Gittin 46A

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Text Excerpt

״משום נדר אני מוציאך״⁠ – קסבר: טעמא מאי ⁠– משום קלקולא; אי אמר לה הכי ⁠– מצי מקלקל לה, ואי לא ⁠– לא מצי מקלקל לה.

or: I am removing you from the house due to a vow. The Talmud explains that Rav Naḥman holds: What is the reason that he is prohibited from remarrying her? This is due to potential harm caused to her. If he would wish to remarry her after she had married someone else, he may cast aspersions on the validity of the bill of divorce by claiming that he gave it under a false impression. This may lead to her child from her second marriage to be considered a mamzer. Therefore, if he said to her at the time of the divorce that this is the reason he is divorcing her, then he will be able to cause this harm to her, but if he did not state this explicitly at the time of the divorce, he will not be able to cause this harm to her, as his claim will be disregarded.

איכא דאמרי, אמר רב יוסף בר מניומי אמר רב נחמן: צריך שיאמר לה: ״הוי יודעת שמשום שם רע אני מוציאך ומשום נדר אני מוציאך״⁠ – קסבר: טעמא מאי ⁠– כדי שלא יהו בנות ישראל פרוצות בעריות ובנדרים; הלכך צריך למימר לה הכי.

There are those who say a different version of Rav Yosef bar Minyumi’s statement. Rav Yosef bar Minyumi said that Rav Naḥman said: He must say to her: Be aware that I am removing you from the house due to your bad reputation, or: Be aware that I am removing you from the house due to a vow. The Talmud explains that Rav Naḥman holds: What is the reason that he is prohibited from remarrying her? So that Jewish women will not be promiscuous with regard to forbidden sex or lax with regard to vows. The rabbis penalized these women who acted improperly by instituting that if they were divorced due to their actions, they cannot return to their husbands. Therefore he must say this to her: Be aware. It will therefore serve as a warning for other women.

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.