Pisqa’ 2701
1
“And she shall go out from his house” (Dt.24:2)—
this teaches that
the woman is expelled from before the man.
“And she shall go and be with another man” (Dt.24:2)—
she should not remarry in
her former neighborhood.
“Another man” (Dt.24:2)—
the Torah already refers to him as another
[implying that the second marriage should be more successful].
“But if the latter man comes to reject her” (Dt.24:3)—
the verse informs you that
you, too, will eventually reject her.
“Or if the latter man shall die” (Dt.24:3)—
the verse informs you that
she will eventually bury him.
I might infer only that
[the verse discusses] a divorcee.
How do I know that
[the verse in fact discusses] a widow?
The Teaching states:
“Or if the latter man shall die” (Dt.24:3)—
[despite his death, she can not remarry her first husband].
2
If, in any case, we are going to include
a widow under the rule,
what is the Teaching’s point in
[the case of] the divorcee?
[To explain] that the widow is permitted
to the levir [her deceased husband’s brother],
but the divorcee is prohibited to
her former-husband’s brother
[even if he is without heirs].
Is it possible to say that
even if she broke faith with her husband
after her divorce,
she should be forbidden to return to him?
The Teaching states:
“And he shall have written for her a writ of separation, and she shall go” (Dt.24:3)—
a woman expelled by a divorce-document
is forbidden to return [to the marriage],
but one who broke faith with her husband
after her divorce
should not be forbidden to return.
On what basis do I know that
a man who gives a divorce-document to
his dead brother’s childless widow
[whom he must either marry or release with
the Shoe-loosening rite (Dt.25:5-10).]
is forbidden to take her back?
The Teaching states:
“The first husband, who sent her away, may not return her to the marriage” (Dt.24:4).
On what basis do I know that
if a woman’s husband went to a seacoast city,
and they reported to her:
Your husband is dead.
So she went and remarried,
but afterwards her husband turned up alive—
she must be expelled by this one and that one,
and she needs a divorce-document from this one and that one?2
The Teaching states:
“The first husband, who sent her away, may not return her to the marriage” (Dt.24:4)—
he may not return to remarry the one whom he sent away.
3
“Who sent her away” (Dt.24:4)—
I might infer only that
[the rule applies to a woman expelled]
from a marriage who remarries [her former-husband].
How do I know that
it applies as well
[to a woman expelled]
from one betrothal to [a second] betrothal?
Or [a woman expelled]
from a betrothal to a marriage?
Or [to one expelled]
from a marriage to a betrothal?
The Teaching states:
“The first husband, who sent her away, may not return her to the marriage” (Dt.24:4)—
the first husband may not take the one he sent away
[even from a betrothal].
R. Yose b. Kipar says
in the name of R. Elazar b. Azariah:
[if he expelled her] from the status of betrothal,
he is permitted [to return her to that status],
but if [he expelled her] from the status of marriage,
she is forbidden to him
[under the rule of he may not remarry her].
As it is stated:
“Since she is unclean to him” (Dt.24:4)—
[from sexual relations during the first marriage].
But sages say:
Whether [she is expelled] from the status of betrothal
or from the status of marriage—
she is forbidden to him
[because betrothal itself creates a quasi-marital bond].
If so, why is it stated:
“Since she is unclean to him” (Dt.24:4)?
To include under the rule
a wife suspected of straying3
into seclusion with a man (cf. Nu. 5:11-31).
And so does He state:
“When a man sends away his wife, and she goes from him . . .
can he ever return to her again?” (Jer.3:1)
4
“For she is an abomination” (Dt.24:4)–
R. Judah says:
She may be an abomination,
but her child is not abominable—
[her uncleanness has no impact on
the status of a child she might conceive].
“Do not pollute the Land” (Dt.24:4)—
this alerts the court to be vigilant in the matter.