Yesterday’s daf TB Gittin 82 analyzes what does the word ella (אֶלָּא ) mean when Rabbi Eliezer teaches in the Mishna “With regard to one who divorces his wife and said to her while handing her the bill of divorce: You are hereby permitted to marry any man except [ella] for so-and-so, Rabbi Eliezer permits her to remarry based on this divorce.” (Sefaria.org translation) Of course, the rabbis disagree with Rabbi Eliezer.
Does ella mean except (חוּץ) or on condition
(עַל מְנָת)? “The Gemara elaborates on how this dilemma affects the
understanding of the dispute between Rabbi Eliezer and the Rabbis: Does ella
mean except, and therefore it is specifically with regard to
the exception of a certain man from the intended divorce that the
Rabbis disagree with Rabbi Eliezer and hold that the divorce is invalid?
This would be because in a case where the husband noted an exception, it
is as if he left out part of her bill of divorce; since she is
not permitted to remarry anyone she wishes it does not entirely sever the bond
between them. But with regard to divorce on the condition that
she will not marry a certain man the Rabbis agree with Rabbi Eliezer
that it is valid, just as is the case with regard to any typical
condition which the husband attaches to the divorce of his wife.
"Or
perhaps this is
the meaning of ella: On the condition? Accordingly, it is
specifically with regard to divorce on the condition that the
wife will not marry a certain man that Rabbi Eliezer disagrees with the
Rabbis and allows her to remarry based on this divorce; but with regard
to the exception of a certain man from the woman’s right to remarry he
concedes that the divorce is invalid as the husband left out
part of her bill of divorce.” (Sefaria.org translation)
On today’s daf TB Gittin 83 five rabbis try to
refute Eliezer’s statement. Some understood ella
as except and some understood ella as
on condition. The Gemara poked holes in all of the refutation except Rabbi
Elazar ben Azarya’s refutation. He holds for a get to be valid it must completely
separate husband from wife entirely. “Rabbi Elazar ben Azarya responded,
saying: What is the meaning of the expression: “Scroll of severance,”
which is used in the Torah for a bill of divorce? It means something that
severs the bond between him and her entirely. This woman, by
contrast, is still bound to her husband after their divorce, as his stipulation
prevents her from marrying a certain man. You have therefore derived that
this is not an act of severance.” (Sefaria.org translation)
The whole
purpose of divorce is to create a complete separation. Having the former
husband still control some aspect of his former wife is legally and morally
wrong. The Gemara gives a couple of cases where the get is invalid when the
husband retains some control over his wife after the divorce. “
“The Gemara
asks: And what do the other Rabbis, who did not refute Rabbi
Eliezer’s opinion in this manner, do with this term “severance”?
How do they interpret it? The Gemara answers: They need it for that which is
taught in a baraita: If a man says to his wife: This is your bill
of divorce on the condition that you will not ever drink wine, or: On
the condition that you will never go to your father’s house, that is not an
act of severance, as she remains restricted by him indefinitely. If he
stipulates that she may not do so for thirty days, that is an act of severance.
The Rabbis derive from the term severance that any indefinite condition
prevents the divorce from taking effect.” (Sefaria.og translation)
When the get is invalid because
there’s no complete severance, the husband is still on the hook to provide all
the needs of his wife they tried to divorce.
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