Rabbinic JudaismSifrei Devarim 269HOLYMAP · SACRED TEXTS
Sifrei on DeuteronomySifrei Devarim 269

Sifrei on Deuteronomy

Sifrei Devarim 269

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English · Shraga Silverstein

(Devarim 24:1) "and it shall be, if she does not find favor in his eyes, for he found in her a thing of nakedness, (then he shall write her a scroll of divorce.") Beth Shammai say: A man should not divorce his wife unless he find in her a thing of nakedness (i.e., that she had fornicated). And Beth Hillel say: Even if she spoiled his meal, it being written "for he found in her a thing of nakedness."

2
English · Shraga Silverstein

Said Beth Hillel to Beth Shammai: But is it not written "a thing"? Beth Shammai: But is it not written "nakedness"? Beth Hillel: If it were written "nakedness," but not "a thing," I would say, because of nakedness she is divorced, but because of "a thing" she is not divorced. It is, therefore, written "a thing … (2) and she shall go out of his house." And if it were written "a thing," and it were not written "nakedness," I would say: If she is divorced because of "a thing," she is permitted to remarry, but if she is divorced because of nakedness, she is not permitted to remarry. And do not wonder at this, for if she is forbidden (by the divorce) from one who was permitted to her, should she not be forbidden to one (i.e., a new husband), who was forbidden to her? It must, therefore, be written "… nakedness … and she shall go out of his house and she may be to another man."

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English · Shraga Silverstein

R. Akiva says: (He may divorce her) even if he finds another more beautiful than she, it being written "if she does not find favor in his eyes."

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English · Shraga Silverstein

"then he shall write to her": in her name — whence they ruled. Any get not written in the name of that woman is invalid. How so? If one passed by in the marketplace and heard a scribe saying "This man divorces this woman from this place," and he said "That's my name and that's the name of my wife," it is invalid as a get. More so — If he wrote (a get) to divorce his wife, and he changed his mind, and a man of his city found it and said "That's my name and that's the name of my wife," it is invalid as a get. More so, if he had two wives with the same name, if he wrote it to divorce the tall one, he may not use it to divorce the short one. More so, if he told the scribe to write it, thinking "I will use it to divorce whichever I wish," it is invalid as a get.

5
English · Shraga Silverstein

"then he shall write": This tells me only of ink. Whence do I derive (as also permitted) dye, rock-lichen, resin, and vitriol? From "then he shall write" — with anything.

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English · Shraga Silverstein

"a scroll": This tells me only of a scroll. Whence do I derive (as also permitted) reed, nut, olive, and carob stalks? From "and he shall place it into her hand" — in any event. If so, why is it written "a scroll"? Just as a scroll is characterized by (relative) permanence, so, all things that are thus characterized (are permitted for the writing of a get) — to exclude those things which are not thus characterized. R. Yehudah b. Betheira says: Just as a scroll is characterized by being unrooted to the ground, so, all things that are thus characterized (are permitted for the writing of a get) — to exclude those things which are not thus characterized.

7
English · Shraga Silverstein

"a scroll of 'krithuth'": something that cuts off completely — whence it is ruled: If one says to his wife: Here is your get on condition that you never again go to your father's house; on condition that you never again drink wine — this is not krithuth (in that there is no stage in which complete severance is effected.) (If he says:) on condition that you do not go to your father's house until thirty days from now; on condition that you do not drink wine, until thirty days from now — it is krithuth. If one divorces his wife and says "You are permitted to everyone except so-and-so" — R. Eliezer permits it and the sages forbid it. After the death of R. Eliezer, four elders entered to dispute his words: R. Tarfon, R. Yossi Haglili, R. Elazar b. Azaryah, and R. Akiva.

8
English · Shraga Silverstein

R. Tarfon opened and said: If she went and married the brother of the man to whom she had been forbidden (by the get), and he died without children, how could she become the yevamah of his brother? Would he (her first husband) not be making a condition against what is written in the Torah (i.e., the mitzvah of yibum)? And if anyone makes a condition against what is written in the Torah, his condition is not valid — so that this is not krithuth.

9
English · Shraga Silverstein

R. Yossi Haglili said: Where do we find in the Torah that she is permitted to one and forbidden to another? But if she is permitted to one, she is permitted to all men, and if she is forbidden to one, she is forbidden to all men — so that this is not krithuth.

10
English · Shraga Silverstein

R. Elazar b. Azaryah says: "Krithuth" — something that severs (completely) between himself and her. R. Yossi said: I subscribe to the words of R. Elazar b. Azaryah.

11
English · Shraga Silverstein

R. Akiva says: On what basis was the Torah stringent vis-à-vis (forbidding) a divorcée to a Cohein or a married woman to all men? (It must be that the ban against) a married woman is more stringent than that of a divorcée (to a Cohein). Now if a divorcée, of lesser stringency, is forbidden (to one who was once permitted to her), then a married woman, of greater stringency, how much more so should she be forbidden (to one who was once permitted to her [if her divorce is only conditional])? — so that this is not krithuth.

12
English · Shraga Silverstein

Variantly: If she went and married another and he had children from her, and then she were widowed or divorced and married this one (to whom she was prohibited by the conditional divorce), would her children by the first not be found to be mamzerim (bastards, the divorce being retroactively invalidated)? — so that this is not krithuth.

13
English · Shraga Silverstein

"into her hand": This tells me only of "her hand." Whence do I derive (the same for) her garden, her courtyard, and her enclosure? From "and he shall place" — anywhere. If so, why is it written "her hand"? Just as her hand is distinct in being her domain, so all that is thus characterized (is valid for the placing of the get).

14
English · Shraga Silverstein

"and he shall send her away from his house": He must tell her "This is your get." From here they ruled: If one threw a get to his wife and said "Pick up this writ," or if she found it behind him and read it and found it to be her get, it is not a (valid) get until he says to her "This is your get."

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Sifrei Devarim 269English
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Public-domain Hebrew editions, digitized by Sefaria (sefaria.org). · Source ↗

Mechilta, Sifra and Sifrei, translated by Rabbi Shraga Silverstein. CC BY. Text from Sefaria (sefaria.org). · Source ↗

English translation: Sifrei Devarim, translated by Rabbi Shraga Silverstein, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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