Commentary for Temurah 9:2

אונס שגירש אם ישראל הוא מחזיר ואינו לוקה

Now if you say that since one has transgressed the command of the Divine Law one is punished with lashes, then here he, too, should be punished with lashes! This refutes Raba?<span class="x" onmousemove="('comment',' It is now assumed that the implication of the ruling that he must take her back is that the divorce is of no effect since he is in duty bound to re-marry her. Now this would be in order according to Abaye who holds that the punishment of lashes is determined by the validity of the act; since the divorce is of no legal effect, he is not flagellated. But according to Raba, who holds that the punishment is inflicted because of transgressing a Scriptural command, irrespective of the effect of the act, here, too, he should be flagellated (v. Tosaf.) .');">¹</span>

Explore commentary for Temurah 9:2. In-depth commentary and analysis from classical Jewish sources.