Introduction This mishnah continues listing the leniencies of Beth Shammai. The issues listed in our mishnah are from the realm of marital law.
A woman is betrothed by a denar or the value of a denar, according to the opinion of Beth Shammai. But Beth Hillel says: by a perutah or the value of a perutah. And how much is a perutah? One-eighth of an Italian issar. There are two stages in the Jewish marital process: kiddushin (betrothal) and nisuin (marriage). We will learn these laws more extensively when we learn Seder Nashim. For now I will merely mention that kiddushin creates a stronger bond than secular engagement does in our day. In order to separate from Jewish betrothal there is a need for a full divorce. One of the ways of contracting betrothal is for the man to give something of value to a woman. Today this is usually performed with a ring, a custom not mentioned in the Mishnah or even in the Talmud. According to Beth Shammai, the minimum amount that a man had to give a woman was a denar. While it is hard to know how much a denar was worth at those times, it probably was not more than a day’s wages, and maybe even less. Beth Hillel holds that a man can give a woman an even lesser amount, even one perutah, which was worth almost nothing.
Beth Shammai says: one may dismiss his wife with an old bill of divorcement, But Beth Hillel forbids it. What is an old bill of divorcement? Whenever he was secluded with her after he has written it for her. This section discusses a man who writes a get (a divorce bill) for his wife but is secluded with her before he gives it to her (the divorce is not effective until she receives the get). If he had relations with her at this time, the get would nullified and in order to divorce her he would have to write a new get. Beth Shammai says that even though they were secluded we don’t suspect that they had relations and therefore, he may still give her the previously written get. Beth Hillel does suspect that they had relations, and therefore obligates the man to write a new get, if he wishes to divorce his wife.
One who divorces his wife and she [afterwards] spends a night with him at the [same] inn: Beth Shammai says: she does not require a second bill of divorcement from him. But Beth Hillel says: she requires a second bill of divorcement from him. When [does she require a second bill of divorcement]? (4) When she was divorced after marriage. ( But if she was divorced after betrothal she does not require from him a second bill of divorcement, since he is not [yet] familiar with her. This section discusses a similar incidence, except in this case the couple was already divorced before they were secluded. The question is did they have relations while secluded? If they did they may be betrothed, since sexual relations is one of the ways in which betrothal may be contracted (see Kiddushin 1:1). According to Beth Shammai we do not suspect that they had relations, and therefore she doesn’t need a new get from her former husband (the new get would allow her to marry someone else). Beth Hillel fears that they did have relations, and therefore she needs a new get if she wishes to marry someone else. The final clause limits this ruling of Beth Hillel to a couple that was already married. Since they were already sexually familiar with each other, we suspect that they may have again had sexual relations while they were at the inn. However, if the couple had been divorced before they were married, while they were still betrothed, there had not been sexual familiarity between them and therefore Beth Hillel does not suspect that they had relations while secluded. In this case Beth Hillel would agree with Beth Shammai that they do not need a get.
Questions for Further Thought:
Why are these leniencies of Beth Shammai? To whom is Beth Shammai lenient?