Bava Batra 168A

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Text Excerpt

כיון שהגיד, שוב אינו חוזר ומגיד; צורבא מרבנן לאו אורחיה למידק.

Once one has stated his testimony he may not then state a revision, this case of Rav Yirmeya is an exception, and he can retract his initial statement in which he supported the woman’s claim. The reason is that it is not the manner of a Torah scholar to be careful about identifying women, for reasons of modesty.

ההוא תברא דהוה חתים עליה רב ירמיה בר אבא. אמרה ליה: לאו אנא הואי. אמר לה: איברא אנת הות. אמר אביי: אף על גב דצורבא מרבנן לאו אורחיה למידק, כיון דדק ⁠– דק.

The Talmud relates: There was a certain receipt of payment for a marriage contract upon which Rav Yirmeya bar Abba was signed. A woman whose name appeared on the receipt, who was seeking to collect payment of her marriage contract, said to him: It was not I, but another woman with the same name, who had this receipt written. He said to her: But it was you, and you are lying now. Abaye said: Although I said that it is not the manner of a Torah scholar to be careful about identifying women, once he is careful about such an identification and states positively that he recognizes a particular woman, he is careful.

אמר אביי: האי צורבא מרבנן דאזיל לקדושי איתתא ⁠– נידבר עם הארץ בהדיה, דלמא מחלפו לה מיניה.

Abaye said: A Torah scholar who goes to betroth a woman should take an am ha'aretz with him to establish a positive identity of the woman, lest people exchange another woman for her when given to him for marriage, taking advantage of his innocence.

והבעל נותן שכר וכו׳. מאי טעמא? דאמר קרא: ״וכתב״ ״ונתן״. והאידנא דלא עבדינן הכי, שדיוהו רבנן אאשה כי היכי דלא לשהייה.

§ The Mishnah teaches that the husband gives the scribe’s wages for writing a bill of divorce. The Talmud asks: What is the reason for this? The Talmud answers: As the verse states: “When a man takes a wife and marries her, and it comes to pass, if she finds no favor in his eyes, because he has found some unseemly matter in her, he should write her a scroll of severance and give it in her hand” (Deuteronomy 24:1). It is therefore the husband’s responsibility to have the bill of divorce written. The Talmud adds: But today, the reason that we do not do so, but instead have the woman pay the scribe, is that the rabbis placed the burden upon the woman, so that the husband should not delay the divorce by refusing to pay the scribe.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.