Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : as Beit Shammai hold: A person does engage in licentious sexual intercourse. Although they were seen engaging in sexual intercourse, one cannot assume that he intended to betroth her, since they were recently divorced. The assumption is that they were simply engaging in licentious sexual intercourse. Consequently, he is not required to give her a second bill of divorce.

Traduction française en préparation — version anglaise (Steinsaltz) : And Beit Hillel hold: A person does not engage in licentious sexual intercourse. Therefore, he had the intention to betroth her, and he must give her another bill of divorce. But if they did not see that she engaged in sexual intercourse, even though they spent the night together at an inn, everyone agrees that she does not require a second bill of divorce from him, as there is no concern that perhaps they engaged in sexual intercourse.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara challenges this understanding of the mishna: We learned in the mishna that Beit Hillel concede that when she was divorced following the state of betrothal, she does not require a second bill of divorce from him because he is not accustomed to her. And if the mishna is referring to a case in which they saw that she engaged in sexual intercourse, what is the difference to me if it was following the state of betrothal and what is the difference to me if it was following the state of marriage? In either case, they saw that she engaged in sexual intercourse.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather it can be explained that the mishna is actually speaking about a case in which they did not see that she engaged in sexual intercourse. Rabbi Yoḥanan stated his opinion in accordance with the statement of that tanna. As it is taught in a baraita that Rabbi Shimon ben Elazar said: Beit Hillel and Beit Shammai did not disagree about a case where they did not see that she engaged in sexual intercourse. Everyone agrees that in such a scenario, she does not require a second bill of divorce from him.

Traduction française en préparation — version anglaise (Steinsaltz) : With regard to what case did they disagree? They disagreed about a case where they saw that she engaged in sexual intercourse. As Beit Shammai say: A person does engage in licentious sexual intercourse. And Beit Hillel say: A person does not engage in licentious sexual intercourse. Rabbi Shimon ben Elazar disagrees with the mishna.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And as for the mishna, which we established as discussing a case in which they did not see that she engaged in sexual intercourse, with regard to what do they disagree? The Gemara answers: They disagree about a case in which there are witnesses to their seclusion, but there are no witnesses to an act of sexual intercourse.

Traduction française en préparation — version anglaise (Steinsaltz) : With regard to such a case, Beit Shammai hold: We do not say that these are the witnesses of seclusion, these are the witnesses of sexual intercourse. According to Beit Shammai, although there are witnesses that they were secluded, this is not considered to be tantamount to testimony that they engaged in sexual intercourse. And Beit Hillel hold: We do say that these are the witnesses of seclusion, these are the witnesses of sexual intercourse. Since it is assumed that they engaged in sexual intercourse, she is required to obtain a second bill of divorce from him.

Traduction française en préparation — version anglaise (Steinsaltz) : And Beit Hillel concede that when she was divorced following the state of betrothal, she does not require a second bill of divorce from him, even if they were alone together. For since he is not accustomed to her, we do not say that these are the witnesses of seclusion; these are the witnesses of intercourse.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But did Rabbi Yoḥanan actually say this, that Beit Hillel require a second bill of divorce only when witnesses saw that they engaged in sexual intercourse? But didn’t Rabbi Yoḥanan say: The halakha in all cases is like an unattributed mishna. And we established the mishna to be discussing a case in which they did not see that she engaged in sexual intercourse. How then does Rabbi Yoḥanan rule contrary to the mishna? The Gemara answers: They are amora’im, and they disagree with regard to the opinion of Rabbi Yoḥanan. Some of them hold that Rabbi Yoḥanan does not always rule in accordance with an unattributed mishna.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: If a woman was married by her second husband on the basis of receiving a bare bill of divorce, i.e., a folded and tied bill of divorce that is missing signatures, she must leave both this, the first husband, and that, the second husband. And all of those previously mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier mishna (79b) apply to her in this case as well.

Traduction française en préparation — version anglaise (Steinsaltz) : With regard to a bare bill of divorce; anyone, even those who are disqualified from bearing witness, can complete it, i.e., sign it in addition to the primary witnesses, so that it will not remain bare. This is the statement of ben Nannas. Rabbi Akiva says: Not all who are disqualified from bearing witness can complete it. Rather, only relatives who are fit to testify in another case. Rabbi Akiva permits only the inclusion of witnesses who would ordinarily be valid witnesses, but who are invalid here because they are relatives of either the husband and wife or the other witnesses.

Traduction française en préparation — version anglaise (Steinsaltz) : And what is a bare bill of divorce? It is any bill of divorce where the number of its folds is more than the number of its witnesses. In a folded and tied bill of divorce, the bill of divorce is folded and the folds are then tied. Instead of having two witnesses sign at the bottom of the document, witnesses would sign on each tied fold. A bare bill of divorce has more folds than signatures, i.e., some folds lack signatures.