Traité Kiddushin

Traduction française en préparation — version anglaise (Steinsaltz) : and another man came and said to her: You are hereby betrothed to me from now and after ten days, she requires a bill of divorce from the first man and last man, but she does not require a bill of divorce from the middle one.

Traduction française en préparation — version anglaise (Steinsaltz) : Abaye explains: This is the halakha whichever way you look at this case: If this expression is a condition that she should be betrothed from now if he does not retract within thirty days, the betrothal of the first man is a betrothal, whereas the betrothals of those other men are not betrothals. If it is a retraction, i.e., if after saying: From now, he changed his mind and delayed the moment of betrothal, then only that betrothal of the last one is a betrothal, whereas the betrothals of those first two men are not betrothals, as they both postponed their betrothals to a later date. Either way, the betrothal of the middle man is of no consequence.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: It is obvious that this is the case; what is the novelty of Abaye’s statement? The Gemara answers: Lest you say that this formulation means a condition and also means a retraction, and therefore she should require a bill of divorce from each and every one of them, including the middle man, due to the uncertainty. It is possible the first man retracted while the second one imposed a condition, in which case only the betrothal of the second person takes effect. Abaye therefore teaches us that according to the opinion of Rav, the uncertainty concerns the meaning of this expression itself, and there is no uncertainty with regard to the intention of each individual person who says this formula. Consequently, there is no possibility that this woman is betrothed to the middle man.

Traduction française en préparation — version anglaise (Steinsaltz) : Ulla says that Rabbi Yoḥanan says: Even if one hundred betrothed her in this manner, their betrothal is effective with regard to her. And similarly, Rabbi Asi says that Rabbi Yoḥanan says: Even the betrothal of one hundred is effective with regard to her. Rav Mesharshiyya, son of Rav Ami, said to Rabbi Asi: I will explain to you the reason of Rabbi Yoḥanan: These one hundred men have rendered themselves like a row [sheraga] of bricks, each and every one of whom leaves a gap for the other. Since there is a period of time before the betrothal of each man takes effect, another betrothal can intervene in the meantime.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ḥanina raises an objection to this ruling from a baraita: If one says to his wife: This is your bill of divorce from today and after my death, there is uncertainty whether it is a valid bill of divorce or whether it is not a valid bill of divorce. And therefore if he dies she performs ḥalitza, but does not enter into levirate marriage. Since she might not be divorced, the obligation of levirate marriage applies to her, but in practice she cannot perform levirate marriage in case she was in fact divorced and is thereby forbidden to her late husband’s brother, a transgression which is punishable by karet.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Ḥanina explains his objection: Granted, according to the opinion of Rav, the baraita supports him, as Rav maintains that the meaning of this expression is uncertain. According to the opinion of Shmuel as well, although he claims that the phrase is a condition rather than a retraction, he can explain as follows: In accordance with whose opinion is this baraita? It is in accordance with the opinion of the Rabbis, who claim in that case that it is uncertain if she is divorced, and I, Shmuel, say my ruling in accordance with the opinion of Rabbi Yehuda HaNasi.

Traduction française en préparation — version anglaise (Steinsaltz) : But according to the opinion of Rabbi Yoḥanan, who said that this is a phrase that leaves room for additional betrothals, in a case where he uses this phrase with regard to a bill of divorce, this should not be the halakha, as there is a principle: Any bill of divorce that leaves a remnant of the marital bond is not worth anything, as a bill of divorce must completely sever the marital bond between the husband and the wife. If this bond is not fully severed, she is not divorced. Therefore, her late husband’s brother should be allowed to enter into levirate marriage with her.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said: Since a bill of divorce serves to remove a wife from her husband, and death also serves to remove her and dissolve their marital ties, permitting the woman to remarry, one can say that whatever part is left over from that bill of divorce is nevertheless completed by death, and therefore there is a complete act of severance. Abaye said to him: Are the two comparable; can these stages be viewed as completing one another? A bill of divorce removes her not only from her husband’s authority but also from the authority of the yavam, as a divorced woman does not perform levirate marriage, whereas death brings her into the authority of the yavam, because it renders her obligated in levirate marriage.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, Abaye said: One must reject the above explanation, and ask what is the reason there for the concern about that bill of divorce, according to the opinion of Rabbi Yoḥanan? It is not because the bill of divorce is in any way valid. Rather, it is a rabbinic decree due to the case of one who says to his wife: This is hereby your bill of divorce from today if I die. Everyone agrees that this is a bill of divorce that goes into effect from that day if he dies. Since one might confuse the two cases, the Sages decreed that if one says: This is hereby your bill of divorce from today and after my death, the bill of divorce is considered valid to the extent that the woman does not enter into levirate marriage.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But let us also issue a decree in a case where he said: This is hereby your bill of divorce from today if I die, that she should perform ḥalitza, due to its similarity to a bill of divorce that includes the stipulation: This is hereby your bill of divorce from today and after my death. The Gemara answers: The Sages do not require her to perform ḥalitza, as, if you say that she performs ḥalitza, people will mistakenly think that the yavam performed ḥalitza because he did not want to marry her, and if he had wanted to she could have entered into levirate marriage. In fact, she is divorced and is forbidden to the yavam, and a decree of this kind could mislead people and result in a later transgression.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: Here too, in the case of where he says: This is hereby your bill of divorce from today and after my death, if you say that she performs ḥalitza, people will mistakenly say that she could have entered into levirate marriage. The Gemara answers: This concern is not important, as let her perform levirate marriage and there is no problem with that. The fact that she is treated as a divorcée and is forbidden to the brother-in-law is merely a concern of the Sages, who enacted a decree due to the similarity of the case where one says: This is hereby your bill of divorce from today if I die, whereas it is in fact not a bill of divorce and it is permitted for her to enter into levirate marriage.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: With regard to one who says to a woman: You are hereby betrothed to me with this peruta on the condition that I will give you two hundred dinars, she is betrothed immediately and he shall give her the money. If he said to her that the betrothal is: On the condition that I will give you a particular sum of money from now and until thirty days, if he gave the money to her within thirty days she is betrothed, but if not, she is not betrothed.