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1) GROUNDS FOR DIVORCE

(a) (Mishnah - Beis Shamai): A man may only divorce his wife if he sees immorality - "For he saw in her immorality";
(b) Beis Hillel say, even if she burned the food, he may divorce her - "He found in her immorality (or) a matter";
(c) R. Akiva says, even if he finds a prettier girl - "If she does not find grace in his eyes".
(d) (Gemara - Beraisa - Beis Hillel): But it says "Matter" (so you cannot say that the only allowance is for immorality)!
(e) Beis Shamai: But it says "Immorality"!
(f) Beis Hillel: If it only said "Immorality", we would agree; if it only said "Matter", one would think, for a matter (e.g. burning the food), she may remarry; for immorality, she may never remarry;

1. Therefore, it was needed to say both.

(g) Question: What do Beis Shamai expound from "Matter"?
(h) Answer: They learn a Gezeirah Shavah "Davar-Davar"; just as 2 witnesses are required for monetary or bodily punishment, also to forbid a woman to her husband because of adultery.

1. Beis Hillel: If so, it should say "Immorality in a matter".
2. Beis Shamai: The way you learn, it should say "Immorality or a matter"!
3. Beis Hillel: The construct form "Ervas Davar" suggests that we learn both.

(i) (Mishnah): R. Akiva says, even if he finds a prettier girl..."
(j) They argue regarding Reish Lakish's teaching.

1. (Reish Lakish): The word 'Ki' has 4 meanings: 'if', 'perhaps', 'rather', and 'because'.
2. Beis Shamai learn, "She will not find grace in his eyes because he found immorality in her".
3. R. Akiva learns, "Whether she will not find grace in his eyes, (or) if he found immorality in her".

(k) Question (Rav Papa): What if he divorced her, even though he found neither immorality nor a matter (such as burning the food)?
(l) Answer (Rava): Regarding a man that raped a woman, the Torah said "He may not divorce her his entire life" - (if he divorced her), for the rest of his life he is commanded to remarry her;

1. Here, the Torah did not say he must remarry her.

(a) Question (Rav Mesharshiya): A man that lives with his wife, intending to divorce her - will he be punished (at the hands of Heaven)?
(b) Answer (Rava): "Do not plan evil against your companion that trusts you."
(c) (Beraisa - R. Meir): Just as people have different natures regarding food, also in women;

1. Some people will spill out their wine if a fly fell in - this corresponds to a man that locks his wife in the house, so she won't speak with other men;
2. Most people will remove a fly that fell in the wine; correspondingly, a normal man allows his wife to speak with her relatives;
3. Some people will suck the food off a fly that fell in their food - this corresponds to an evil man that does not protest when he sees his wife go out with uncovered hair, weave in public with her elbows exposed, and bathe with men.

i. Objection: No one would permit his wife to bathe with men!
ii. Correction: Rather, she bathes where men bathe.

4. It is a Mitzvah to divorce such women - "He found in her immorality...he sent her from his house, and she married a different man".

i. The Torah calls her next husband "different", for he is unlike the man the divorces her - the former expels evil from his house, the latter brings evil into his house.
ii. The next husband is fitting to be punished for this; if he merits, he will also divorce her; if not, he will die in her lifetime - "If the next husband will...send her...or die".

(d) (Rav Yehudah): "For he hates, he sends" - a man that hates his wife should divorce her;
(e) (R. Yochanan): This teaches that hated is one who divorces his wife.

1. They do not argue - R. Yochanan speaks of one's first mate, Rav Yehudah speaks of his second.
2. (R. Elazar): The Altar cries over one who divorces his first wife - "The Altar cries...because you betrayed your companion, the wife of your covenant."