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Encyclopedia > Gittin

Nashim ("Women") is the third order of the Mishnah (also of the Tosefta and Talmud), containing the laws related to women and family life. Of the six orders of the Mishna, it is the second shortest. The order consists of 7 tractates: The Mishnah (Hebrew משנה, repetition) is a major source of rabbinic Judaisms religious texts. ... The Tosefta is a second compilation of oral law from the period of the Mishnah. ... The Talmud (תלמוד) is a record of rabbinic discussions on Jewish law, Jewish ethics, customs, legends and stories, which Jewish tradition considers authoritative. ... The Mishnah (Hebrew משנה, Repetition) is a major source of rabbinic Judaisms religious texts. ...

  1. Yevamot: ("Levirates"); Deals with levirate marriage (Deut 15) and other topics, such as the status of minors. 16 chapters
  2. Ketubot: ("Marriage Contracts"); Deals with the Ketubah - the world's first "pre-nuptial" agreement, as well as topics such as virginity and the obligations of a couple towards each other. 13 chapters
  3. Nedarim: ("Vows"); Deals with various types of vows and their legal consequences. 11 chapters
  4. Nazir: ("One who abstains"); Deals with the details of the Nazirite vow and being a Nazirite (Num 6). 9 chapters
  5. Sotah: ("One who goes astray"); Deals with the ritual of the Sotah - the woman suspected of adultery (Num 6) as well as other rituals involving a spoken formula (such as breaking the heifer's neck). 9 chapters
  6. Gittin: ("Bills of Divorce"); Deals with the concepts of divorce, the legal document and the use of agents in divorce. 9 chapters
  7. Kiddushin: ("Betrothal"); Deals with the initial stage of marriage - betrothal, as well as the laws of Jewish lineages. 4 chapters

The traditional reasoning for the order of tractes (according to Rambam) is as follows. Yevamot is first because unlike the others, it is largely concerned with a compulsory commandment (levirate marriage) as opposed to a voluntary one. Ketubot follows as it signifies the beginning of married life. Nedarim follows because once a man is married to a woman, he has the legal right (under certain conditions) to annul her vows. Nazir, dealing with a special type of vow is a continuation on the subject of vows. The final section deals with the end of a marriage with Sotah which is concerned with infidelity and Gittin which is about actual divorce (Rambam's order swaps these two). Finally, Kiddushin is at the end because it follows the Scriptural order that once a woman is divorced, she can get betrothed to any man, this subsequent betrothal symbolised by the placement of Kiddushin. Yibbum ( pronounced yee-boom) or Levirate marriage, in Judaism, is commonly translated as levirate marriage, one of the most complex types of marital unions mandated by Torah law, and which is not presently practiced in its full application. ... A ketubah is a Jewish marriage contract. ... A Nazirite or Nazarite, Nazir in Hebrew, was a Jew who took an ascetic vow described in the Book of Numbers at 6:1-21. ... Rabbi Moshe ben Maimon (Hebrew: רבי משה בן מיימון; Arabic: Mussa bin Maimun ibn Abdallah al-Kurtubi al-Israili; March 30, 1135—December 13, 1204), commonly known by his Greek name Maimonides, was a Jewish rabbi, physician, and philosopher. ...


Both the Babylonian and Jerusalem Talmud have a Gemara on each of the tractates in the Order. The Gemara (גמרא - from gamar: Hebrew [to] complete; Aramaic [to] study) is a component of the Talmud, comprising the rabbinical commentaries and analysis on the Mishnah, undertaken in the Academies of Palestine and Babylon over a 300 year period to about 500. ...


References


  Results from FactBites:
 
Parshat ??? (3147 words)
The Mishna (Gittin 67b) teaches that a husband who seek to divorce his wife but cannot verbally appoint a scribe and witnesses because he cannot speak is asked whether he wishes a Get to be written on his behalf.
In Gittin 72a, the Talmud cites a Braita that strongly implies that a husband may not issue appointments by telling a third party to appoint a scribe and witnesses.
Rosh (Gittin 7:19) explains that the difference is that nodding the head is a bodily act and is therefore analogous to speech.
19mea (3231 words)
The ninth chapter of Gittin begins: "If one divorces his wife and says to her 'You are hereby permissible to every man except for one particular person,' R. Eliezer validates [the get] and the Chakhamim disqualify [it]." The gemara (82b) relates a question raised by R. Abba.
The Ramban (whose approach is presented and subsequently rejected by the Rashba) claims that R. Yochanan's ruling is consistent with the conclusion of the gemara in Gittin.
Consequently, the ruling of R. Yochanan is consistent with the conclusion of the sugya in Gittin.
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