Mishnah Gittin 1,3,9: The Law of Divorce

 

The halakhah required that divorce documents be written for the specific woman and that it be certain that this was the case before the writ would be honored. Divorces had to be complete and fixed, severing all legal relationships between the parties.

1-1 One who brought a bill of divorce from beyond the sea¹⁵⁴ must say, “It was written in my presence and signed in my presence.” Rabban Gamliel says, “even if he brought it from Rekem or Heger.”¹⁵⁵ Rabbi Eliezer says, “even from Kefar Luddim to Lod.”¹⁵⁶

But the Sages say, “Only one who brings a divorce document from a city beyond the sea need say, ‘It was written in my presence and signed in my presence.’ One who brings it from one province to another within a country beyond the sea must say, ‘It was written in my presence and signed in my presence.’” Rabban Simeon ben Gamliel says, “even from one jurisdiction to another jurisdiction within a province.”

3-1 Any bill of divorce which was not written specifically for the particular woman is not valid. How is it possible that a bill of divorce could have the correct data if not written for a particular woman? If a man was passing through the marketplace and heard the scribes reading a sample bill of divorce in order to instruct their students, “So-and-so is divorcing so-and-so of such-and-such a place,” and he said, “that is my name and that is the name of my wife,” that is not a valid document for divorcing his wife. Furthermore, if he had had a bill of divorce written to divorce his wife but changed his mind, and a man of his city found him and said, “My name is like yours and my wife’s name is like your wife’s name,” it is not a valid document for the second man to divorce his wife. Furthermore, if he had two wives of like names and he had had a bill of divorce written to divorce the elder, he may not divorce the younger one with it. Moreover, if he said to the scribe, “Write it so that I may divorce with it whomever I wish,” it is not a valid document for divorcing anyone.

9-1 One who divorced his wife and said to her, “You are free to marry any man but so-and-so,” Rabbi Eliezer permits it but the Sages forbid it. What should he do? He should take the bill of divorce from her and give it to her again and say, “Behold, you are free to marry any man.” However, if he had written the exception in the document, even if he went back and erased it, it is not valid.

153. Trans. S. Berrin.

154. Usually understood as any city outside the Land of Israel.

155. Places on the eastern boundaries of the Land of Israel.

156. A very short distance.

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