Reference for Kiddushin 11:15

וכן בגירושין נתן לה גיטה ואמר לה הרי את משולחת הרי את מגורשת הרי את מותרת לכל אדם הרי היא מגורשת : פשיטא נתן לה גיטה ואמר לה לאשתו הרי את בת חורין

Whereon R'Huna said in Samuel's name: The halachah<span class="x" onmousemove="('comment',' V. Glos.');">²⁰</span> agrees with R'Jose! - I will tell you: after all, it refers to a case where he was speaking to her about her divorce or betrothal; now, had he given her [the money or the deed of divorce] and remained silent, that indeed would be so.<span class="x" onmousemove="('comment',' She would certainly be betrothed or divorced.');">²¹</span> But the circumstances here are that he gave [them] to her and made one of these declarations. And this is the problem: did he employ these expressions in the sense of kiddushin, or perhaps he meant them in reference to work?<span class="x" onmousemove="('comment',' E.g., 'thou art one with me,' to cooperate with me in work; similarly the rest.');">²²</span> The questions stand over. The [above] text [stated]: 'If a man was speaking to a woman on matters concerning her divorce or betrothal, and gave her her divorce or kiddushin, but made no explicit declaration - R'Jose said: It is sufficient; R'Judah maintained: He must make an explicit declaration'. Said Rab Judah in Samuel's name: Providing that they were engaged on that topic [when the divorce or kiddushin was given]. R'Eliezer said likewise in R'Oshaia's name: Providing that they were engaged on that topic.<span class="x" onmousemove="('comment',' But if they had passed on to some other topic, all agree that she is not betrothed or divorced. [Although the woman's consent is not necessary by law in the case of divorce, she must nevertheless be aware of the character of the document that is being given to her, Tosaf. Ri; v. Git.78a.]');">²³</span> This is disputed by Tannaim; Rabbi said: Providing that they were engaged on that topic; R'Eleazar son of R'Simeon said: Even if they were not engaged on that topic. But if they were not engaged on that topic, how does she know what he meant? - Abaye answered: [They travelled] from one matter to another in the same topic.<span class="x" onmousemove="('comment',' E.g., they were no longer speaking of marriage, but about dowry, means of livelihood, etc.');">²⁴</span> R'Huna said in Samuel's name: The halachah agrees with R'Jose. R'Yemar asked R'Ashi: Then when Rab Judah said in Samuel's name: He who does not know the peculiar nature of divorce and betrothal<span class="x" onmousemove="('comment',' I.e., the laws by which they are governed.');">²⁵</span> should have no business with them<span class="x" onmousemove="('comment',' To celebrate a marriage or function as a Rabbi in divorce proceedings.');">²⁶</span> - [does it hold good] even if he is ignorant of this ruling of R'Huna in Samuel's name? - Even so, he replied.' The same applies to divorce: If he gives her [the document of divorce,] and declares, "Behold, thou art sent forth," "Behold, thou art divorced," [or] "Thou art permitted to any man," - then she is divorced.'<span class="x" onmousemove="('comment',' Supra 5b; Samuel's dictum.');">²⁷</span> Now it is obvious, if he gives a divorce to his wife and says to her, 'Behold, thou art a free woman,'

Explore reference for Kiddushin 11:15. In-depth commentary and analysis from classical Jewish sources.