Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : This is the statement of Rabbi Meir, who is particular about maintaining peaceful relations with the kingdom, with regard to bills of divorce. But the Rabbis say: Even if he wrote a date on the bill of divorce only in the name of the guardsman [santar] in the city, she is divorced, since it is irrelevant which calendrical system was used for the date.

Traduction française en préparation — version anglaise (Steinsaltz) : It is related that there was a certain bill of divorce in which the date was written in the name of the governor [istandera] of the city of Bascar, i.e., the date was marked according to the years of his government. Rav Naḥman bar Rav Ḥisda sent this dilemma before Rabba: What is the halakha in a case like this?

Traduction française en préparation — version anglaise (Steinsaltz) : He sent him in response: With regard to this, even Rabbi Meir concedes that the bill of divorce is valid. What is the reason? The governor is an official from that kingdom, so the ruler of the kingdom does not mind.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And in what way is this case different from the guardsman in the city? The Gemara answers: There, it is demeaning for them that the date is written in the name of an unimportant official. Here, with regard to the governor, it is complimentary for them that the date is written in the name of a senior official.

Traduction française en préparation — version anglaise (Steinsaltz) : Rabbi Abba says that Rav Huna says that Rav says: This mishna is in accordance with the statement of Rabbi Meir, who is stringent with regard to this bill of divorce and holds that the child is a mamzer. But the Rabbis say: The lineage of the offspring is unflawed. And the Rabbis concede to Rabbi Meir, that if he changed his name or her name, the name of his city or the name of her city, the offspring is a mamzer.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ashi says: We, too, learn in the mishna: If he changed his name or her name, the name of his city or the name of her city, and she remarried on the basis of this bill of divorce, then she must leave this husband and that husband, and all of those ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her.

Traduction française en préparation — version anglaise (Steinsaltz) : It is necessary to clarify who teaches this halakha? If we say that it is Rabbi Meir, let him combine the case of one who writes a different kingdom, and the case of one who changes the names, and teach them both as one halakha. Rather, conclude from it that this halakha is the opinion of the Rabbis. The Gemara concludes: Conclude from it that until this point the mishna was quoting the statement of Rabbi Meir, but subsequently it is the statement of the Rabbis that is quoted, that in a case of such a fundamental change, even in their opinion such a bill of divorce is invalid.

Traduction française en préparation — version anglaise (Steinsaltz) : § It was taught in the mishna that in all of those cases in which they said that a man who died and left behind a widow who is to the yavam one of those with whom relations are forbidden, and the rival wives were thought to be permitted to remarry, if it later became clear that the forbidden relation was an ailonit and therefore they were in fact forbidden from remarrying, then they must leave the man whom they remarried, and they cannot enter into levirate marriage with the yavam, and many other penalties apply to them as well. The Gemara comments: It is possible to deduce from the language used by the mishna that only if they married other men, then yes, these halakhot apply to them. But if the rival wives engaged in licentious sexual intercourse, then no, these halakhot do not apply to them.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: Let us say that this is a conclusive refutation of the opinion of Rav Hamnuna, as Rav Hamnuna says: A widow awaiting her brother-in-law to perform levirate marriage who engaged in licentious sexual intercourse is likened to a married woman who committed adultery, and she is prohibited from entering into levirate marriage with her yavam.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this: No, this is not a refutation, since it is possible to explain that the mishna gave the example that they married, and the same is true in a case where they engaged in licentious sexual intercourse. And this that the mishna teaches: If they married, is because it employed a euphemistic expression, to refrain from discussing a case of licentiousness.

Traduction française en préparation — version anglaise (Steinsaltz) : And there are those who say that the exchange went as follows: From the mishna’s statement about the rival wives that remarried, one can understand that the halakha is so if they married, and the same is true in a case where they engaged in licentious sexual intercourse.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara suggests: Let us say that it supports the opinion of Rav Hamnuna, as Rav Hamnuna says: A widow awaiting her brother-in-law to perform levirate marriage who engaged in licentious sexual intercourse is prohibited from entering into levirate marriage with her yavam.