## Gittin Daf 46a

###### Gittin 46a:1
[Gittin 46a:1](https://torahapp.org/share/book/Gittin/r/46a:1)

״מִשּׁוּם נֶדֶר אֲנִי מוֹצִיאֵךְ״ – קָסָבַר: טַעְמָא מַאי – מִשּׁוּם קִלְקוּלָא; אִי אָמַר לַהּ הָכִי – מָצֵי מְקַלְקֵל לַהּ, וְאִי לָא – לָא מָצֵי מְקַלְקֵל לַהּ.

**William Davidson Edition - English:**
or: **I am removing you** from the house **due to a vow.** The Gemara explains that Rav Naḥman **holds: What is the reason** that he is prohibited from remarrying her? This is **due to** potential **harm** caused to her. If he would wish to remarry her after she had married someone else, he may cast aspersions on the validity of the bill of divorce by claiming that he gave it under a false impression. This may lead to her child from her second marriage to be considered a *mamzer*. Therefore, **if he said to her** at the time of the divorce that **this** is the reason he is divorcing her, then **he will be able to cause** this **harm to her, but if** he did **not** state this explicitly at the time of the divorce, **he will not be able to cause** this **harm to her,** as his claim will be disregarded.


###### Gittin 46a:2
[Gittin 46a:2](https://torahapp.org/share/book/Gittin/r/46a:2)

אִיכָּא דְּאָמְרִי, אָמַר רַב יוֹסֵף בַּר מִנְיוֹמֵי אָמַר רַב נַחְמָן: צָרִיךְ שֶׁיֹּאמַר לָהּ: ״הֱוִי יוֹדַעַת שֶׁמִּשּׁוּם שֵׁם רַע אֲנִי מוֹצִיאֵךְ וּמִשּׁוּם נֶדֶר אֲנִי מוֹצִיאֵךְ״ – קָסָבַר: טַעְמָא מַאי – כְּדֵי שֶׁלֹּא יְהוּ בְּנוֹת יִשְׂרָאֵל פְּרוּצוֹת בַּעֲרָיוֹת וּבִנְדָרִים; הִלְכָּךְ צָרִיךְ לְמֵימַר לַהּ הָכִי.

**William Davidson Edition - English:**
**There are** those **who say** a different version of Rav Yosef bar Minyumi’s statement. **Rav Yosef bar Minyumi said** that **Rav Naḥman said: He must say to her: Be aware that I am removing you** from the house **due to** your **bad reputation, or:** Be aware that **I am removing you** from the house **due to a vow.** The Gemara explains that Rav Naḥman **holds: What is the reason** that he is prohibited from remarrying her? **So that Jewish women will not be promiscuous with regard to forbidden** sexual **relations or** lax with regard to **vows.** The Sages penalized these women who acted improperly by instituting that if they were divorced due to their actions, they cannot return to their husbands. **Therefore he must say this to her:** Be aware. It will therefore serve as a warning for other women.


###### Gittin 46a:3
[Gittin 46a:3](https://torahapp.org/share/book/Gittin/r/46a:3)

תַּנְיָא כְּלִישָּׁנָא קַמָּא, וְתַנְיָא כְּלִישָּׁנָא בָּתְרָא.

**William Davidson Edition - English:**
The Gemara comments: It **is taught** in a *baraita* **in accordance with the first version** of Rav Yosef bar Minyumi’s statement citing Rav Naḥman, **and** it **is taught** in another *baraita* **in accordance with the latter version.**


###### Gittin 46a:4
[Gittin 46a:4](https://torahapp.org/share/book/Gittin/r/46a:4)

תַּנְיָא כְּלִישָּׁנָא קַמָּא – אָמַר רַבִּי מֵאִיר: מִפְּנֵי מָה אָמְרוּ הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם שֵׁם רַע לֹא יַחְזִיר, וּמִשּׁוּם נֶדֶר לֹא יַחְזִיר? שֶׁמָּא תֵּלֵךְ וְתִנָּשֵׂא לְאַחֵר, וְנִמְצְאוּ דְּבָרִים בַּדָּאִין, וְיֹאמַר: ״אִילּוּ הָיִיתִי יוֹדֵעַ שֶׁכֵּן הוּא, אֲפִילּוּ אִם הָיוּ נוֹתְנִים לִי מֵאָה מָנֶה – לֹא הָיִיתִי מְגָרְשָׁהּ״; וְנִמְצָא גֵּט בָּטֵל וּבָנֶיהָ מַמְזֵרִין; לְפִיכָךְ אוֹמְרִים לוֹ: הֱוֵי יוֹדֵעַ, שֶׁהַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם שֵׁם רַע – לֹא יַחְזִיר, וּמִשּׁוּם נֶדֶר – לֹא יַחְזִיר.

**William Davidson Edition - English:**
It **is taught** in a *baraita* (*Tosefta* 3:4) **in accordance with the first version: Rabbi Meir said: For what** reason **did they say** that a man **who divorces his wife due to** her **bad reputation may not remarry** her, **and** one who divorces his wife due to **a vow may not remarry** her? **Perhaps she will go and marry another** man, **and** later **the matter will be found** to have been **fabricated,** i.e., he will find that the rumor was false or that it was possible to dissolve the vow, **and he will say: If I would have known that it is like this,** then **even if they would have given me one hundred** times **one hundred dinars** to divorce her **I would not have divorced her; and** the **bill of divorce** will be **found** to be **void, and her children** from her second husband will be considered ***mamzerim*. Therefore, one says to him** from the outset: **Be aware that** a man **who divorces his wife due to** her **bad reputation may not remarry** her, **and** one who divorces his wife **due to a vow may not remarry** her.


###### Gittin 46a:5
[Gittin 46a:5](https://torahapp.org/share/book/Gittin/r/46a:5)

תַּנְיָא כְּלִישָּׁנָא בָּתְרָא – אָמַר רַבִּי אֶלְעָזָר בְּרַבִּי יוֹסֵי: מִפְּנֵי מָה אָמְרוּ הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם שֵׁם רַע לֹא יַחְזִיר, וּמִשּׁוּם נֶדֶר לֹא יַחְזִיר? שֶׁלֹּא יְהוּ בְּנוֹת יִשְׂרָאֵל פְּרוּצוֹת בַּעֲרָיוֹת וּבִנְדָרִים. לְפִיכָךְ אוֹמְרִים לוֹ, אֱמוֹר לָהּ: ״הָוֵי יוֹדַעַת שֶׁמִּשּׁוּם שֵׁם רַע אֲנִי מוֹצִיאֵךְ וּמִשּׁוּם נֶדֶר אֲנִי מוֹצִיאֵךְ״.

**William Davidson Edition - English:**
It **is taught** in a *baraita* (*Tosefta* 3:4) **in accordance with the latter version: Rabbi Elazar, son of Rabbi Yosei, said: For what** reason **did they say that** a man **who divorces his wife due to** her **bad reputation may not remarry** her, **and** one who divorces his wife due to **a vow may not remarry** her? So that **Jewish women will not be licentious with regard to forbidden** sexual **relations or** lax **with regard to vows. Therefore,** in order to publicize this matter, **one says to him** upon divorcing his wife: **Say to her: Be aware that I am removing you** from the house **due to** your **bad reputation, or: I am removing you** from the house **due to a vow.**


###### Gittin 46a:6
[Gittin 46a:6](https://torahapp.org/share/book/Gittin/r/46a:6)

רַבִּי יְהוּדָה אוֹמֵר: כׇּל נֶדֶר שֶׁיֵּדְעוּ בּוֹ רַבִּים – לֹא יַחְזִיר, וְשֶׁלֹּא יָדְעוּ בּוֹ רַבִּים – יַחְזִיר: אָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: מַאי טַעְמָא דְּרַבִּי יְהוּדָה? דִּכְתִיב: ״וְלֹא הִכּוּם בְּנֵי יִשְׂרָאֵל כִּי נִשְׁבְּעוּ לָהֶם נְשִׂיאֵי הָעֵדָה״.

**William Davidson Edition - English:**
§ The mishna taught that **Rabbi Yehuda says:** If he divorced her due to **any vow that the public was aware of, he may not remarry** her, **but** if he divorced her due to a vow **that the public was not aware of, he may remarry** her. **Rabbi Yehoshua ben Levi said: What is the reason of Rabbi Yehuda?** Based on what does he make the distinction of whether the public is aware of the vow or not? **As it is written** in the Torah portion describing the interaction of the Jews with the people of Gibeon: **“And the children of Israel did not strike them, for the leaders of the congregation swore to them”** (Joshua 9:18). This teaches that a vow taken in the presence of the public cannot be dissolved. In this case as well, if she took an oath that is known by the public, it cannot be dissolved.


###### Gittin 46a:7
[Gittin 46a:7](https://torahapp.org/share/book/Gittin/r/46a:7)

וְרַבָּנַן: הָתָם, מִי חָלָה שְׁבוּעָה עִילָּוַיְיהוּ כְּלָל?! כֵּיוָן דַּאֲמַרוּ לְהוּ: ״מֵאֶרֶץ רְחוֹקָה בָּאנוּ״ – וְלֹא בָּאוּ, לָא חָיְילָה שְׁבוּעָה עִילָּוַיְיהוּ כְּלָל; וְהַאי דְּלָא קַטְלִינְהוּ – מִשּׁוּם קְדוּשַּׁת הַשֵּׁם.

**William Davidson Edition - English:**
**And the Rabbis,** who hold that such a vow can also be dissolved, respond to this claim in the following manner: **There, did the oath take effect with regard to them at all? Since** the people of Gibeon **said to them: “We came from a far country”** (Joshua 9:6), **and they did not come** from a far country, **the oath did not take effect with regard to** the Jewish people **at all,** as it was taken under false pretenses. **And this, that** the Jewish people **did not kill** the Gibeonites, like they did to the other nations who resided in the land of Canaan, despite the fact that the vow did not take effect, was **due to the sanctity of God’s name.** If they would have killed them, they would have desecrated God’s name by not fulfilling their word, although this vow did not take effect.


###### Gittin 46a:8
[Gittin 46a:8](https://torahapp.org/share/book/Gittin/r/46a:8)

וְכַמָּה רַבִּים? רַב נַחְמָן אָמַר שְׁלֹשָׁה, רַבִּי יִצְחָק אָמַר עֲשָׂרָה.

**William Davidson Edition - English:**
The Gemara asks: **And how many** people constitute the **public** with regard to this *halakha*? **Rav Naḥman says: Three** people. **Rabbi Yitzḥak says: Ten** people. The Gemara explains their opinions.


###### Gittin 46a:9
[Gittin 46a:9](https://torahapp.org/share/book/Gittin/r/46a:9)

רַב נַחְמָן אָמַר שְׁלֹשָׁה, ״יָמִים״ – שְׁנַיִם, ״רַבִּים״ – שְׁלֹשָׁה. רַבִּי יִצְחָק אָמַר עֲשָׂרָה, דִּכְתִיב: ״עֵדָה״.

**William Davidson Edition - English:**
**Rav Naḥman says: Three,** and he derives this from a verse written with regard to a *zava*. The verse states: “And if a woman has an issue of her blood for many days [*yamim rabbim*]” (Leviticus 15:25). Rav Naḥman holds that **“days”** are a minimum of **two,** so the addition of the word **“many”** indicates that it means **three** days. Here too, where the mishna uses the term many [*rabbim*], it is a minimum of three people. **Rabbi Yitzḥak says:** The *halakha* that a vow taken in the presence of the public cannot be dissolved is referring to a vow taken in the presence of at least **ten** people, **as it is written** in the Torah portion discussing the people of Gibeon, which is the source for this *halakha*: “For the leaders of the **congregation** swore to them,” and a congregation consists of at least ten people, as is derived from the episode concerning the spies.


###### Gittin 46a:10
[Gittin 46a:10](https://torahapp.org/share/book/Gittin/r/46a:10)

רַבִּי מֵאִיר אוֹמֵר: כׇּל נֶדֶר שֶׁצָּרִיךְ וְכוּ׳: תַּנְיָא, רַבִּי אֶלְעָזָר אוֹמֵר: לֹא אָסְרוּ ״צָרִיךְ״ אֶלָּא מִפְּנֵי ״שֶׁאֵינוֹ צָרִיךְ״.

**William Davidson Edition - English:**
§ The mishna taught that **Rabbi Meir says:** If he divorced her due to **any vow that requires** investigation and dissolution by a halakhic authority, he may not remarry her; however, if he divorced her due to a vow that does not require investigation and dissolution by a halakhic authority, he may remarry her. It **is taught** in a *baraita* that **Rabbi Elazar says: They prohibited** him from remarrying her in the case where she stated a vow that **requires** dissolution by a halakhic authority **only due to** a case where she stated a vow **that does not require** dissolution by a halakhic authority.


###### Gittin 46a:11
[Gittin 46a:11](https://torahapp.org/share/book/Gittin/r/46a:11)

בְּמַאי קָמִיפַּלְגִי? רַבִּי מֵאִיר סָבַר: אָדָם רוֹצֶה, שֶׁתִּתְבַּזֶּה אִשְׁתּוֹ בְּבֵית דִּין;

**William Davidson Edition - English:**
The Gemara asks: **With regard to what** principle **do they disagree?** The Gemara explains that **Rabbi Meir holds: A man desires,** i.e., does not mind, **that his wife should be disgraced in court.** Even though her vow would necessitate dissolution by a halakhic authority, the husband may still claim that had he known that it could be dissolved, he would not have divorced her. However, with regard to a vow that did not require dissolution by a halakhic authority but could have been nullified by the husband, he would not be deemed credible to state that he was not aware that he had the ability to nullify it. In such a case, if he were to claim that the divorce was in error, his claim would be disregarded.


###### Gittin 46a:12
[Gittin 46a:12](https://torahapp.org/share/book/Gittin/r/46a:12)

וְרַבִּי אֶלְעָזָר סָבַר: אֵין אָדָם רוֹצֶה שֶׁתִּתְבַּזֶּה אִשְׁתּוֹ בְּבֵית דִּין.

**William Davidson Edition - English:**
**And Rabbi Elazar holds: A man does not desire that his wife should be disgraced in court.** Therefore, if he were to claim that had he known that her vow could have been dissolved by a halakhic authority he would not have divorced her, his claim would have been disregarded. He is, however, deemed credible if he were to state that he did not know that he had the ability to nullify her vow. Therefore, in the case of a vow that does not require dissolution by a halakhic authority, the Sages instituted that he would not be permitted to remarry her, lest he bring the validity of the divorce into question, as explained earlier. Rabbi Elazar also holds that once the Sages instituted this ordinance with regard to vows that do not require dissolution by a halakhic authority, they applied this ordinance with regard to vows that do require dissolution by a halakhic authority as well.


###### Gittin 46a:13
[Gittin 46a:13](https://torahapp.org/share/book/Gittin/r/46a:13)

אָמַר רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה: מַעֲשֶׂה בְּצַיְדָּן וְכוּ׳: מַאי תַּנָּא דְּקָתָנֵי מַעֲשֶׂה?

**William Davidson Edition - English:**
**Rabbi Yosei, son of Rabbi Yehuda, said:** There was **an incident in Tzaidan** involving one man who said to his wife: It is *konam* if I do not divorce you, and he divorced her; and the Sages permitted him to remarry her, for the betterment of the world. **What** did the mishna **teach that** causes Rabbi Yosei, son of Rabbi Yehuda to **teach** this **incident?** The mishna had just discussed a case where the woman took a vow, and it relates an incident where the man took a vow.


###### Gittin 46a:14
[Gittin 46a:14](https://torahapp.org/share/book/Gittin/r/46a:14)

חַסּוֹרֵי מִיחַסְּרָא וְהָכִי קָתָנֵי: בַּמֶּה דְּבָרִים אֲמוּרִים – כְּשֶׁנָּדְרָה הִיא, אֲבָל נָדַר אִיהוּ – יַחְזִיר; וְאָמַר רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה: מַעֲשֶׂה נָמֵי בְּצַיְדָּן, בְּאֶחָד שֶׁאָמַר לְאִשְׁתּוֹ: ״קוּנָּם אִם אֵינִי מְגָרְשִׁיךְ״, וְגֵירְשָׁהּ, וְהִתִּירוּ לוֹ חֲכָמִים שֶׁיַּחְזִירֶנָּה – מִפְּנֵי תִּיקּוּן הָעוֹלָם.

**William Davidson Edition - English:**
The Gemara answers: The mishna **is incomplete and this is what it is teaching: In what** case **is this statement said? When she took a vow,** since he may not remarry her in that case. **However,** if **he took a vow, he may remarry** her. **And Rabbi Yosei, son of Rabbi Yehuda, said:** There was **also an incident in Tzaidan involving one** man **that said to his wife:** It is ***konam* if I do not divorce you, and he divorced her; and the Sages permitted him to remarry her, for the betterment of the world.**