Ketubot 86B

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Text Excerpt

מכין אותו עד שתצא נפשו.

the court strikes him an unlimited number of times, even until his soul departs, in order to force him to perform the mitzva. The payment of a debt is a positive mitzva, and one who refuses to pay a debt can be compelled to do so in this manner.

בעא מיניה רמי בר חמא מרב חסדא: ״הרי זה גיטיך, ולא תתגרשי בו אלא לאחר שלשים יום״, והלכה והניחתו בצידי רשות הרבים, מהו?

§ Rami bar Ḥama inquired of Rav Ḥisda: If a man said to his wife: This is your bill of divorce but you are divorced with it only after 30 days, and she took the bill of divorce and went and placed it in the sides of the public domain, i.e., in a place that was open to the public domain but not an actual part of it, and the bill of divorce was still there after 30 days, what is the halakha? Is she divorced?

אמר ליה: אינה מגורשת, מדרב ושמואל. דרב ושמואל דאמרי תרוייהו, והוא שצבורין ומונחין ברשות הרבים, וצידי רשות הרבים כרשות הרבים דמו.

Rav Ḥisda said to him: She is not divorced. This halakha is learned from the opinion of Rav and Shmuel, as it is Rav and Shmuel who both say with regard to the Mishnah: Any of the creditors of a deceased person can seize items of his movable property provided that they are arranged in piles and placed in the public domain, as in that case the heirs of the deceased do not receive it as part of their inheritance. Similarly, the woman will not acquire the bill of divorce after 30 days if it is in that location. Rav Ḥisda adds: And the sides of the public domain are considered like the public domain.

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.