Study Yevamot folio 91B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
רבינא אמר, לענין קרבן קתני: עשו בית דין בהוראתן — כזדון איש באשה, ולא מתיא קרבן. על פי עדים — כשגגת איש באשה, ומתיא קרבן.
Ravina said that this baraita is taught with regard to an offering, and it should be explained as follows: If the court acted in accordance with their own instruction, it is as though this was a willful act of a man with a woman, and she therefore does not bring an offering, as an individual who followed the ruling of the court is exempt from bringing an offering (see Horayot 2a–b). If she married based on testimony of witnesses, it is considered as though this was an unwitting act of a man with a woman, and therefore she brings an offering.
ואיבעית אימא: הא קמייתא — רבנן היא, ותריץ הכי: חוץ מאשת איש, ושניסת על פי בית דין.
And if you wish, say and refute Rav Sheshet’s difficulty in the following manner: This first baraita, which exempts forbidden women from a bill of divorce, is the opinion of the Rabbis, who prohibit a woman in this situation to her husband, even if she had married another based on witnesses. And you should answer the difficulty by reading the relevant clause of the baraita as follows: Apart from a married woman who married on the basis of witness testimony, and this includes one who married by permission of the court, as she too requires a bill of divorce.
מתיב עולא: מי אמרינן מאי הוה לה למיעבד? והתנן: כתב לשם מלכות שאינה הוגנת, לשם מלכות מדי, לשם מלכות יון, לבנין הבית, לחורבן הבית, היה במזרח וכתב במערב, במערב וכתב במזרח —
§ Ulla raised an objection against Rav Sheshet’s reasoning: Do we say this justification: What could she have done? Is a woman considered to have acted under duress when she had no way to avoid sin? But didn’t we learn in a Mishnah (Gittin 79b): If a man wrote a bill of divorce and dated it according to a kingdom that is not suitable [hogenet], i.e., one that does not reign over their place of residence; or according to the kingdom of Media or according to the kingdom of Greece, which are no longer in existence; or if he dated it according to the building of the Temple or according to the destruction of the Temple; and similarly if the bill of divorce was given in the east and he wrote in it a place in the west, or in the west and he wrote a place in the east, this bill of divorce is invalid.