## Gittin Daf 46b

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

מַאי ״קֻוֽנָּם״? אָמַר רַב הוּנָא, בְּאוֹמֵר: ״יֵאָסְרוּ כׇּל פֵּירוֹת שֶׁבָּעוֹלָם עָלַי אִם אֵינִי מְגָרְשָׁהּ״.

**William Davidson Edition - English:**
The Gemara discusses the formulation of the vow taken by the husband: **What** is meant by the expression: ***Konam*,** as stated by the husband? Generally this term is used when stating a vow of consecration; how does such a vow render her forbidden to him? **Rav Huna said** that the case is **when he says: All the produce that is in the world will become forbidden to me if I do not divorce you.**


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

וְהִתִּירוּ לוֹ שֶׁיַּחְזִירֶנָּה: פְּשִׁיטָא! מַהוּ דְּתֵימָא לִיגְזוֹר מִשּׁוּם דְּרַבִּי נָתָן – דְּתַנְיָא, רַבִּי נָתָן אוֹמֵר: הַנּוֹדֵר – כְּאִילּוּ בָּנָה בָּמָה, וְהַמְקַיְּימוֹ – כְּאִילּוּ הִקְרִיב עָלֶיהָ קׇרְבָּן; קָא מַשְׁמַע לַן.

**William Davidson Edition - English:**
The mishna taught: **And they permitted him to remarry her.** The Gemara asks: **It is obvious** that this is the case, as why shouldn’t he be able to remarry her? The Gemara answers that **lest you say: Let us** institute a **decree due to** the statement **of Rabbi Natan. As it is taught** in a *baraita* that **Rabbi Natan said: One who vows,** it is **as if he built** a personal **altar** during the time the Temple stood, when it became prohibited to build a personal altar to God outside the Temple. **And one who fulfills** a vow, **it is as if he sacrificed an offering on this** personal altar, thereby doubling his sin. Therefore, it would be possible to suggest that the husband is penalized and prohibited from remarrying her because he sinned by taking a vow and fulfilling it. Therefore, **it teaches us** that this is not the case.


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

מִפְּנֵי תִּיקּוּן הָעוֹלָם: מַאי תִּיקּוּן הָעוֹלָם אִיכָּא? אָמַר רַב שֵׁשֶׁת: אַרֵישָׁא.

**William Davidson Edition - English:**
The end of the mishna stated that the reason for this *halakha* was **for the betterment of the world.** The Gemara asks: **What betterment of the world is there** in allowing him to remarry her? **Rav Sheshet said:** This statement refers back **to the first clause** of the mishna. The expression: For the betterment of the world, is not an explanation of Rabbi Yosei bar Yehuda’s statement, but rather, it is meant to explain why there is a penalty that one may not remarry a woman whom he divorced due to her bad reputation or due to a vow she had taken.


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

רָבִינָא אָמַר: לְעוֹלָם אַסֵּיפָא, וְהָכִי קָתָנֵי: אֵין בָּזוֹ מִפְּנֵי תִּיקּוּן הָעוֹלָם.

**William Davidson Edition - English:**
**Ravina said: Actually,** this expression applies **to the latter clause** of the mishna, **and this is what it taught: This is not for the betterment of the world.** In other words, when they instituted that he may not remarry her for the betterment of the world, it is only with regard to a case where the woman has taken a vow. However, when the husband takes a vow, there is no element of the betterment of the world and he is permitted to remarry her in that case.


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

**מַתְנִי׳** הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם אַיְלוֹנִית, רַבִּי יְהוּדָה אוֹמֵר: לֹא יַחְזִיר. וַחֲכָמִים אוֹמְרִים: יַחְזִיר.

**William Davidson Edition - English:**
**MISHNA:** With regard to **one who divorces his wife because** she is **a sexually underdeveloped woman** who is incapable of bearing children [***ailonit***], meaning that after their marriage it became clear that she was sexually underdeveloped, **Rabbi Yehuda says: He may not remarry** her, **and the Rabbis say: He may remarry** her.


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

נִישֵּׂאת לְאַחֵר וְהָיוּ לָהּ בָּנִים הֵימֶנּוּ, וְהִיא תּוֹבַעַת כְּתוּבָּתָהּ; אָמַר רַבִּי יְהוּדָה, אוֹמֵר לַהּ: שְׁתִיקוּתִיךְ יָפָה מִדִּיבּוּרִיךְ.

**William Davidson Edition - English:**
If, after he divorced her, this *ailonit* **married another** man **and had children from him,** meaning that she was not actually an *ailonit*, **and she is demanding** payment of **her marriage contract** from her first husband, claiming that he unlawfully divorced her without paying her marriage contract as he claimed that she was an *ailonit* and their marriage was a mistaken transaction, **Rabbi Yehuda said** that **he** may **say to her: Your silence is preferable to your speech,** meaning that it is preferable for her to withdraw her claim. If she persists, he may say that he divorced her only because he believed her to be an *ailonit*, casting aspersions on the validity of the divorce and the status of her children. Therefore, it would be wise of her to withdraw her claim.


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

**גְּמָ׳** לְמֵימְרָא דְּרַבִּי יְהוּדָה חָיֵישׁ לְקִלְקוּלָא, וְרַבָּנַן לָא חָיְישִׁי לְקִלְקוּלָא?! וְהָא אִיפְּכָא שָׁמְעִינַן לְהוּ!

**William Davidson Edition - English:**
**GEMARA:** The Gemara clarifies the dispute in the mishna: **Is this to say that Rabbi Yehuda is concerned about** potential **harm,** i.e., the harm that she may later incur if he casts aspersions on the validity of the divorce, and therefore rules that he may not remarry her, ensuring that he will divorce her only if he is absolutely certain that he wishes to do so, **and the Rabbis are not concerned about** potential **harm? But didn’t we learn** that **they** each said **the opposite?**


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

דִּתְנַן: הַמּוֹצִיא אֶת אִשְׁתּוֹ מִשּׁוּם שֵׁם רַע – לֹא יַחְזִיר, וּמִשּׁוּם נֶדֶר – לֹא יַחְזִיר. רַבִּי יְהוּדָה אוֹמֵר: כׇּל נֶדֶר שֶׁיָּדְעוּ בּוֹ רַבִּים – לֹא יַחְזִיר, וְשֶׁלֹּא יָדְעוּ בּוֹ רַבִּים – יַחְזִיר. אַלְמָא [רַבָּנַן חָיְישִׁי לְקִלְקוּלָא], וְרַבִּי יְהוּדָה לָא חָיֵישׁ לְקִלְקוּלָא!

**William Davidson Edition - English:**
**As we learned** in the previous mishna (45b): A man **who divorces his wife due to** her **bad reputation may not remarry** her. **And** if one divorces his wife **due to a vow** that she stated, and he could not live with her under the conditions of the vow, **he may not remarry** her. **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. **Apparently, the Rabbis are concerned about** potential **harm,** and consequently, they do not make a distinction between one vow and another; **and Rabbi Yehuda is not concerned about** potential **harm,** and he makes a distinction between a vow that may lead to permissiveness and one that does not.


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

אָמַר שְׁמוּאֵל: אֵיפוֹךְ.

**William Davidson Edition - English:**
**Shmuel said: Reverse** the opinions in this mishna. Rather, say that it is Rabbi Yehuda who says that he may remarry her, and he is not concerned about potential harm, while the Rabbis say he may not remarry her, and they are concerned about potential harm.


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

וְהָא מִדְּקָתָנֵי סֵיפָא: נִישֵּׂאת לְאַחֵר וְהָיוּ לָהּ בָּנִים הֵימֶנּוּ, וְהִיא תּוֹבַעַת כְּתוּבָּתָהּ; אָמַר רַבִּי יְהוּדָה, אוֹמֵר לָהּ: ״שְׁתִיקוּתִיךְ יָפָה מִדִּיבּוּרִיךְ״ – מִכְּלָל דְּרַבִּי יְהוּדָה חָיֵישׁ לְקִלְקוּלָא! הָא נָמֵי אֵיפוֹךְ.

**William Davidson Edition - English:**
The Gemara challenges: **But from** the fact **that it teaches in the last clause** of the mishna: If, after he divorced her, this *ailonit* **married another** man **and had children from him, and she is demanding** payment of **her marriage contract** from her first husband, **Rabbi Yehuda said** that **he** may **say to her: Your silence is preferable to your speech,** and one can learn **by inference that Rabbi Yehuda is concerned about** potential **harm.** The Gemara answers: **Here too, reverse** the opinions, and it is the Rabbis who stated the last case of the mishna.


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

אַבָּיֵי אָמַר: לְעוֹלָם לָא תֵּיפוֹךְ, וְרַבִּי יְהוּדָה בְּהָהִיא סָבַר לַהּ כְּרַבִּי מֵאִיר וְסָבַר לַהּ כְּרַבִּי אֶלְעָזָר – בְּצָרִיךְ סָבַר לַהּ כְּרַבִּי אֶלְעָזָר, בְּשֶׁאֵינוֹ צָרִיךְ סָבַר לַהּ כְּרַבִּי מֵאִיר.

**William Davidson Edition - English:**
**Abaye said: Actually, do not reverse** the opinions, **and** say that **Rabbi Yehuda** is concerned about potential harm. The distinction is that **in that** mishna, which discussed a woman who took a vow, **he holds** in one matter **in accordance with** the opinion of **Rabbi Meir, and he holds** in another matter **in accordance with** the opinion of **Rabbi Elazar. In** the case of a vow that **requires** dissolution by a halakhic authority **he holds in accordance with** the opinion of **Rabbi Elazar** that there is no concern about potential harm in such a case, as a husband would not desire that his wife be disgraced before the court. **In** the case of a vow that **does not require** dissolution by a halakhic authority **he holds in accordance with** the opinion of **Rabbi Meir,** who maintains that the husband would not be deemed credible if he were to state that he was unaware that he could nullify her vow.


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

אָמַר רָבָא: דְּרַבִּי יְהוּדָה אַדְּרַבִּי יְהוּדָה קַשְׁיָא, דְּרַבָּנַן אַדְּרַבָּנַן לָא קַשְׁיָא?!

**William Davidson Edition - English:**
**Rava said:** Is it **difficult** to reconcile the statement **of Rabbi Yehuda** in this mishna **with** the statement **of Rabbi Yehuda** in the previous mishna, but it is **not difficult** to reconcile the statement **of the Rabbis** in this mishna **with** the statement **of the Rabbis** in the previous mishna? Abaye only addressed how to explain the contradiction between the statements of Rabbi Yehuda.


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

אֶלָּא אָמַר רָבָא: דְּרַבִּי יְהוּדָה אַדְּרַבִּי יְהוּדָה לָא קַשְׁיָא – כִּדְשַׁנִּינַן. דְּרַבָּנַן אַדְּרַבָּנַן לָא קַשְׁיָא, מַאן חֲכָמִים – רַבִּי מֵאִיר, דְּאָמַר: בָּעֵינַן תְּנַאי כָּפוּל, וְהָכָא בְּמַאי עָסְקִינַן – בִּדְלָא כַּפְלֵיהּ לִתְנָאֵיהּ.

**William Davidson Edition - English:**
**Rather, Rava said:** It is **not difficult** to reconcile the statement **of Rabbi Yehuda** in this mishna **with** the statement **of Rabbi Yehuda** in the previous mishna, **as we answered.** Additionally, it is **not difficult** to reconcile the statement **of the Rabbis** in this mishna **with** the statement **of the Rabbis** in the previous mishna, as **who** are **the Rabbis** in this mishna? It is **Rabbi Meir, who said: We require a compound condition** stipulating both positive and negative outcomes. **And with what are we dealing here?** We are dealing with **a situation where he did not compound his condition,** as he stated only that he is divorcing her because she is an *ailonit*, but did not state that he would not divorce her if she were not an *ailonit*. Therefore, his condition is disregarded, and he may remarry her.


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

**מַתְנִי׳** הַמּוֹכֵר אֶת עַצְמוֹ וְאֶת בָּנָיו לַגּוֹיִם – אֵין פּוֹדִין אוֹתוֹ, אֲבָל פּוֹדִין אֶת הַבָּנִים לְאַחַר מִיתַת אֲבִיהֶן.

**William Davidson Edition - English:**
**MISHNA:** With regard to **one who sells himself and his children** as slaves **to gentiles, he is not redeemed, but the children are redeemed after their father’s death,** as there is no reason to penalize them.


###### Gittin 46b:15
[Gittin 46b:15](https://torahapp.org/share/book/Gittin/r/46b:15)

**גְּמָ׳** אָמַר רַב אַסִּי: וְהוּא שֶׁמָּכַר וְשָׁנָה וְשִׁילֵּשׁ.

**William Davidson Edition - English:**
**GEMARA:** **Rav Asi says: And this** *halakha*, that he is not redeemed, applies only **when he sold** himself for a first time and was redeemed, **and repeated** his action by selling himself **a second time** and was redeemed, **and repeated** his action by selling himself **a third time.** Since he sold himself repeatedly, the Sages penalized him by instituting that he may not be redeemed.


###### Gittin 46b:16
[Gittin 46b:16](https://torahapp.org/share/book/Gittin/r/46b:16)

הָנְהוּ בְּנֵי בֵּי מִיכְסֵי, דְּיָזְפִי זוּזֵי מִגּוֹיִם וְלָא הֲוָה לְהוּ לְמִפְרְעִינְהוּ. אָתוּ וְקָא גָרְבִי לְהוּ, אֲתוֹ לְקַמֵּיהּ דְּרַב הוּנָא. אֲמַר לְהוּ: מַאי אֶיעְבֵּיד לְכוּ, דִּתְנַן: הַמּוֹכֵר אֶת עַצְמוֹ וְאֶת בָּנָיו לַגּוֹיִם – אֵין פּוֹדִין אוֹתוֹ.

**William Davidson Edition - English:**
The Gemara relates: There were **those residents of Bei Mikhsi who borrowed money from gentiles, and they did not have** sufficient funds **to repay them.** As a result, the gentiles **came and seized them** as slaves. **They came before Rav Huna** and requested that he instruct the Jews to redeem them. Rav Huna **said to them: What can I do for you, as we learned** in a mishna: With regard to **one who sells himself and his children** as slaves **to gentiles, he is not redeemed.**


###### Gittin 46b:17
[Gittin 46b:17](https://torahapp.org/share/book/Gittin/r/46b:17)

אֲמַר לֵיהּ רַבִּי אַבָּא: לִימַּדְתַּנִי רַבֵּינוּ, וְהוּא שֶׁמָּכַר וְשָׁנָה וְשִׁילֵּשׁ! אֲמַר לֵיהּ: הָנֵי מִרְגָּל רְגִילִי דְּעָבְדִי הָכִי.

**William Davidson Edition - English:**
**Rabbi Abba said to** Rav Huna: **Our master taught me: And this** *halakha* applies only **when he sold** himself, **and repeated a second time, and repeated a third time,** which was not the case in this incident. Rav Huna **said to him: These** people **do this habitually,** and it is as though they sold themselves for a second and third time.


###### Gittin 46b:18
[Gittin 46b:18](https://torahapp.org/share/book/Gittin/r/46b:18)

הָהוּא גַּבְרָא דְּזַבֵּין נַפְשֵׁיהּ לְלוּדָאֵי. אֲתָא לְקַמֵּיהּ דְּרַבִּי אַמֵּי, אֲמַר לֵיהּ:

**William Davidson Edition - English:**
The Gemara relates: **A certain man sold himself to gladiators [*luda’ei*]. He came before Rabbi Ami** and **said to him:**