Torah Community Connections

Week 88 - Wednesday - 1 August 2001

GITTIN: CHAPTER 9: MISHNAH 10

Bet Shammai say, A man may not divorce his wife unless he finds in her something unseemly, as it is written, "because he has found some unseemly thing in her" (Deut. 24;I). But Bet Hillel say, Even if she spoiled his food, as it is written, "because he has found some unseemly thing in her." Rabbi Akiva says, Even if he finds another more comely than her, as it is written, "and it shall be, if she find no favor in his eyes" (ibid.)

Kehati

In our mishnah, which concludes the Tractate, Bet Shammai, Bet Hil1el, and Rabbi Akiva differ on the reasons for which a man may divorce his wife.

Bet Shammai say, A man may not divorce his wife unless he finds in her something unseemly - unchastity, as it is written, "because he has found some unseemly thing in her" - and the verse continues, "he writes her a bill of divorce."

But Bet Hillel say, Even if she spoiled - burned his food - i.e., she does not look after his household, i.e., she is recalcitrant and does not respect his wishes (Hameiri), as it is written, "because he has found some unseemly thing in her" - Bet Hillel interpret this verse as implying two factors - "unseemly" or "thing," i.e., either because of "unseemly" (unchaste) behavior or because of some other "thing" which causes enmity between them.

Rabbi Akiva says, Even if - he finds nothing censurable in her actions, but he finds another more comely than her - i.e., if his wife no longer pleases him, he may divorce her, as it is written, "and it shall be, if she find no favor in his eyes" - Rabbi Akiva interprets the following clause "because he has found some unseemly thing in her," to mean or he has found some unseemly thing in her. I.e., a man may divorce his wife because she no longer pleases him, or because of unchaste conduct, or because of something which causes enmity between them. The law is in accordance with Bet Hillel. Concluding our Tractate, the Gemara cites the following: "'For I hate sending away' (Mal. 2:16) - Rabbi Yehudah says, If he hates her, he sends her away. Rabbi Yohanan says, The one who sends his wife away is hated, and there is no conflict: one speaks of the first marriage, and the other of the second marriage, for Rabbi Eleazar said, Whoever divorces his first wife, even the Altar sheds tears over him, as it is written, 'And this further you do: you cover the altar of the Lord with tears, with weeping, and with sighing... Yet you say, Wherefore? Because the Lord has been witness between you and the wife of your youth, against whom you have dealt treacherously, though she is your companion, and the wife of your covenant"'. (Mal. 2:13-14).

KIDDUSHIN: CHAPTER 1: MISHNAH 1

A woman is acquired in three ways and acquires herself in two ways. She is acquired with money, or with a document, or through marital relations. With money - the School of Shammai says, With a dinar or with the equivalent of a dinar; the School of Hillel says, With a perutah or with the equivalent of a perutah. And how much is a perutah? One eighth of an Italian issar. She acquires herself with a bill of divorce or through the death of her husband. The yevamah is acquired through marital relations and acquires herself with halitzah, or through the death of the yavam.

Kehati

We explained at the beginning of Tractate Ketubot that in former times, the two components of marriage, kiddushin and nisu'in, were celebrated separately. The first stage of this marriage process was the kiddushin, or erusin (engagement) held in the presence of two witnesses, at which the woman became the man's arusah (betrothed). Although legally bound to her new husband, the bride remained in her parents' home until the nisu'in (marriage). The couple now entered the hupah (bridal canopy), after which the husband took the woman to his home as his wife. Today, however, since our custom is for kiddushin to take place together with the hupah, the laws particular to erusin are no longer relevant.

Tractate kiddushin deals with the laws governing betrothal. It teaches with which articles the act of kiddushin can be carried out, how and by whom the kiddushin is performed, with whom the act of kiddushin is considered legally binding (even when it involves transgression) and with whom it is not, and so forth. The tractate also deals with related issues: e.g., legal methods of acquisition, and problems of lineage. The mishnah begins by enumerating the methods with which kiddushin is effected. The Talmud explains that since the first method mentioned in the mishnah, "with money," involves kinyan, (legal acquisition of property), the mishnah uses the term "to acquire." The passive form of this term is used, i.e., "a woman is acquired" rather than "a man acquires a woman," since the woman must willingly accept the man's offer for kiddushin to be effective.

The last part of the mishnah deals with the yevamah. According to Torah law, if a man dies without children, one of his brothers must marry his widow (Deut. 25:5-lO). This act is called yibum and the widow a yevamah. The deceased's brother, the yavam, can extricate himself and free the yavamah from this obligation with halitzah, a form of divorce.

A woman is acquired - by a man to be his betrothed, after which she may not become engaged nor is she available in any way to another man during his lifetime, unless he divorces her, in three ways - in one of the three ways mentioned in the mishnah, and acquires herself - from her husband, i.e., she regains independence and is free to marry another man, in two ways - in one of the two ways detailed in the mishnah.

She is acquired with money - the man gives her money in the presence of two witnesses and says: "Behold, you are betrothed to me by accepting this," or with a document - on which the man writes, "Behold, you are betrothed to me," and which he gives her in the presence of witnesses, or through marital relations - the couple, in the presence of witnesses, enter a secluded place. There, the man engages in intimate relations with the woman, with the intent of betrothing her. (The witnesses only observe the entry into the secluded place but not the act itself.) The Talmud (Kidd. 2, 4b, 5a) explains how these three methods are derived from the Torah: "with money" - the Torah states: "When a man takes (Heb. yikah) a wife..." (Deut. 24:1), yikah taking implies purchase with money, as it is written concerning Abraham's purchase of Ephron's field: "I am giving you the money for the field. Take (Heb. kah,) it from me" (Gen. 23:13). Thus, by analogy, we learn that kihah refers to acquiring with money; "with a document" - the Torah states, "she departs from his house, and may go and become another man's wife" (Deut. 24:2). The juxtaposition of departure (divorce) and the becoming (betrothal) in the same verse teaches that they are to be likened to each other, - just as a document, i.e., a bill of divorce, effects a woman's departure from her husband, so also does it effect her entry (betrothal); "marital relations" - it is explicitly stated "When a man takes a wife and has marital relations with her" (Deut. 24:1).

With money - the amount of money necessary for kiddushin to be effective is subject to a controversy between the School of Shammai and the School of Hillel: the School of Shammai says, with a dinar, or with the equivalent of a dinar - a man, effecting betrothal by means of money, must give at least a silver dinar, or an article equivalent to its value. The dinar was worth a quarter of a selah; the School of Hillel says, with a perutah or with the equivalent of a perutah's value - a man may betroth a woman by giving her a perutah, or an object of this value. And how much is a perutah? One eighth of an Italian issar - an issar is worth 1/24 of a dinar. Thus a perutah is worth 1/192 of a dinar.

She acquires herself with a bill of divorce - as it is written, "that he write her a bill of divorce" (Deut. 24:1), or through the death of her husband - as it is written, "if her latter husband hates her, and writes her a bill of divorce, and gives it into her hand, and sends her from his home; or if the latter husband dies" (Deut. 24:3). The laws of divorce and death are equated. The Gemara (Kidd. 1 3b) explains that the mishnah specifies "three" methods of acquisition, i.e., "A woman is acquired in three ways, with money, etc. rather than "A woman is acquired with money, etc." to exclude acquisition through halifin (see mishnah 6), and specified the number two with regard to the ways by which a woman gains her independence, to exclude the use of halitzah.

The yevamah is acquired - by the yavam to become his wife, through marital relations - as it is written, "Her yavam will have marital relation with her and take her as his wife" (Deut. 25:5). The use of money or a document, however, is not effective in acquiring her. Nevertheless, the Sages enacted that the giving of money or a document by one of the brothers singles out the yevamah for himself, and forbids her to the others. This is called betrothal by ma'amar, i.e., making her "spoken for." Ma'amar does not, however, formalize any relationship between this brother and the yevamah, nor does it absolve her from the obligation of halitzah, and acquires herself with halitzah - lit. "the removal of the shoe," as it is written, "His name will be known as the one whose shoe was removed" (Deut. 25:10)." After halitzah, the yevamah is permitted to marry any Jew (Kidd l4a), or through the death of the yavam - we learn this a fortiori, i.e., if death grants a married woman independence, it certainly has the same effect with regard to a yevamah.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives