Gittin 46B

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Text Excerpt

מאי ״קונם״? אמר רב הונא, באומר: ״יאסרו כל פירות שבעולם עלי אם איני מגרשה״.

The Talmud discusses the formulation of the vow taken by the husband: What is meant by the expression: Konam, as stated by the husband? Generally this term is used when stating a vow of consecration; how does such a vow render her forbidden to him? Rav Huna said that the case is when he says: All the produce that is in the world will become forbidden to me if I do not divorce you.

והתירו לו שיחזירנה: פשיטא! מהו דתימא ליגזור משום דרבי נתן ⁠– דתניא, רבי נתן אומר: הנודר ⁠– כאילו בנה במה, והמקיימו ⁠– כאילו הקריב עליה קרבן; קא משמע לן.

The Mishnah taught: And they permitted him to remarry her. The Talmud asks: It is obvious that this is the case, as why shouldn’t he be able to remarry her? The Talmud answers that lest you say: Let us institute a decree due to the statement of R' Natan. As it is taught in a baraita that R' Natan said: One who vows, it is as if he built a personal altar during the time the Temple stood, when it became prohibited to build a personal altar to God outside the Temple. And one who fulfills a vow, it is as if he sacrificed an offering on this personal altar, thereby doubling his sin. Therefore, it would be possible to suggest that the husband is penalized and prohibited from remarrying her because he sinned by taking a vow and fulfilling it. Therefore, it teaches us that this is not the case.

מפני תיקון העולם: מאי תיקון העולם איכא? אמר רב ששת: ארישא.

The end of the Mishnah stated that the reason for this halakha was for the betterment of the world. The Talmud asks: What betterment of the world is there in allowing him to remarry her? Rav Sheshet said: This statement refers back to the first clause of the Mishnah. The expression: For the betterment of the world, is not an explanation of R' Yosei bar Yehuda’s statement, but rather, it is meant to explain why there is a penalty that one may not remarry a woman whom he divorced due to her bad reputation or due to a vow she had taken.

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.