Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : isn’t the woman a divorcée with regard to engaging in licentious behavior with him? The husband stipulated that she not marry that man, but he did not prohibit her from engaging in licentious behavior with him. Therefore, she is considered a divorcée with regard to him as well. This removes the a fortiori inference, as with regard to all other men she is not considered married at all. Rather, the objection was clearly raised with regard to a case of exception.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: If Rabbi Akiva holds that Rabbi Eliezer is referring to a case of an exception, he should raise an objection with regard to an exception, and if he holds that Rabbi Eliezer is referring to a case of a stipulation, he should raise an objection with regard to a case of a stipulation. Why does he raise one objection with regard to an exception and then another with regard to a stipulation?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Rabbi Akiva heard that there is someone who states Rabbi Eliezer’s ruling with regard to an exception, and there is someone else who states it with regard to a stipulation. He therefore raised objections with regard to both exceptions and stipulations; according to the one who says that it is with regard to an exception, this is the refutation, and according to the one who says that it is with regard to a stipulation, that is the refutation.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: What is the refutation that Rava found for Rabbi Akiva’s second objection? If we say that it is that the prohibition against marrying into the priesthood is different, and therefore the halakhot of adultery and divorce cannot be inferred from it, doesn’t Rabbi Eliezer also derive his opinion from the prohibition against marrying into the priesthood? Rabbi Yoḥanan stated (82b) that Rabbi Eliezer’s ruling is derived from the verse that states with regard to priests: “Neither may they take a woman divorced from her husband” (Leviticus 21:7), indicating that even if a woman was divorced only from her husband and was not permitted to marry others, she is disqualified from marrying into the priesthood as a divorcée.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: Rava taught his statement in accordance with the opinion of Rabbi Yannai, who said in the name of one elder that Rabbi Eliezer’s opinion is derived not from the prohibition against marrying into the priesthood, but from the verse: “And she departs out of his house, and goes and becomes another man’s wife” (Deuteronomy 24:2), which indicates that even if he divorced her in a manner that permitted her to marry only one other man, the divorce takes effect. Therefore, Rava refutes Rabbi Akiva’s latter objection by claiming that the prohibition against marrying into the priesthood is different from other prohibitions and cannot be compared to them.

Traduction française en préparation — version anglaise (Steinsaltz) : It is stated in the baraita that Rabbi Yehoshua said to them: One does not refute the opinion of a lion after his death. The Gemara asks: Is this to say that Rabbi Yehoshua holds in accordance with the opinion of Rabbi Eliezer? But doesn’t he also raise a refutation against Rabbi Eliezer’s opinion?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers that this is what he was saying to them: I also have a refutation against Rabbi Eliezer’s opinion, but both my objection and yours should not be raised, as one does not refute the opinion of a lion after his death.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And what is Rabbi Yehoshua’s refutation? It is as it is taught in a baraita: Rabbi Yehoshua said that the passage: “When a man takes a wife, and marries her, and it comes to pass, if she finds no favor in his eyes, because he has found some unseemly matter in her, and he writes her a scroll of severance, and gives it in her hand, and sends her out of his house; and she departs out of his house, and goes and becomes another man’s wife” (Deuteronomy 24:1–2), juxtaposes the woman’s status before the second marriage to her status before the first marriage. It should be derived from here that just as before the first marriage she is not bound to another man, so too, before the second marriage she is not bound to another man. Therefore, a woman cannot remarry if she is still bound to her ex-husband due to a qualification that prohibits her from marrying a certain man.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara discusses the matter itself that was mentioned above in passing: With regard to a case where a man divorces his wife and said to her: You are hereby permitted to marry any man except for so-and-so, and she went and married someone from the general public and was subsequently widowed or divorced from him, Rabbi Eliezer concedes that she is now permitted to marry the man whom she was initially prohibited from marrying.

Traduction française en préparation — version anglaise (Steinsaltz) : The baraita continues: Rabbi Shimon bar Elazar raised a refutation to Rabbi Eliezer’s statement: Where do we find a situation where this person prohibits something and that other person permits it? How can the first husband render the woman prohibited from marrying a certain man and her second husband render her permitted to do so after his death or their divorce?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara questions this refutation: Is there not such a situation? But isn’t there the case of a yevama, a woman whose husband dies childless, and he deems her forbidden to other men while she waits for his brother, her yavam, to perform levirate marriage with her, and the yavam, after performing levirate marriage with her, deems her permitted in the event of divorce or his death?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara answers: There, it is the yavam who renders her forbidden, since if not for the yavam, i.e., if her deceased husband did not have any brothers, she would have already been released from her bond to her husband and permitted to marry any man. It is only the existence of the yavam that prevents her from marrying other men. Therefore, it is he who renders her permitted.