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1) DIVORCE BECAUSE OF ILL REPUTE

(a) (Gemara - Rav Yosef bar Minyomi) Version #1: [The prohibition to remarry her is only if he told her 'I divorce you because of your ill repute/because of the vow'.

1. He holds, the reason is lest she will get ruined (i.e. after she remarries, he will say, 'I would not have divorced you had I known that the ill repute was unfounded/the vow could have been permitted, your Get is invalid').
2. He can only ruin her if when he divorced her, he told her the reason.]

(b) Version #2: [A man must tell his wife that he divorces her because of her ill repute/the vow.

1. He holds, the prohibition to remarry is to discourage Benos Yisrael from looseness regarding incest and vows.

(c) Support (for Version #1 - Beraisa - R. Meir): A man that divorces his wife because of her ill repute may never remarry her, lest she will marry another man, and it will become clear that she was innocent. He will say, 'Had I known this, I would not have divorced her, even to receive 100 Maneh!'

1. Therefore, we tell him that he will never be allowed to remarry her. (If he still divorces her, it is clear that he has no desire to keep her.)

(d) Support (for Version #2 - Beraisa - R. Elazar b'Rebbi Yosi): A man that divorces his wife because of ill repute or a vow must tell her so at the time of divorce.

1. The prohibition to remarry is to discourage Benos Yisrael from looseness regarding incest and vows - therefore, he must tell her.

(a) (Mishnah): R. Yehudah says, if many knew about the vow, he may not remarry her; if not, he may.
(b) (R. Yehoshua ben Levi): R. Yehudah learns from "Benei Yisrael did not strike (the Givonim) because the heads of the tribes had sworn to them". (Because they swore in public, they could not permit the oath.)

1. Chachamim: The oath did not take effect at all, since they were deceived - the Givonim said they came from a distant land, and this was false.

i. They did not kill them in order to sanctify Hash-m's name.

(c) Question: What is considered many people (knowing of the vow)?
(d) Answer #1 (Rav Nachman): Three.
(e) Answer #2 (R. Yitzchak): Ten.

1. Rav Nachman learns from "Many days" said by a woman that sees Zivah (non-menstrual bleeding) - "days" teaches 2, "many" teaches a third day;
2. R. Yitzchak learns from "congregation" mentioned by the oath of the heads of the tribes; a congregation is at least 10.

(f) (Mishnah): R. Meir says, any vow which requires...
(g) (Beraisa - R. Elazar): We were only stringent regarding a vow which requires a Chacham to permit it on account of a vow that can be permitted without a Chacham.
(h) Question: On what do they argue?
(i) Answer: R. Meir holds, a man does not mind if his wife is disgraced (by having to appear) in Beis Din (had he known that her vow could be permitted in Beis Din, he would not have divorced her);
(j) R. Elazar holds, a man does not want his wife to be disgraced in Beis Din (so he would not have refrained from divorcing her, even if he knew that her vow could be permitted in Beis Din).

(a) (Mishnah): R. Yosi b'Rebbi Yehudah says, there was a case in Tzidon...
(b) Question: What was taught in the Mishnah, that this case comes to illustrate?
(c) Answer: The Mishnah is abbreviated, it means thusly: the prohibition to remarry only applies when he divorced her because of her vow; if he vowed, he may remarry her;

1. R. Yosi b'Rebbi Yehudah says, there was a case in Tzidon: Reuven said, 'If I do not divorce my wife, (something) will be forbidden as a sacrifice', and divorced her. Chachamim permitted him to remarry her, to fix the world.

2. Question: What did he forbid?
3. Answer (Rav Huna): He said, 'All fruits should be forbidden to me if I do not divorce you.'

(d) (Mishnah): Chachamim permitted him to remarry her...
(e) Question: This is obvious!
(f) Answer: One might have thought, we should decree on account of R. Noson.

1. (Beraisa - R. Noson): One who vows is as one who builds a private altar (when this is forbidden); fulfilling it (i.e. not having it permitted) is as one that offers on his private altar.
2. The Mishnah teaches that we do not decree (rather, he may remarry her).

(g) (Mishnah): To fix the world.
(h) Question: How does this fix the world?
(i) Answer #1 (Rav Sheshes): This phrase applies to the beginning of the Mishnah (when he may not remarry her).
(j) Answer #2 (Ravina): It refers to the last case - it means, in this case there was no need to decree to fix the world.

(a) (Mishnah - R. Yehudah): Reuven divorced his wife because she is an Ailonis - he may never remarry her;

1. Chachamim say, he may remarry her.

(b) R. Yehudah says: if she married someone else and had children, and demands that Reuven pay her a Kesuvah - we tell her, it is better for you to keep quiet.
(c) (Gemara) Question: May we infer that R. Yehudah is concerned for her ruin, and Chachamim are not?!
(d) Contradiction (Mishnah): Reuven divorced his wife because of her ill repute, or because of a vow - he may never remarry her;

1. R. Yehudah says, if many knew about the vow, he may not remarry her; if not, he may.
2. We see, Chachamim are concerned, and R. Yehudah is not!

(e) Answer #1 (Shmuel): The opinions in our Mishnah should be switched.

1. Question: But R. Yehudah says in the end of the Mishnah, if she married another man and had children from him and demands that Reuven pay her a Kesuvah - we tell her, it is better for you to keep quiet;

i. This shows, R. Yehudah is concerned for her ruin!

2. Answer: That also is switched to say 'Chachamim say'.

(f) Answer #2 (Abaye): The opinions need not be switched.

1. In the Mishnah of the vow, R. Yehudah holds as R. Meir and as R. Elazar.
2. He holds as R. Elazar regarding a vow that needs Beis Din to permit it (that a husband does not want his wife to be disgraced in Beis Din), and as R. Meir regarding a vow that the husband could have annulled (since he could have annulled it, this was not the reason he divorced her).
3. Objection (Rava): This only answers he contradiction in R. Yehudah, not in Chachamim!

(g) Completion of Answer #2 (Rava): Chachamim in our Mishnah hold as R. Meir, who says that a stipulation is invalid unless doubled (if this, then...; if not, then...).

1. The case is, he did not double the condition (to say, if you are not an Ailonis I do not divorce you), so there is no concern for her ruin.