Why isn’t the Mishnah consistent in its examples? TB Yevamot 31

 Rabba and Abaye’s disagreement begins with the Mishnah on daf TB Yevamot 30b and continues on today’s daf TB Yevamot 31. Both come to answer a very simple question. Why isn’t the Mishnah consistent in its examples? First the Mishnah:

“MISHNA: And if any of these fifteen women who are prohibited as forbidden relatives had undergone a betrothal or divorce whose status is uncertain (safek-סְפֵק) with the deceased brother, then those women who were their rival wives must perform ḥalitza and may not enter into levirate marriage since they are possibly the rival wives of forbidden relatives. The mishna elaborates: How could there be a situation of uncertainty with regard to betrothal? If in the public domain he threw her an item for the purpose of betrothal and there were eight cubits between them, and the item was possibly closer to him and did not enter into her domain, and possibly closer to her, i.e., within four cubits of her, whereby she could acquire the object, this is a case of uncertainty with regard to betrothal.

“Uncertainty with regard to divorce occurs when, for instance, he wrote a bill of divorce in his handwriting but there are no signatures of witnesses on the document, or there are the signatures of witnesses on the document but there is no date written in it, or the date is written in it but there is only the signature of a single witness. Since there is doubt as to whether these three kinds of bills of divorce are valid, a woman who was divorced through them is only possibly divorced, and so this case is called uncertainty with regard to divorce.” (Sefaria.org translation)

The question is simple. Concerning betrothal, the doubtful case’s example is when a person throws an item for the purpose of betrothal and we don’t know whether it landed closer to her or closer to him. We would logically think the same case would be used as an example concerning divorce i.e. the man through the get, the bill of divorce, and we don’t know whether it landed closer to her or closer to him. However, this is not the example given in the Mishna as an uncertainty with regard to divorce.

“The Gemara asks: What is the reason the mishna did not present this situation as well? Rabba said: When this type of uncertainty exists, the performance of ḥalitza is not mandatory, as this woman, the rival wife, has the presumptive status (חזקה) of being permitted to marry a man from the general public. At the time of her marriage she was rendered a rival wife of a forbidden relative. And due to an uncertainty alone would you render her forbidden to the general public until she performs ḥalitza, simply because it is unclear to us whether or not the forbidden relative had indeed been divorced? Do not render her forbidden due to an uncertainty. This is not, however, the case with the various bills of divorce mentioned in the mishna, for they are all certainly considered effective bills of divorce, even if the circumstances involved raise some questions or doubts.” (Sefaria.org translation) According to Rabba a safek, uncertainty, never changes the woman’s previous status. Concerning betrothal the Mishnah rules that she undergoes halitza as a rabbinic stringency.  

After throwing one reputation after another, Abaye provides a different and simpler solution. “Rather, Rabba’s understanding of the mishna must be rejected, and Abaye said: The mishna should be understood according to that which is written: “His fellow speaks of him” (Job 36:33). This principle teaches that a related case can be inferred from the single case cited. The mishna teaches the case where it is uncertain whether the item is closer to him or closer to her with regard to betrothal, and the same is true with regard to divorce if it is uncertain whether the bill of divorce fell closer to him or closer to her. Similarly, the mishna teaches the case of bills that were written in a questionable manner with regard to divorce, and the same is true with regard to betrothal.” (Sefaria.org translation) the Mishna could have given the example of a thrown get, but decided to teach us three other possible examples.