81:35)
12)[line 28]קטנה מתגרשת בקידושי אביהKETANAH MISGARESHES B'KIDUSHEI AVIHA (KIDUSHEI KETANAH)
(a)Until a girl reaches the age of physical maturity, her father may marry her to a groom of his choosing. This marriage is as valid as one in which a woman who is of age consents to marry a man of her own choosing (Kesuvos 46b).
(b)If such a girl is subsequently divorced or widowed before she reaches the age of maturity, or if her father died before marrying her off, then the Chachamim allowed her mother and/or oldest brother to marry her off. Such a marriage, however, is valid only mid'Rabanan. In this case she must understand the concept of marriage, which may not occur until she is ten years old and cannot occur at any younger than six years of age. The RAMBAM and the RA'AVAD maintain that if such a girl gets married on her own, it constitutes a valid marriage mid'Rabanan.
(c)If the husband of such a girl wishes to divorce her, her father may accept her Get on her behalf (ibid. 47a). The Beraisa cited by our Gemara teaches that if her father had died, she may accept her own Get.
13)[line 29]ויצאה... והיתה...V'YATZ'AH... V'HAYESAH...- [that she be able to get married in order to be able to get divorced, since they are compared to each other] (see Background to 82:25)
14)[line 31]נולדיםNOLADIM- those who are yet to be born
15)[line 34]אם איתאIM ISA- if it is [true that excluding those who are yet to be born is considered a limitation of the Get]
16)[line 34]עבידי דמיגייריAVIDI D'MIGAIRI- they may convert
17)[line 35]לאו לאיגיורי קיימיLAV L'IGIYUREI KAIMI- they are not on their way to convert
18)[line 36]השתא מיהא לא חזיא ליהHASHTA MIHA LO CHAZYA LEI- she is not now fit for him [to marry, as one may not marry his wife's sister while his wife is alive (Vayikra 18:18)]
19)[line 41]חוץ מזנותיךCHUTZ MI'ZENUSECH- [you are divorced] with the exception of extramarital affairs [which remain as prohibited to you as they were when you were married to me]
20)[line 42]שייר בביאהSHIYER B'VI'AH- he limited [her] relations [which are a part of marriage]
21)[line 44]דעבר ואינסיבD'AVAR V'INSIV- [the concern would have been] that he transgressed and [attempted to] marry her [thereby triggering the Tenai]
22)[line 45]חוץ שלא כדרכהCHUTZ MISHE'LO K'DARKAH- [you are divorced] with the exception of sodomy [with others, which remains prohibited to you]
23)[line 46]"[וְאֶת זָכָר לֹא תִשְׁכַּב] מִשְׁכְּבֵי אִשָּׁה; [תּוֹעֵבָה הִוא]" כתיב"MISHKEVEI ISHAH" KSIV- it is written, "[And do not lie with a man in] the ways in which you would lie with a woman; [it is an abomination]" (Vayikra 18:22; see also 20:13). The plural of "ways" implies that coitus and sodomy are equal in all Halachic aspects of marital relations.
24)[line 46]חוץ מהפרת נדריךCHUTZ ME'HAFARAS NEDARAYICH- [you are divorced] with the exception of [that which I remain able to] annul your vows (see Background to 83:50)
25)[line 47]"... אִישָׁהּ יְקִימֶנּוּ וְאִישָׁהּ יְפֵרֶנּוּ" כתיב"... ISHAH YEKIMENU V'ISHAH YEFERENU" KSIV- it is written, "... her husband shall uphold them and her husband shall annul them" (Bamidbar 30:14) [which implies that one who holds these abilities is her husband]
26)[line 47]חוץ מתרומתיךCHUTZ MI'TERUMASECH- [you are divorced] with the exception of [that which] you [will be prohibited from eating] Terumah [if you marry a Kohen]
27)[line 48]"[וְכֹהֵן כִּי יִקְנֶה נֶפֶשׁ] קִנְיַן כַּסְפּוֹ, [הוּא יֹאכַל בּוֹ...]" כתיב"KINYAN KASPO" KSIV- "[And when a Kohen acquires a person] as a monetary acquisition, [he may eat of it...]" (Vayikra 22:11). This verse describes who may partake of Terumah, and it includes both a slave, who completely belongs to his master, and a wife in whom he has a partial Kinyan Kesef. Since the Kohen whom she married may not feed her Terumah, she is not fully "Kinyan Kaspo." This implies that she is still partially married to her original husband.
28)[line 48]חוץ מירושתיךCHUTZ MI'YERUSHASECH- [you are divorced] with the exception of [that which I will] inherit you
29)[line 49]"[וְאִם אֵין אַחִים לְאָבִיו, וּנְתַתֶּם אֶת נַחֲלָתוֹ] לִשְׁאֵרוֹ [הַקָּרֹב אֵלָיו מִמִּשְׁפַּחְתּוֹ] וְיָרַשׁ אֹתָהּ..." כתיב"... LI'SH'EIRO... V'YARASH OSAH..." KSIV- it is written, "[And if his father has no brothers, then you shall give his inheritance] to his kinsman [who is the closest familial relative to him] and he shall inherit it..." (Bamidbar 27:11). Chazal interpret this verse to mean that "he shall inherit his wife." If he inherits her, therefore, one can understand that she is still his wife in this regard.
30)[line 49]חוץ מקידושיך בשטרCHUTZ MI'KIDUSHAYICH BI'SHTAR- [you are divorced] with the exception of [that which] you [cannot be] married through a document of betrothal (see Background to 81:35)
31)[last line]תיקוTEIKU- see Background to 83:4
32)[last line]גופו של גטGUFO SHEL GET- the main body of [the text of] the Get
85b----------------------------------------85b
33a)[line 1]ודן דיהוי ליכי מינאיV'DEN DI'YEHEVEI LEICHI MINA'I- and this [document] that will be [given] to you from me
b)[line 1]ספר תירוכיןSEFER TEIRUCHIN- [is a] a document of dismissal
c)[line 2]ואגרת שבוקיןV'IGERES SHEVUKIN- and a letter of release
d)[line 2]וגט פטוריןV'GET PETURIN- and a bill of divorce
e)[line 2]למהך להתנסבא לכל גבר דיתצבייןL'MEHACH L'HISNASVA L'CHOL GEVAR DI'SITZAVYAN- to go and marry any man whom you please
34)[line 3]גט שחרורGET SHICHRUR - a document granting a Nochri slave his release (SHICHRUR EVED KENA'ANI)
A Nochri slave (Eved Kena'ani) or maidservant (Shifchah Kena'anis) may attain their freedom in one of two ways:
1.the transferal of money equal to their value to their master for the purpose of releasing them from their bondage,
2.the granting of a Get Shichrur (bill of emancipation) from their master. A slave who was not released in one of these two ways retains his Halachic status of "Eved," which restricts whom he may marry and which Mitzvos he is obligated in.
35)[line 5]פשיטאPESHITA- it is obvious
36)[line 9]למלאכה קאמר להL'MELACHAH KA'AMAR LAH- his [intention was to] inform her [that she may keep her earnings from] her work
37)[line 12]קני ליה גופיהKANI LEI GUFEI- his body belongs to [his master]
38)[line 14]אין לי עסק בךEIN LI ESEK BACH- I have no dealings with you
39a)[line 17]יצא לחירותYATZA L'CHERUS- he goes free [in that he no longer must work for his master as the result of a Rabbinic fine] (even though his master must simultaneously redeem him for up to ten times his value - 44a)]
b)[line 17]וצריך גט שחרורV'TZARICH GET SHICHRUR- and he requires a bill of emancipation [before he may marry a Jewess]
40)[line 19]אונוONO- a document (lit. "its strength," for it empowers its bearer)
41)[line 24]ידים שאין מוכיחות הויין ידים / לא הויין ידיםYADAYIM SHE'EIN MOCHICHOS HAVYAN YADAYIM / LO HAVYAN YADAYIM - Whether or Not Ambiguous Expressions of Intent are Effective
(a)One who wishes to divorce his wife must present her with a "Sefer Kerisus" (lit. document of severance) (Devarim 24:1). In the language of Chazal, this document is called a Get (pl. Gitin).
(b)It must be the Get itself that accomplishes the divorce. One who attempts to divorce his wife verbally, even if he subsequently gives her a Get as proof of his action, has accomplished nothing.
(c)Rebbi Yehudah maintains that it must be clear from the Get itself that the husband intended to divorce his wife with it. Even if the Get proclaims that she is divorced from her husband and is permitted to marry anyone whom she pleases, it is possible that he had attempted to divorce her verbally and gave her the Get afterward as proof of his action. He therefore must include a written statement that it is through the Get that he is divorcing her. This is termed a "Yad Mochi'ach" - an unambiguous "handle." The statement allows us to clearly "grasp" the intentions of the husband.
(c)The Rabanan rule that even a "Yad she'Eino Mochi'ach" - an ambiguous "handle" - is effective. Even if the Get does not clearly state that it is through the Get that she was divorced, we may assume from that which he gave it to her that his intention was to divorce her through it.
42a)[line 31]לא לכתוב "וְדֵין"LO LICHTOV "V'DEIN"- he should not write "v'Dein" [with a Yud]
b)[line 32]דמשמע, "וְדִין"D'MASHMA, "V'DIN"- since it implies, "[I am divorcing you] because it is the law, [but I do not wish to divorce you if it is not incumbent upon me to do so]
43)[line 33]איגרתIGRAS- a) "a roof" (RASHI, TOSFOS); b) "Iy Garis"; i.e., [I am divorcing you] if you have been unfaithful, [but I do not wish to divorce you if you have not been] (MAHARSHAL); c) according to the Girsa IGRA - "wages" (YA'AVETZ)
44)[line 34]לי מהךLI ME'HACH- a) [you are married] to me from [when I give you] this [Get] (simple reading of RASHI; see TOSFOS HA'ROSH); b) I am divorced from you (as opposed to you from me) (OR SAME'ACH)
45)[line 35]כי חוכאKI CHUCHA- as a joke
46a)[line 35]דיתיהוייין... דיתיצביייןDI'SIHEVYAN ... DI'SITZAVYAN- that you should be... whom you please. These words are part of the Tofes (the generic parts of the text) of the Get, which reads, "Patris Yeseichi Leichi, Ant Pelonis bas Peloni, di'Haveis Intesi Min Kadmas Dena, u'Chedu Patris v'Shavkis v'Seruchis Yeseichi di'Sihevyan Rasha'ah v'Shalta'ah b'Nafshaichi l'Mehach l'Hisnasva l'Chol Man di'Sitzavyan, v'Inish Lo Yimachi b'Yadeichi mi'Yoma Denan ul'Alam" - "I hereby divorce you, so-and-so the daughter of so-and-so, who had been my wife beforehand, and I now divorce, release, and dismiss you that you should be authorized and independent (lit. in control of yourself) to go and marry any man whom you please, and no man shall protest your [doing so] from this day and forever."
b)[line 35]תלתא תלתא יודי"ןTELASA TELASA YUDIN- [should be written with] three 'Yud's each
47)[line 36]דמשמע "תהויין" "ותצביין"D'MASHMA "TEHAVYAN" "V'TEZAVYAN"- [since if they were written with two 'Yud's they would read "Tehavyan" and "Tezavyan"] which imply "women (in general) should be" and "whom women (in general) please"
48)[line 37]לורכיהLORCHEI- lengthen a) [more than a regular 'Vav'] (RAN citing TOSFOS); b) [enough that it will not be confused with a 'Yud', but not mare than a regular 'Vav' lest it be confused with a final 'Nun'] (RAN, RITVA)
49a)[line 38]דמשמע "תריכין" "ושביקין"D'MASHMA "TEIRICHIN" "U'SHEVIKIN"- [since if the Vav of "Teiruchin" looks like a Yud instead of a Vav it would read "Teirichin"] which implies a) "dismissal of women (in general)" and [if the Vav of "Shevukin" looks like a Yud instead of a Vav it would read "Shevikin"] which implies "the release of women (in general)" (RASHI); that she is dismissing him and that she is releasing him (RAN)
50a)[line 39][ו]כדו[U']CHEDU- [and] now (see above, entry #46a)
b)[line 39]דמשמע וכדיD'MASHMA U'CHEDI- [since if the Vav of "u'Chedu" looks like a Yud instead of a Vav it would read a) "u'Chedi"] which implies "and [I have divorced you] without anything (i.e., without a Get (RASHI); b) "u'Chedei"] which implies "and [I have divorced you] conditionally (RAMBAM, cited by the HAAHOS HA'BACH)
51)[line 42]אתקין רבא בגיטיASKIN RAVA B'GITEI- Rava decreed regarding Gitin [that they should be written as follows]
52a)[line 42]איך פלניא בר פלניאEICH PELANYA BAR PELANYA- how so-and-so the son of so-and-so
b)[line 43]פטר ותריך ית פלוניתא אינתתיהPATAR V'SARICH YAS PELONISA INTESEI- divorced and dismissed his wife so-and-so
c)[line 44]דהות אינתתיה מן קדם דנאD'HAVAS INTESEI MIN KADAM DENA- who had been his wife beforehand
d)[line 44]מיומא דנן ולעלםMI'YOMA DENAN UL'ALAM- from this day and forever
53)[line 45]כולהוKULHU- all [of the other details that must be written in a Get] (e.g., "that you should be authorized and independent to go and marry any man whom you please")
54)[last line]זמנו של שטר מוכיח עליוZEMANO SHEL SHTAR MOCHI'ACH ALAV - The Date of a Document Proves when it was Intended to Take Effect
(a)Every document, monetary or otherwise, must be dated to the current monarchy in order to be valid.
(b)Rebbi Yosi maintains that unless otherwise specified, the date implies the time at which that which is described in the document is intended to take effect, even if this involves a retroactive trigger. For example, if one bequeaths specific objects to one of his sons, this will not take effect unless he specifies within the document that this should take effect before his death. Otherwise, the Torah-mandated order of inheritance takes precedence at the time of death. Rebbi Yosi maintains that the date on the document proves that the deceased wished his orders to have retroactively taken effect then, and no further condition is necessary.
(c)Our Gemara refers to the application of this ruling of Rebbi Yosi which states that a date written in a Get implies that the husband wished for his wife to have been retroactively divorced from that date (see Insights to 72a). Although we rule according to this opinion of Rebbi Yosi, Rava wished that Gitin be valid according to all opinions.