Mishnayos Gittin Perek 4 Mishnah 7

משום שם רע – talk casting aspersion against her [on account of] unchastity

משום נדר – that she took an vow and he [i.e., her husband] said: It is impossible for me [to be married] to a woman who takes vows.

לא יחזיר – And even if it were found that the words [against her] were false, or that the vow was released by a Sage, lest she go and marry another and it is found that the words of aspersion against her [on account of] unchastity were found to be false, and that her vow would be released by a Sage, and she would not be considered unrestrained in taking vows, and he [i.e. the husband] would say: If I had known that this was the case, even if they gave me one-hundred Maneh, I would not divorce her, and the Jewish bill of divorce would be considered void and her children would be illegitimate. Therefore, we say to him: Note that one who dismisses his wife because of an evil name or because of a vow cannot remarry [her] ever. And because of these words, he completes her divorce’ and no one is able to further disgrace her through immorality.

רבי יהודה אומר: כל נדר שידעו בו רבים לא יחזיר – Rabbi Yehuda thinks that the reason that what the Rabbis said – that a person who dismisses {i.e, divorce) his wife because of a bad name or because of a vow, should not remarry her in order that Jewish women should not be loose in moral conduct or in vows (Gittin 46a), and because of this, it is stated that a vow that the public knew about – ten or more Israelites [involved], there is greater licentiousness, and they fine her and he cannot remarry her. But, if the public did not know about it, there is no licentiousness at all and they do not fine her.

לא יחזיר – since Rabbi Meir thinks that the reason is because of moral corruption. Therefore, a vow which cannot be annulled but that a Sage can release it, he [i.e., the husband] can corrupt the Jewish bill of divorce after she has married another [man] and say: If had known that a Sage can release it [the vow, I would not have divorced her.

ושאינו צריך חקירת חכם – but rather he can annul it [the vow] and there would be no need for the Sages to prohibit him from remarrying her, because he is not able to damage her and say, “If I had known etc.,” for it is an open vow and he can either annul it or not annul it.

לא אסרו זה – that requires the study of a Sage [to find the means of absolving the vow to permit him] to remarry [her].

אלא מפני זה – that it is not necessary, for had it been necessary, we would not have to worry about disgracing her by immorality, since he would not be able to say: Had I known that a Sage can release it [i.e., the vow] , I would not have divorced [her], for we testify that even though this is the case, he would divorce her, and a man does not want to have his wife despised/humbled in the Jewish court in front of a Sage where she would go to the court and make petition about her vow, but because a vow that does not require a Sage [to release her] and the husband can annul it, they forbade all of them so that he would not say: “If I had known that I could annul it, it would not have divorced her.”

א"ר יוסי ברבי יהודה כו' In the Gemara it explains that the Mishnah is deficient (i.e., missing something) and it should be taught as follows: What are we speaking about: When she made the vow, but if he made the vow that he would divorce her and he divorced her, he may remarry her and we don’t worry about her degeneracy.

ואמר ר' יוסי ברבי יהודה: מעשה נמי בצידן באחד שאמר לאשתו קונם אם איני מגרשך – that is to say, that all the fruit that is in the world will be forbidden to me if I do not divorce you, and he divorced her, but the Sages ruled leniently to him that he may remarry her.

מפני תקון העולם – that is to say, that the Sages did not say that a man who divorces his wife because of a vow should not remarry her other than because of the sake of the social order for we fear for moral degeneracy, but that does not belong other than on account of a vow she took , but if he took a vow, and there is nothing here [concerning] the sake of the social order, they permitted him to remarry her. And the Halakha is according to Rabbi Yehuda.