Gittin 176

R. Aha b. Jacob said: This shows [that the word] soon' [used] by the Master of the Universe means eight hundred and fifty-two years.<span class="x" onmousemove="('comment',' For fuller notes on this passage v. Sanh. (Sonc. ed.) p. 239. ');">¹</span>

<b><i>MISHNAH</i></b>. A GET GIVEN UNDER COMPULSION [EXERCISED] BY AN ISRAELITE COURT IS VALID, BUT BY A HEATHEN COURT IS INVALID. A HEATHEN COURT, HOWEVER, MAY FLOG A MAN AND SAY TO HIM, DO WHAT THE ISRAELITE [AUTHORITIES] COMMAND YOU, (AND IT IS VALID).<span class="x" onmousemove="('comment',' [The bracketed words are left out in some texts without however affecting the meaning.] ');">²</span>

<b><i>GEMARA</i></b>. R. Nahman said in the name of Samuel: A Get given under compulsion [exercised] by an Israelite court with good legal ground<span class="x" onmousemove="('comment',' Cf. Keth. 77a. ');">³</span>

is valid, but if without sufficient legal ground, it is invalid,<span class="x" onmousemove="('comment',' And she cannot marry again on the strength of it. ');">⁴</span>

but it still disqualifies [the woman for a priest].<span class="x" onmousemove="('comment',' She must not marry a priest if her husband dies before giving her another Get, or if her husband is a priest she must leave him. ');">⁵</span>

If enforced by a heathen court on good legal grounds, it is invalid, but disqualifies; if without sufficient legal ground, there is no tincture of a Get about it. How can you have it [both ways]? If the [heathens are] competent to apply compulsion, then it should actually be valid. If they are not competent to apply compulsion, it should not disqualify! — R. Mesharsheya explained: According to the strict rule of the Torah, a Get enforced by a heathen court is valid, and the reason why [the Rabbis] declared it invalid was to prevent any [Jewish woman] from attaching herself to a heathen and so releasing herself from her husband.<span class="x" onmousemove="('comment',' By inducing the non-Jew to go and extort a Get from him; v. B.B. 48a. ');">⁶</span>

If that is so, [why did Samuel say that] if it is enforced [by a heathen court] without sufficient legal ground, it has not even the tincture of a Get? Let it at least be on a par with the similar Get exacted by an Israelite court, and disqualify the woman [for] a priest? — The truth is that R. Mesharsheya's [explanation] is erroneous.<span class="x" onmousemove="('comment',' [H] v. B.M., (Sonc. ed.) p. 47, n. 1. And the heathen court is in fact not competent to enforce the giving of a Get. ');">⁷</span>

And what is the reason? — [A Get enforced by a heathen court] on legal grounds is liable to be confused with [a Get enforced by] an Israelite court on legal grounds,<span class="x" onmousemove="('comment',' And if we allowed the woman after receiving such a Get to live with a priest, it might be thought that she is allowed also after receiving a similar Get enforced by a Jewish court. ');">⁸</span>

but [a Get enforced by a heathen court] without proper grounds will not be confused with [a Get enforced by] a Jewish court with legal grounds.

Abaye once found R. Joseph sitting in court and compelling certain men to give a bill of divorce. He said to him: Surely we<span class="x" onmousemove="('comment',' In Babylonia. ');">⁹</span>

are only laymen,<span class="x" onmousemove="('comment',' I.e., not fully ordained, v. Glos. s.v. Hedyot, this being impossible outside the Land of Israel. V. Sanh. 14a. ');">¹⁰</span>

and it has been taught: R. Tarfon used to say: In any place where you find heathen law courts,<span class="x" onmousemove="('comment',' [H] cf. [G], 'market-place'. ');">¹¹</span>

even though their law is the same as the Israelite law, you must not resort to them since it says, These are the judgments which thou shalt set before them,<span class="x" onmousemove="('comment',' Ex. XXI, 1. ');">¹²</span>

that is to say, 'before them' and not before heathens. Another explanation, however, is that it means 'before them' and not before laymen? — He replied: We are carrying out their commission,<span class="x" onmousemove="('comment',' Of the Sanhedrin in Palestine. ');">¹³</span>

just as in the case of admissions and transaction of loans.<span class="x" onmousemove="('comment',' Claims supported by witnesses attesting the defendant's former admission of his liability, or who were actually present at the time of the transaction. V. Sanh. 2b. ');">¹⁴</span>

If that is the case [he rejoined], we should do the same with robberies and injuries?<span class="x" onmousemove="('comment',' Whereas the law is that for them ordained judges are necessary. V. ibid. ');">¹⁵</span> — We carry out their commission in matters which are of frequent occurrence, but not in matters which occur infrequently.<span class="x" onmousemove="('comment',' V. B.K. 84b. ');">¹⁶</span> <b><i>MISHNAH</i></b>. IF COMMON REPORT IN THE TOWN DECLARES A WOMAN TO BE BETROTHED, SHE IS REGARDED [BY THE <i>BETH DIN</i>] AS BETROTHED;<span class="x" onmousemove="('comment',' And she must not marry another man without receiving a Get from the first. ');">¹⁷</span> IF TO BE DIVORCED, SHE IS REGARDED AS DIVORCED.<span class="x" onmousemove="('comment',' Apparently this means that if the husband is a priest, she can no longer continue to live with him. But v. the Gemara infra. ');">¹⁸</span> [THIS, HOWEVER, IS ONLY THE CASE] PROVIDED THE REPORT HAS NO QUALIFICATION.<span class="x" onmousemove="('comment',' [H] a reason for correcting the report. ');">¹⁹</span> WHAT IS MEANT BY A QUALIFICATION? [IF THE REPORT IS,] SO-AND-SO DIVORCED HIS WIFE CONDITIONALLY, HE THREW HER THE BETROTHAL MONEY, BUT IT IS UNCERTAIN WHETHER IT LANDED NEARER TO HER OR NEARER TO HIM — THIS IS A QUALIFICATION.<span class="x" onmousemove="('comment',' And no attention is paid to the report. ');">²⁰</span> <b><i>GEMARA</i></b>. And do we [on the strength of such a report] declare her<span class="x" onmousemove="('comment',' The one reported to have been divorced. ');">²¹</span> prohibited to her husband? Has not R. Ashi said that we take no notice of reports spread after marriage? — What [the Mishnah] means is this: 'If common report declares her to be betrothed, we regard her as betrothed; if it declares her to have been betrothed and then divorced,