| פרק ד משנה ו | |
| המוכר עבדו לגוי |
One who sells his slave to a gentile |
| או לחוצה לארץ | or to [a master] outside of Eretz Yisroel |
| יצא בן חורין | he goes free (as such sales prevent him from fulfilling mitzvos). |
| אין פודין את השבויים | We do not redeem captives |
| יותר על כדי דמיהן | for more than their value |
| מפני תקון העולם | for the public good (as we fear it would encourage more hostage taking), |
| ואין מבריחין את השבויין | and we do not help captives escape |
| מפני תקון העולם |
for the public good (we fear that future captives will be mistreated as a result). |
| רבן שמעון בן גמליאל אומר | Rabban Shimon ben Gamliel says |
| מפני תקנת השבויין |
for the benefit of captives [who were left behind] (but he holds that we are not concerned about future captives). |
| ואין לוקחים | And we do not purchase |
| ספרים תפלין ומזוזות | sifrei torah, tefilin and mezuzos |
| מן הגוים | from gentiles |
| יותר על כדי דמיהן | for more than their value |
| מפני תקון העולם | for the public good. |
| פרק ד משנה ז | |
| המוציא את אשתו | One who divorces his wife |
| משום שם רע | [and specifes that it is] due to ill repute (i.e. suspected adultery) |
| לא יחזיר | he may not remarry her, |
| משום נדר | [if one divorces his wife] because of [she had made] a neder (behavior that he says that he finds objectionable in a wife) |
| לא יחזיר | he may not remarry her. |
| רבי יהודה אומר | Rabbi Yehuda says |
| כל נדר שידעו בו רבים |
[a husband who predicates his divorce on] any neder that is known to the public |
| לא יחזיר | he may not remarry her, |
| ושלא ידעו בו רבים | but if it was not known to the public |
| יחזיר | he may remarry her. |
| רבי מאיר אומר | Rabbi Meir says |
| כל נדר | [if he divorced her for] any neder |
| שצריך חקירת חכם | that requires the analysis of a sage [to be annulled] (as opposed to those that the husband can annul by himself) |
| לא יחזיר | he may not remarry her, |
| ושאינו צריך חקירת חכם | and if it does not require the analysis of a sage (and the husband can annul it himself) |
| יחזיר | he may remarry her. |
| אמר רבי אלעזר | Rabbi Elazar said |
| לא אסרו זה | they only forbade this (the case of a neder that requires the analysis of a sage) |
| אלא מפני זה | because of that (the case where the husband can nullify the neder by himself; that is to say, R' Elazar holds that both result in him being forbidden to remarry her). |
| אמר רבי יוסי בר יהודה | Rabbi Yosi bar Yehuda says |
| מעשה בצידן | there was an occurence in Sidon |
| באחד שאמר לאשתו | by one who said to his wife |
| קונם אם איני מגרשיך |
"Konam (which is an expression of a neder) if I do not divorce you" |
| וגרשה | and he divorced her |
| והתירו לו חכמים שיחזירנה | and the sages permitted him to remarry her |
| מפני תקון העולם | for the public good. |
NOTES
משנה ז
לא יחזיר - According to most מפרשים, the prohibition according to the תנא קמה is based on a fear that circumstances will lead to an ex-husband casting aspersions on the legitimacy of his ex-wife's new marriage, and by extension to the remarriage's children. In the case of suspected adultery, we fear that he will later learn that there was no adultery and claim that as the divorce was predicated on that, it had no effect and he had never really divorced her. With this תקנה, he would not bother with such a protest, as he would not be able to remarry her anyways. With regard to נדרים, we are afraid that if the נדר is later annulled, he will claim that had he known that the נדר could be nullified, he would not have given the גט, and so it is null and void. Thus, we ensure that he would never make such a claim.
רבי יהודה אומר כל נדר שידעו בו רבים - According to ר"י, these תקנות are not because we are afraid of an ex-husband casting aspersions on his e-wife's re-marriage, but as a matter of modesty, as a disincentive for women to recklessly make נדרים in public or conduct themselves in a manner that leads to rumors of infidelity.
רבי מאיר אמר כל נדר שצריך חקירת חכם - He holds that the reason for the prohibition on remarriage is because we fear the husband claiming that had he known that the נדר could be annulled, he would not have given it, and so had no effect. Thus, if the husband could have annulled it himself, such a claim would not be credible.
אמר רבי אלעזר לא אסרו זה אלא מפני זה - He held that it was the נדר that a husband could annul himself that created problems and warranted a תקנה for fear that he will later claim to have annulled it; but for that, we would not enact the same consequences for a נדר that required a חכם to annul it, as we assume that he would not subject her to the humiliation of such a procedure.