In a case of one who throws a bill of divorce to his wife, and she is in her house or in her courtyard at the time, then she is divorced as though he placed the bill of divorce in her hand. If he threw it to her in his house or in his courtyard, even if the bill of divorce is with her in the bed, she is not divorced. If he threw the bill of divorce into her lap, or into her basket [kaltah], she is divorced, even if she was in her husband’s house at the time.
If he said to his wife: Take this promissory note, and it was a bill of divorce, or she found it behind him and he did not tell her what it was but she reads what is written in it and discovers that it is her bill of divorce, it is not a valid bill of divorce until he says to her: This is your bill of divorce. If he gave it to her in her hand and she was sleeping, and he then woke her, and when she reads what is written in it, she finds that it is her bill of divorce, it is not a valid bill of divorce until he says to her: This is your bill of divorce. If the woman was standing in the public domain and her husband took the bill of divorce and threw it to her, if it fell closer to her, she is divorced, and if it fell closer to him, she is not divorced. If it is equally balanced, there is uncertainty as to whether she is divorced or whether she is not divorced.
And the samehalakhot apply with regard to betrothal.And the samehalakhot apply with regard to a debt. If his creditor said to him: Throw the payment for my debt to me, and he threw it to him and the money fell closer to the creditor, the creditor acquired the payment. The debtor is absolved of his obligation to pay even if the money did not reach the creditor’s hand, e.g., it was stolen or lost after it was thrown and before the creditor was able to take it. If it fell closer to the debtor and the money was lost, the debtor is still obligated to pay. If it was equally balanced and was lost, the two of them divide it, i.e., the debtor owes half of the amount. If a woman was standing on top of the roof and her husband was standing below, and he threw a bill of divorce to her, once the bill of divorce reaches the airspace of the roof, she is divorced. If he was above on the roof and she was below, and he threw it to her, once it leaves the area of the roof, even if the wording was erased or the document was burned before it fell to the ground, she is divorced.
Beit Shammai say: A man may send, i.e., divorce, his wife with an outdated bill of divorce, and Beit Hillel prohibit him from doing so. And what is an outdated bill of divorce? Any case where he was secluded with her after he wrote it for her and before he gave it to her.
If he wrote the date on the bill of divorce using a calendrical system that counts years in the name of a kingdom that is not legitimate, or he wrote the date in the name of the kingdom of Media, or in the name of the Greek Empire, after it ceased to exist, or he wrote the date counting to the building of the Temple, or counting to the destruction of the Temple, in all these case, the bill of divorce is not valid. In the time of the mishna, the local government was particular that documents be dated with the official government date. Therefore, the Sages instituted that this must be done in bills of divorce as well. If one deviates from this practice, the rabbinic dictates of bills of divorce have been violated, and the bill of divorce is invalid. If he was in the east and he wrote the location in the bill of divorce as in the west, or if he was in the west and he wrote the location in the bill of divorce as in the east, the bill of divorce is not valid. If he divorced her with this bill of divorce and she remarried, she must leave both this first husband and that second husband, and she needs a bill of divorce from this husband and that husband. And she does not receive payment of her marriage contract, and not the profits from her properties that her husband consumed, and she does not have a claim to receive sustenance, and she does not have a claim to worn clothes that belonged to her, but which her husband used. She cannot demand these items, not of this husband and not of that husband. If she took any of these items from this husband or from that husband, she must return what was taken. And the child that was born from this husband or from that husband that was conceived after she married the second husband is a son born from an adulterous relationship [mamzer]. And neither this husband nor that husband, if they are priests, is permitted to become ritually impure by her when she dies, which a husband may ordinarily do for his wife. And neither this husband nor that husband have the rights to objects she finds, or to her earnings, or to the annulment of her vows. If she was an Israelite woman, then through these two marriages she becomes disqualified from marrying into the priesthood, due to the prohibition against a priest marrying a zona. If she was the daughter of a Levite, through these two marriages she becomes prohibited from partaking of the tithe that is given to Levites. If she was the daughter of a priest, she becomes prohibited from partaking of teruma, even after she returns to the house of her father the priest. And the heirs of this husband and the heirs of that husband do not inherit the rights to collect payment of her marriage contract if she dies. And if the husbands die, the brother of this first husband and the brother of that second husband perform ḥalitza, since she was betrothed to the second one as well, and they do not consummate the levirate marriage. The mishna proceeds to teach an additional halakha concerning a bill of divorce written not in accordance with its halakhot: If he changed his name, i.e., he wrote a different name in the bill of divorce, or he changed her name, or if he changed the name of his city or the name of her city, and she remarried on the basis of this bill of divorce, then she must leave both this first husband and that second husband. And all of those above-mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her in this case as well.
The mishna teaches another halakha associated with the previous halakhot: With regard to all of those cases in which they said that a man who died without children and left behind a widow who is, to the man’s brother, one of those with whom relations are forbidden, e.g., she is his wife’s sister, not only is there no levirate bond for her, but the rival wives of the brother who died are also permitted to marry without either levirate marriage or ḥalitza. The mishna discusses another case: These rival wives went and married another man without ḥalitza, and these widows with whom relationships were forbidden were found to be sexually underdeveloped women incapable of bearing children [ailonit]. Therefore, it became clear, retroactively, that the marriage to the dead brother was never valid, and accordingly, the rival wives were never exempt from the obligation of levirate marriage due to their being the rival wives of a forbidden relationship. Consequently, the rival wives were forbidden to marry anyone else without ḥalitza, and the rival wives must leave both this man whom they remarried, and thatyavam, i.e., they cannot enter into levirate marriage with him. And all of those above-mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her in this case as well.
Similarly, with regard to one who marries his yevama, and her rival wife went and got married to another man, and it was found that thisyevamawas a sexually underdeveloped woman, the rival wife must leave this man whom she remarried and thatyavam, i.e., she cannot enter into levirate marriage with him. Because the yevama was a sexually underdeveloped woman, the obligation of levirate marriage never applied to her, and her levirate marriage did not exempt her rival wife. And all of those aforementioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her in this case as well.
The mishna now discusses another case: A scribe wrote a bill of divorce for a man, so that the man could divorce his wife with it; and he wrote a receipt for the woman, for her to give to her husband upon receiving payment of her marriage contract, verifying that she received the payment. And the scribe erred and gave the bill of divorce to the woman and the receipt to the man, and not knowing what was written in the documents that were in their possession, they gave what they received from the scribe to each other. The woman gave her husband a bill of divorce and the husband gave his wife a receipt, and consequently, there was no divorce at all. And after some time, the bill of divorce is in the possession of the man, and the receipt is in the possession of the woman, and they discover that the divorce never actually transpired. If the woman had remarried another man, she must leave this, the first husband, and that, the second husband. And all of those above-mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her in this case as well. Rabbi Elazar says: If the bill of divorce is immediately [le’altar] in the husband’s possession, this is not a valid bill of divorce, since he clearly never gave it to her. But if it is in his possession after some time, then this is a valid bill of divorce, since it is not in the power of the first husband to eliminate the right of the second husband. The assumption is that the husband did in fact give her the bill of divorce in the correct manner, but at some point, he took it back from her. If one wrote a bill of divorce to divorce his wife, and reconsidered and did not give it to her, Beit Shammai say: Although merely writing the bill of divorce does not dissolve the marriage, by doing so he disqualified her from marrying into the priesthood. And Beit Hillel say: Even if he gave the bill of divorce to her conditionally and the condition was not fulfilled, and therefore the bill of divorce did not take effect, he did not disqualify her from marrying into the priesthood. A woman is disqualified from marrying into the priesthood only if the divorce takes effect.
With regard to one who divorces his wife, and afterward she spent the night with him at an inn [befundaki], Beit Shammai say: She does not require a second bill of divorce from him, and Beit Hillel say: She requires a second bill of divorce from him, since they may have engaged in sexual intercourse at the inn and thereby betrothed her once again. When did they say this halakha? When she was divorced following the state of marriage. Beit Hillel concede that when she was divorced following the state of betrothal, she does not require a second bill of divorce from him, due to the fact that he is not accustomed to her. Therefore, there is no concern that they engaged in sexual intercourse, even though they spent the night together at the inn. If a woman was married by her second husband on the basis of receiving a bare bill of divorce, i.e., a folded and tied bill of divorce that is missing signatures, she must leave both this, the first husband, and that, the second husband. And all of those previously mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier mishna (79b) apply to her in this case as well.
With regard to a bare bill of divorce; anyone, even those who are disqualified from bearing witness, can complete it, i.e., sign it in addition to the primary witnesses, so that it will not remain bare. This is the statement of ben Nannas. Rabbi Akiva says: Not all who are disqualified from bearing witness can complete it. Rather, only relatives who are fit to testify in another case. Rabbi Akiva permits only the inclusion of witnesses who would ordinarily be valid witnesses, but who are invalid here because they are relatives of either the husband and wife or the other witnesses. And what is a bare bill of divorce? It is any bill of divorce where the number of its folds is more than the number of its witnesses. In a folded and tied bill of divorce, the bill of divorce is folded and the folds are then tied. Instead of having two witnesses sign at the bottom of the document, witnesses would sign on each tied fold. A bare bill of divorce has more folds than signatures, i.e., some folds lack signatures.
הַזּוֹרֵק גֵּט לְאִשְׁתּוֹ וְהִיא בְתוֹךְ בֵּיתָהּ אוֹ בְתוֹךְ חֲצֵרָהּ, הֲרֵי זוֹ מְגֹרֶשֶׁת. זְרָקוֹ לָהּ בְּתוֹךְ בֵּיתוֹ אוֹ בְתוֹךְ חֲצֵרוֹ, אֲפִלּוּ הוּא עִמָּהּ בַּמִּטָּה, אֵינָהּ מְגֹרֶשֶׁת. לְתוֹךְ חֵיקָהּ אוֹ לְתוֹךְ קַלְתָּהּ, הֲרֵי זוֹ מְגֹרָשֶׁת:
In a case of one who throws a bill of divorce to his wife, and she is in her house or in her courtyard at the time, then she is divorced as though he placed the bill of divorce in her hand. If he threw it to her in his house or in his courtyard, even if the bill of divorce is with her in the bed, she is not divorced. If he threw the bill of divorce into her lap, or into her basket [kaltah], she is divorced, even if she was in her husband’s house at the time.
אָמַר לָהּ, כִּנְסִי שְׁטָר חוֹב זֶה, אוֹ שֶׁמְּצָאָתוֹ מֵאֲחוֹרָיו, קוֹרְאָה וַהֲרֵי הוּא גִטָּהּ, אֵינוֹ גֵט, עַד שֶׁיֹּאמַר לָהּ, הֵא גִטֵּךְ. נָתַן בְּיָדָהּ וְהִיא יְשֵׁנָה, נֵעוֹרָה, קוֹרְאָה וַהֲרֵי הוּא גִטָּהּ, אֵינוֹ גֵט, עַד שֶׁיֹּאמַר לָהּ הֵא זֶה גִטֵּךְ. הָיְתָה עוֹמֶדֶת בִּרְשׁוּת הָרַבִּים וּזְרָקוֹ לָהּ, קָרוֹב לָהּ, מְגֹרֶשֶׁת. קָרוֹב לוֹ, אֵינָהּ מְגֹרֶשֶׁת. מֶחֱצָה עַל מֶחֱצָה, מְגֹרֶשֶׁת וְאֵינָהּ מְגֹרָשֶׁת:
If he said to his wife: Take this promissory note, and it was a bill of divorce, or she found it behind him and he did not tell her what it was but she reads what is written in it and discovers that it is her bill of divorce, it is not a valid bill of divorce until he says to her: This is your bill of divorce. If he gave it to her in her hand and she was sleeping, and he then woke her, and when she reads what is written in it, she finds that it is her bill of divorce, it is not a valid bill of divorce until he says to her: This is your bill of divorce. If the woman was standing in the public domain and her husband took the bill of divorce and threw it to her, if it fell closer to her, she is divorced, and if it fell closer to him, she is not divorced. If it is equally balanced, there is uncertainty as to whether she is divorced or whether she is not divorced.
וְכֵן לְעִנְיַן קִדּוּשִׁין. וְכֵן לְעִנְיַן הַחוֹב. אָמַר לוֹ בַּעַל חוֹבוֹ, זְרֹק לִי חוֹבִי, וּזְרָקוֹ לוֹ, קָרוֹב לַמַּלְוֶה, זָכָה הַלֹּוֶה. קָרוֹב לַלֹּוֶה, הַלֹּוֶה חַיָּב. מֶחֱצָה עַל מֶחֱצָה, שְׁנֵיהֶם יַחֲלֹקוּ. הָיְתָה עוֹמֶדֶת עַל רֹאשׁ הַגַּג וּזְרָקוֹ לָהּ, כֵּיוָן שֶׁהִגִּיעַ לַאֲוִיר הַגַּג, הֲרֵי זוֹ מְגֹרֶשֶׁת. הוּא מִלְמַעְלָה וְהִיא מִלְּמַטָּה וּזְרָקוֹ לָהּ, כֵּיוָן שֶׁיָּצָא מֵרְשׁוּת הַגַּג, נִמְחַק אוֹ נִשְׂרַף, הֲרֵי זוֹ מְגֹרָשֶׁת:
And the same halakhot apply with regard to betrothal. And the same halakhot apply with regard to a debt. If his creditor said to him: Throw the payment for my debt to me, and he threw it to him and the money fell closer to the creditor, the creditor acquired the payment. The debtor is absolved of his obligation to pay even if the money did not reach the creditor’s hand, e.g., it was stolen or lost after it was thrown and before the creditor was able to take it. If it fell closer to the debtor and the money was lost, the debtor is still obligated to pay. If it was equally balanced and was lost, the two of them divide it, i.e., the debtor owes half of the amount. If a woman was standing on top of the roof and her husband was standing below, and he threw a bill of divorce to her, once the bill of divorce reaches the airspace of the roof, she is divorced. If he was above on the roof and she was below, and he threw it to her, once it leaves the area of the roof, even if the wording was erased or the document was burned before it fell to the ground, she is divorced.
בֵּית שַׁמַּאי אוֹמְרִים, פּוֹטֵר אָדָם אֶת אִשְׁתּוֹ בְגֵט יָשָׁן. וּבֵית הִלֵּל אוֹסְרִין. וְאֵיזֶהוּ גֵט יָשָׁן, כֹּל שֶׁנִּתְיַחֵד עִמָּהּ אַחַר שֶׁכְּתָבוֹ לָהּ:
Beit Shammai say: A man may send, i.e., divorce, his wife with an outdated bill of divorce, and Beit Hillel prohibit him from doing so. And what is an outdated bill of divorce? Any case where he was secluded with her after he wrote it for her and before he gave it to her.
כָּתַב לְשׁוּם מַלְכוּת שְׁאֵינָהּ הוֹגֶנֶת, לְשׁוּם מַלְכוּת מָדַי, לְשׁוּם מַלְכוּת יָוָן, לְבִנְיַן הַבַּיִת, לְחֻרְבַּן הַבַּיִת, הָיָה בַמִּזְרָח וְכָתַב בַּמַּעֲרָב, בַּמַּעֲרָב וְכָתַב בַּמִּזְרָח, תֵּצֵא מִזֶּה וּמִזֶּה, וּצְרִיכָה גֵט מִזֶּה וּמִזֶּה, וְאֵין לָהּ לֹא כְתֻבָּה וְלֹא פֵרוֹת וְלֹא מְזוֹנוֹת וְלֹא בְלָאוֹת, לֹא עַל זֶה וְלֹא עַל זֶה. אִם נָטְלָה מִזֶּה וּמִזֶּה, תַּחֲזִיר. וְהַוָּלָד מַמְזֵר מִזֶּה וּמִזֶּה. וְלֹא זֶה וָזֶה מִטַּמְּאִין לָהּ, וְלֹא זֶה וָזֶה זַכָּאִין לֹא בִמְצִיאָתָהּ וְלֹא בְמַעֲשֵׂה יָדֶיהָ וְלֹא בַהֲפָרַת נְדָרֶיהָ. הָיְתָה בַת יִשְׂרָאֵל, נִפְסֶלֶת מִן הַכְּהֻנָּה. בַּת לֵוִי, מִן הַמַּעֲשֵׂר. בַּת כֹּהֵן, מִן הַתְּרוּמָה. וְאֵין יוֹרְשָׁיו שֶׁל זֶה וְיוֹרְשָׁיו שֶׁל זֶה יוֹרְשִׁין כְּתֻבָּתָהּ. וְאִם מֵתוּ, אָחִיו שֶׁל זֶה וְאָחִיו שֶׁל זֶה חוֹלְצִין וְלֹא מְיַבְּמִין. שִׁנָּה שְׁמוֹ וּשְׁמָהּ, שֵׁם עִירוֹ וְשֵׁם עִירָהּ, תֵּצֵא מִזֶּה וּמִזֶּה, וְכָל הַדְּרָכִים הָאֵלּוּ בָהּ:
If he wrote the date on the bill of divorce using a calendrical system that counts years in the name of a kingdom that is not legitimate, or he wrote the date in the name of the kingdom of Media, or in the name of the Greek Empire, after it ceased to exist, or he wrote the date counting to the building of the Temple, or counting to the destruction of the Temple, in all these case, the bill of divorce is not valid. In the time of the mishna, the local government was particular that documents be dated with the official government date. Therefore, the Sages instituted that this must be done in bills of divorce as well. If one deviates from this practice, the rabbinic dictates of bills of divorce have been violated, and the bill of divorce is invalid. If he was in the east and he wrote the location in the bill of divorce as in the west, or if he was in the west and he wrote the location in the bill of divorce as in the east, the bill of divorce is not valid. If he divorced her with this bill of divorce and she remarried, she must leave both this first husband and that second husband, and she needs a bill of divorce from this husband and that husband. And she does not receive payment of her marriage contract, and not the profits from her properties that her husband consumed, and she does not have a claim to receive sustenance, and she does not have a claim to worn clothes that belonged to her, but which her husband used. She cannot demand these items, not of this husband and not of that husband. If she took any of these items from this husband or from that husband, she must return what was taken. And the child that was born from this husband or from that husband that was conceived after she married the second husband is a son born from an adulterous relationship [mamzer]. And neither this husband nor that husband, if they are priests, is permitted to become ritually impure by her when she dies, which a husband may ordinarily do for his wife. And neither this husband nor that husband have the rights to objects she finds, or to her earnings, or to the annulment of her vows. If she was an Israelite woman, then through these two marriages she becomes disqualified from marrying into the priesthood, due to the prohibition against a priest marrying a zona. If she was the daughter of a Levite, through these two marriages she becomes prohibited from partaking of the tithe that is given to Levites. If she was the daughter of a priest, she becomes prohibited from partaking of teruma, even after she returns to the house of her father the priest. And the heirs of this husband and the heirs of that husband do not inherit the rights to collect payment of her marriage contract if she dies. And if the husbands die, the brother of this first husband and the brother of that second husband perform ḥalitza, since she was betrothed to the second one as well, and they do not consummate the levirate marriage. The mishna proceeds to teach an additional halakha concerning a bill of divorce written not in accordance with its halakhot: If he changed his name, i.e., he wrote a different name in the bill of divorce, or he changed her name, or if he changed the name of his city or the name of her city, and she remarried on the basis of this bill of divorce, then she must leave both this first husband and that second husband. And all of those above-mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her in this case as well.
כָּל הָעֲרָיוֹת שֶׁאָמְרוּ צָרוֹתֵיהֶן מֻתָּרוֹת, הָלְכוּ הַצָּרוֹת הָאֵלּוּ וְנִשְּׂאוּ וְנִמְצְאוּ אֵלּוּ אַיְלוֹנִיּוֹת, תֵּצֵא מִזֶּה וּמִזֶּה, וְכָל הַדְּרָכִים הָאֵלּוּ בָהּ:
The mishna teaches another halakha associated with the previous halakhot: With regard to all of those cases in which they said that a man who died without children and left behind a widow who is, to the man’s brother, one of those with whom relations are forbidden, e.g., she is his wife’s sister, not only is there no levirate bond for her, but the rival wives of the brother who died are also permitted to marry without either levirate marriage or ḥalitza. The mishna discusses another case: These rival wives went and married another man without ḥalitza, and these widows with whom relationships were forbidden were found to be sexually underdeveloped women incapable of bearing children [ailonit]. Therefore, it became clear, retroactively, that the marriage to the dead brother was never valid, and accordingly, the rival wives were never exempt from the obligation of levirate marriage due to their being the rival wives of a forbidden relationship. Consequently, the rival wives were forbidden to marry anyone else without ḥalitza, and the rival wives must leave both this man whom they remarried, and that yavam, i.e., they cannot enter into levirate marriage with him. And all of those above-mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her in this case as well.
הַכּוֹנֵס אֶת יְבִמְתּוֹ וְהָלְכָה צָרָתָהּ וְנִשֵּׂאת לְאַחֵר וְנִמְצְאָה זֹאת שֶׁהִיא אַיְלוֹנִית, תֵּצֵא מִזֶּה וּמִזֶּה וְכָל הַדְּרָכִים הָאֵלּוּ בָהּ:
Similarly, with regard to one who marries his yevama, and her rival wife went and got married to another man, and it was found that this yevama was a sexually underdeveloped woman, the rival wife must leave this man whom she remarried and that yavam, i.e., she cannot enter into levirate marriage with him. Because the yevama was a sexually underdeveloped woman, the obligation of levirate marriage never applied to her, and her levirate marriage did not exempt her rival wife. And all of those aforementioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her in this case as well.
כָּתַב סוֹפֵר גֵּט לָאִישׁ וְשׁוֹבֵר לָאִשָּׁה, וְטָעָה וְנָתַן גֵּט לָאִשָּׁה וְשׁוֹבֵר לָאִישׁ, וְנָתְנוּ זֶה לָזֶה, וּלְאַחַר זְמַן הֲרֵי הַגֵּט יוֹצֵא מִיַּד הָאִישׁ, וְשׁוֹבֵר מִיַּד הָאִשָּׁה, תֵּצֵא מִזֶּה וּמִזֶּה, וְכָל הַדְּרָכִים הָאֵלּוּ בָהּ. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אִם לְאַלְתַּר יָצָא, אֵין זֶה גֵט. אִם לְאַחַר זְמַן יָצָא, הֲרֵי זֶה גֵט. לֹא כָל הֵימֶנּוּ מִן הָרִאשׁוֹן לְאַבֵּד זְכוּתוֹ שֶׁל שֵׁנִי. כָּתַב לְגָרֵשׁ אֶת אִשְׁתּוֹ וְנִמְלַךְ, בֵּית שַׁמַּאי אוֹמְרִים, פְּסָלָהּ מִן הַכְּהֻנָּה. וּבֵית הִלֵּל אוֹמְרִים, אַף עַל פִּי שֶׁנְּתָנוֹ לָהּ עַל תְּנַאי וְלֹא נַעֲשָׂה הַתְּנַאי, לֹא פְסָלָהּ מִן הַכְּהֻנָּה:
The mishna now discusses another case: A scribe wrote a bill of divorce for a man, so that the man could divorce his wife with it; and he wrote a receipt for the woman, for her to give to her husband upon receiving payment of her marriage contract, verifying that she received the payment. And the scribe erred and gave the bill of divorce to the woman and the receipt to the man, and not knowing what was written in the documents that were in their possession, they gave what they received from the scribe to each other. The woman gave her husband a bill of divorce and the husband gave his wife a receipt, and consequently, there was no divorce at all. And after some time, the bill of divorce is in the possession of the man, and the receipt is in the possession of the woman, and they discover that the divorce never actually transpired. If the woman had remarried another man, she must leave this, the first husband, and that, the second husband. And all of those above-mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier clause of the mishna apply to her in this case as well. Rabbi Elazar says: If the bill of divorce is immediately [le’altar] in the husband’s possession, this is not a valid bill of divorce, since he clearly never gave it to her. But if it is in his possession after some time, then this is a valid bill of divorce, since it is not in the power of the first husband to eliminate the right of the second husband. The assumption is that the husband did in fact give her the bill of divorce in the correct manner, but at some point, he took it back from her. If one wrote a bill of divorce to divorce his wife, and reconsidered and did not give it to her, Beit Shammai say: Although merely writing the bill of divorce does not dissolve the marriage, by doing so he disqualified her from marrying into the priesthood. And Beit Hillel say: Even if he gave the bill of divorce to her conditionally and the condition was not fulfilled, and therefore the bill of divorce did not take effect, he did not disqualify her from marrying into the priesthood. A woman is disqualified from marrying into the priesthood only if the divorce takes effect.
הַמְגָרֵשׁ אֶת אִשְׁתּוֹ וְלָנָה עִמּוֹ בְּפֻנְדְּקִי, בֵּית שַׁמַּאי אוֹמְרִים, אֵינָהּ צְרִיכָהּ הֵימֶנּוּ גֵט שֵׁנִי. וּבֵית הִלֵּל אוֹמְרִים, צְרִיכָה הֵימֶנּוּ גֵט שֵׁנִי. אֵימָתַי, בִּזְמַן שֶׁנִּתְגָּרְשָׁה מִן הַנִּשּׂוּאִין. וּמוֹדִים בְּנִתְגָּרְשָׁה מִן הָאֵרוּסִין שֶׁאֵינָהּ צְרִיכָה הֵימֶנּוּ גֵט שֵׁנִי, מִפְּנֵי שֶׁאֵין לִבּוֹ גַס בָּהּ. כְּנָסָהּ בְּגֵט קֵרֵחַ, תֵּצֵא מִזֶּה וּמִזֶּה, וְכָל הַדְּרָכִים הָאֵלּוּ בָהּ:
With regard to one who divorces his wife, and afterward she spent the night with him at an inn [befundaki], Beit Shammai say: She does not require a second bill of divorce from him, and Beit Hillel say: She requires a second bill of divorce from him, since they may have engaged in sexual intercourse at the inn and thereby betrothed her once again. When did they say this halakha? When she was divorced following the state of marriage. Beit Hillel concede that when she was divorced following the state of betrothal, she does not require a second bill of divorce from him, due to the fact that he is not accustomed to her. Therefore, there is no concern that they engaged in sexual intercourse, even though they spent the night together at the inn. If a woman was married by her second husband on the basis of receiving a bare bill of divorce, i.e., a folded and tied bill of divorce that is missing signatures, she must leave both this, the first husband, and that, the second husband. And all of those previously mentioned ways of penalizing a woman who remarried based on the bills of divorce detailed in the earlier mishna (79b) apply to her in this case as well.
גֵּט קֵרֵחַ, הַכֹּל מַשְׁלִימִין עָלָיו, דִּבְרֵי בֶן נַנָּס. רַבִּי עֲקִיבָא אוֹמֵר, אֵין מַשְׁלִימִין עָלָיו אֶלָּא קְרוֹבִים הָרְאוּיִין לְהָעִיד בְּמָקוֹם אַחֵר. וְאֵיזֶהוּ גֵּט קֵרֵחַ. כֹּל שֶׁקְּשָׁרָיו מְרֻבִּין מֵעֵדָיו:
With regard to a bare bill of divorce; anyone, even those who are disqualified from bearing witness, can complete it, i.e., sign it in addition to the primary witnesses, so that it will not remain bare. This is the statement of ben Nannas. Rabbi Akiva says: Not all who are disqualified from bearing witness can complete it. Rather, only relatives who are fit to testify in another case. Rabbi Akiva permits only the inclusion of witnesses who would ordinarily be valid witnesses, but who are invalid here because they are relatives of either the husband and wife or the other witnesses. And what is a bare bill of divorce? It is any bill of divorce where the number of its folds is more than the number of its witnesses. In a folded and tied bill of divorce, the bill of divorce is folded and the folds are then tied. Instead of having two witnesses sign at the bottom of the document, witnesses would sign on each tied fold. A bare bill of divorce has more folds than signatures, i.e., some folds lack signatures.