Gittin Daf 85 גיטן דַף 85

The next Mishnah states: הרי את מותרת לכל אדם אלא לאבא ולאביך – One who says, “You are permitted with this get to all men, except for my father and your father,” or any other relatives (with a kares liability) with whom kiddushin are ineffective anyway, the get is valid because he has not practically excluded anyone from the divorce. If he excluded a widow from marrying a Kohen Gadol, or any other marriage prohibited only with a negative commandment, the get is invalid, since such kiddushin would have taken effect if not for the exclusion. The Gemara asks: חוץ מקדושי קטן מהו – If he stipulated the divorce to be except for the kiddushin of a particular minor, what is the halachah? Do we say the get is valid since the minor is currently incapable of kiddushin, או דלמא אתי לכלל הויה – or perhaps since he is destined to be eligible for kiddushin upon reaching adulthood, excluding him from the divorce invalidates the get? The Gemara proves that he is viewed as eligible for kiddushin, so excluding him would invalidate a get. The Gemara also asks about excluding הנולדים - those yet to be born, since they do not even exist, as well as excluding her sister’s husband, whom she currently cannot marry, but can if her sister dies

The Gemara asks about a series of six exclusions in a get that do not exclude marriage itself, but laws which are dependent on marriage. It first asks: (1) חוץ מזנותיך מהו – If he says, “You are permitted to everyone, except regarding promiscuous relations,” what is the halachah? בנשואין הא לא שייר – Is it valid, because he did not retain his marriage regarding her marrying others, או דלמא שייר בביאה – or perhaps it is invalid, because he retained his marriage regarding relations? The Gemara asks five more questions: (2) חוץ משלא כדרכה – excluding unnatural relations, (3) חוץ מהפרת נדריך – excluding the right to void your nedarim (that the husband retains his right to void them), (4) חוץ מתרומתיך – excluding your terumah, that she should not be able to eat terumah if she marries a Kohen, (5) חוץ מירושתיך – excluding your inheritance, that the first husband retains his right to inherit her. The previous three cases are not marriage restrictions, but the Torah describes them as parts of marriage. (6) חוץ מקידושיך בשטר – excluding your kiddushin with the method of a shtar, but she can marry with another method. These five questions remain unresolved.

The next Mishnah states: גופו של גט – The critical text of a get is, הרי את מותרת לכל אדם – ”You are permitted to anyone.” Rebbe Yehudah requires a more explicit statement: ודן דיהוי ליכי מינאי – And this is for you from me, ספר תירוכין – a document of sending away, ואגרת שבוקין – a letter of abandonment, וגט פטורין – and a document of release, למהך להתנסבא לכל גבר דיתצביין – to go marry any man you want. The Gemara explains the basis of the machlokes. The Rabbonon hold: ידים שאין מוכיחות הויין ידים – inconclusive partial expressions are adequate partial expressions. Therefore, even without writing "ודן" – and this, identifying the get as the mode of divorce, it is self-evident that he is doing so. Rebbe Yehudah holds ידים שאין מוכיחות are not sufficient partial expressions, because one could conceivably think he is divorcing her orally, and the get is merely for proof. Therefore, Rebbe Yehudah requires writing the additional word, "ודן".