Babylonian Talmud: Tractate Gittin

Folio 59a

I was in that assembly of Rabbi, and my vote was taken first. [How could this be], seeing that we have learnt: 'In [taking decisions on] money matters and cases of cleanness and uncleanness, they commence from the principal [of those present]; in capital cases, they commence from the side'?¹  Rabbah the son of Raba, or as some say R. Hillel the son of R. Wallas said: The voting at the court of Rabbi was different, as in all cases it commenced from the side.²

Rabbah the son of Raba, or as some say R. Hillel the son of R. Wallas also said: Between Moses and Rabbi we do not find one who was supreme both in Torah and in worldly affairs.³  Is that so? Was there not Joshua? — There was Eleazar [with him]. But there was Eleazar?⁴  — There was Phinehas [with him]. But there was Phinehas?⁵  — There were the Elders⁶  [with him]. But there was Saul?⁷  — There was Samuel [with him]. But Samuel died [before Saul]? — We mean, [supreme] all his life. But there was David? — There was Ira the Jairite⁸  [with him]. But he died [before David]? — We mean, [supreme] all his life. But there was Solomon? — There was Shimei ben Gera⁹  with him. But he killed him? — We mean, all his life. But there was Hezekiah? — There was Shebnah¹⁰  [with him]. But he was killed?¹¹  — We mean, all his life. But there was Ezra? — There was Nehemiah son of Hachaliah with him. R. Aha son of Raba said: I too say that between Rabbi and R. Ashi there was no-one who was supreme both in Torah and in worldly affairs. Is that so? Was there not Huna b. Nathan [with him]? — We do not count Huna b. Nathan because he used to defer to R. Ashi.

MISHNAH. A DEAF-MUTE CAN HOLD CONVERSATION BY MEANS OF GESTURES.¹²  BEN BATHYRA SAYS THAT HE MAY ALSO DO SO BY MEANS OF LIP-MOTIONS,¹³  WHERE THE TRANSACTION CONCERNS MOVABLES. THE PURCHASE OR SALE EFFECTED BY YOUNG CHILDREN¹⁴  IN MOVABLES IS VALID.

GEMARA. R. Nahman said: The difference between Ben Bathyra and the Rabbis is only on the question of movables, but where a Get is concerned both agree that gestures [must be used].¹⁵  Surely this is obvious; Ben Bathyra says distinctly 'MOVABLES'? — You might take this to mean 'where movable also are concerned'; hence we are told [that this is not so].

THE PURCHASE OR SALE EFFECTED BY YOUNG CHILDREN IN MOVABLES. What is the youngest age [at which they can do so]?¹⁶  — R. Judah pointed out to R. Isaac his son: About six or seven. R. Kahana said: About seven or eight. In a Baraitha it was taught: About nine or ten. There is no contradiction: Each [child] varies according to his intelligence. What is the reason [why this is allowed in the case of movables]? — R. Abba b. Jacob said in the name of R. Johanan: In order that they may procure ordinary necessities.¹⁷

And he said to him that was over the meltaha. Bring forth vestments for all the worshippers of Baal.¹⁸  What is meltaha?¹⁹  — R. Abba b. Jacob said in the name of R. Johanan: Something which is drawn out thin by fingering²⁰  [nimlal we-nimtah]. When R. Dimi came [from Palestine] he said in the name of R. Johanan: Bonias son of Nonias²¹  sent to Rabbi a sibni and a homes²²  and salsela and malmela.²³  The sibni and homes [folded tip] into the size of a nut and a half, the salsela²⁴  and malmela into the size of a pistachio-nut²⁵  and a half. What is malmela? Something which fingering draws out thin.²⁶

Up to what point [can advantage be taken of] their mistake? — R. Jonah said in the name of R. Zera: Up to a sixth, as with a grown-up.²⁷  Abaye inquired: What of the gift of such a one?²⁸  — R. Yemar replied. His gift is no gift. Mar, the son of R. Ashi, however, said that it is a valid gift. The [members of the Academy] communicated this statement to R. Mordecai with the names reversed.²⁹  He replied: Go and tell the son of the Master³⁰  that this does not correspond with the facts. As the Master was once standing with one foot on the ground and one on the steps³¹  we asked him, What of his gift, and he answered us, His gift is a valid gift, no matter whether made when he is ill or when he is well, whether it is a big gift or a small one.

MISHNAH. THE FOLLOWING RULES WERE LAID DOWN IN THE INTERESTS OF PEACE.³²  A PRIEST IS CALLED UP FIRST TO READ THE LAW³³  AND AFTER HIM A LEVITE AND THEN A LAY ISRAELITE, IN THE INTERESTS OF PEACE. AN 'ERUB³⁴  IS PLACED IN THE ROOM WHERE IT HAS ALWAYS BEEN PLACED,³⁵  IN THE INTERESTS OF PEACE.³⁶

1. I.e., from the youngest, as Rab would be, v. Sanh. 32a.
2. On account of his humility.
3. Lit., 'Torah and greatness in one place'.
4. After the death of Joshua.
5. After the death of Eleazar.
6. V. Jud. II, 7.
7. According to the Talmudic tradition ('Er. 53a), Saul was well versed in the Torah but he did not expound.
8. Chief Minister to David, II. Sam. XX, 26; cf. M.K. 16b.
9. V. II Sam. XIX, 18.
10. V. Sanh. 26a.
11. By Sennacherib. For fuller notes v. Sanh. (Sonc. ed.) p. 227.
12. Lit., 'Can gesticulate and be gesticulated to'.
13. Lit., 'can speak with movements (of the mouth) and be spoken to by movements'. This is not as clear as gesticulations with the fingers.
14. From six to nine or ten, v. infra 63b.
15. In spite of the fact that a deaf-mute may betroth by means of lip motions.
16. Lit., 'up to what age (are they in this matter regarded as children).'
17. Lit., 'for the provision of his livelihood'.
18. II Kings X, 22. As R. Abba b. Jacob has just been mentioned, another saying recorded by him in the name of R. Johanan is adduced.
19. E.V. 'vestry'.
20. I.e., fine linen.
21. In 'Er. 85, the name is given as Bonias b. Bonias.
22. Head-coverings of fine linen. [Aruch reads: subni and homes subni. For subni cf. [G] (sabanum) a 'head-cover'; homes is derived from [G] (half). On this reading the meaning is, he sent him a full size subanum and a half size sabanum. V. Krauss, TA I, p. 521.]
23. Names of various kinds of fine linen.
24. Cf. Heb. [H] 'to turn', 'to plait', hence 'to weave'.
25. Rashi: 'Acorn'.
26. The word is derived from [H] 'to crush', 'to rub between fingers'. [The reference is to the head-coverings made from fine elastic material worn by the Egyptian and Ethiopian nobility in antiquity. Krauss, op cit. p. 522].
27. Provided the error is rectified. The rule was that if an article was inadvertently bought or sold for more than a sixth of its value, the transaction could be declared void, v. B.M. 49b.
28. Since the consideration stated in connection with buying and selling does not apply in the case of a gift.
29. I.e., making R. Ashi's son say that the gift was no gift.
30. R. Ashi, whose disciple was R. Mordecai.
31. Leading up to the Academy.
32. Lit., 'on account of ways of peace'.
33. At the public reading in the synagogue etc.
34. Lit., 'mixture', 'combination', a measure introduced to enable tenants in a courtyard to have unrestricted access to the premises of other tenants. This is done by depositing some food in which all have a share in the house of one of the tenants. V. 'Er. VI-VII.
35. Lit., 'an old house'.
36. Between the residents, each of whom might want to have the erub in his own room.

THE PIT WHICH IS NEAREST THE [HEAD OF THE] WATERCOURSE¹  IS FILLED FROM IT FIRST,²  IN THE INTERESTS OF PEACE. [THE TAKING OF] BEASTS, BIRDS AND FISHES FROM SNARES [SET BY OTHERS] IS RECKONED AS A KIND OF ROBBERY,³  IN THE INTERESTS OF PEACE. R. JOSE SAYS THAT IT IS ACTUAL ROBBERY.⁴  [TO TAKE AWAY] ANYTHING FOUND BY A DEAF-MUTE, AN IDIOT OR A MINOR IS RECKONED AS A KIND OF ROBBERY,⁵  IN THE INTERESTS OF PEACE. R. JOSE SAYS: IT IS ACTUAL ROBBERY. IF A POOR MAN GLEANS ON THE TOP OF AN OLIVE TREE, [TO TAKE THE FRUIT] THAT IS BENEATH HIM⁶  IS COUNTED AS A KIND OF ROBBERY.⁷  R. JOSE SAYS IT IS ACTUAL ROBBERY. THE POOR OF THE HEATHEN MAY NOT BE PREVENTED FROM GATHERING GLEANINGS,⁸  FORGOTTEN SHEAVES,⁹  AND THE CORNER OF THE FIELD,¹⁰  IN THE INTERESTS OF PEACE.

GEMARA. [A PRIEST IS CALLED UP FIRST TO READ THE LAW]. What is the warrant for this? — R. Mattenah said: Because Scripture says, And Moses wrote this law and gave it to the priests the sons of Levi.¹¹  Now do we not know that the priests are the sons of Levi? What it means therefore is that the priests [are first] and then the sons of Levi. R. Isaac Nappaha said: We derive it from this verse, viz., And the priests the sons of Levi shall draw near.¹²  Now do we not know that the priests are the sons of Levi? What it signifies therefore is that the priests are first and then the sons of Levi. R. Ashi derived it from this verse, The sons of Amram were Aaron and Moses, and Aaron was separated to sanctify him as most holy.¹³  R. Hiyya b. Abba derived it from the following, And thou shalt sanctify him,¹⁴  This implies, [Give him precedence] in every matter which involves sanctification. A Tanna of the school of R. Ishmael taught: 'And thou shalt sanctify him', to wit, [give him precedence] in every matter involving sanctification, to open proceedings, to say grace first, and to choose his portion first.¹⁵

Said Abaye to R. Joseph: Is this rule only [a Rabbinical one] in the interests of peace? It derives from the Torah? — He answered: It does derive from the Torah, but its object is to maintain peace. But the whole of the Law is also for the purpose of promoting peace, as it is written, Her ways are ways of pleasantness and all her paths are peace?¹⁶  — No, said Abaye; we have to understand it in the light of what was said by the Master,¹⁷  as it has been taught: Two persons wait for one another with the dish,¹⁸  but if there are three they need not wait.¹⁹  The one who breaks bread²⁰  helps himself to the dish²¹  first, but if he wishes to pay respect to his teacher or to a superior he may do so.²²  Commenting on this, the Master said: This applies only to the table,²³  but not to the synagogue, since there such deference²⁴  might lead to quarrelling. R. Mattenah said: What you have said about the synagogue is true only on Sabbaths and Festivals, when there is a large congregation, but not on Mondays and Thursdays.²⁵  Is that so? Did not R. Huna read as kohen²⁶  even on Sabbaths and Festivals? — R. Huna was different, since even R. Ammi and R. Assi who were the most distinguished kohanim of Eretz Israel paid deference to him.

Abaye said: We assume the rule to be that if there is no kohen there, the arrangement no longer holds.²⁷  Abaye further said: We have it on tradition that if there is no Levite there, a kohen reads in his place. Is that so? Has not R. Johanan said that one kohen should not read after another, because this might cast a suspicion on the first,²⁸  and one Levite should not read after another because this might cast a suspicion on both? — What we meant was that the same kohen [should read in the place of the Levite].

Why just in the case of the Levites should there be a reflection on both of them? Because, [you say,] people will say that one [or other] of them is not a Levite? If one kohen reads after another, they will also say that one of them is not a kohen? — We assume that it is known that the father of the second was a kohen.²⁹  But in the same way we may say that it is known that the father of the second [Levite] was a Levite?³⁰  — They might say that he [the father] married a bastard or a nethinah³¹  and disqualified his offspring. In the same way they might say that [the father of the second priest] married a divorced woman or a haluzah³²  and disqualified his offspring? — In any case [if he were suspect] would he read as Levi?³³  And who would suspect him? Those who remain in the synagogue?³⁴  They see [that he counts as one of the seven]!³⁵  — It must be then, those who go out of synagogue.³⁶

The Galileans sent to inquire of R. Helbo: After them [the kohen and levi,]

1. I.e., nearest the river which feeds the watercourse.
2. And meanwhile he owner of the pit has the right to dam the watercourse.
3. And whatever is taken has to be returned to the one who laid the snare, though according to the Torah the latter has not acquired ownership till it has actually come into his possession.
4. And the culprit becomes disqualified from giving evidence.
5. Although these cannot legally acquire ownership.
6. That has fallen as a result of his gleaning.
7. Although he does not become owner till he has actually handled it.
8. Lev. XIX, 9ff.
9. Deut. XXIV, 19.
10. Lev. XIX, 9ff.
11. Deut. XXXI, 9.
12. Deut. XXI, 5.
13. I Chron. XXIII, 13.
14. Lev. XXI, 8.
15. Where he has to divide an article with a lay Israelite.
16. Prov. III, 17.
17. His teacher, Rabbah b. Nahmani.
18. [When one interrupts his eating, the other must wait till he resumes. This was according to the old custom when all guests ate from the same dish.]
19. If one of them interrupts his eating.
20. And says the Grace, generally the host.
21. Lit., 'stretches forth his hand'.
22. V. 'Er. 47a.
23. Lit., 'meal'.
24. By a priest to a teacher or a superior, because it might be misunderstood by other people. Hence here the rule of the Torah requires to be reinforced.
25. On which days the Torah is also read, v. B.K. 82a.
26. I.e., first, although only a lay Israelite; v. Glos.
27. Lit., 'the bundle is separated,' i.e., it is not necessary to call up a Levite first; (v. Rashi).
28. This is explained immediately.
29. And therefore it is only the first on whom suspicion falls.
30. And the second Levite was called up not as Levi but as Yisrael. The order of calling up is, Kohen, Levi, Yisrael.
31. A descendant of the Gibeonites, v. Sanh. (Sonc. ed.) p. 340, n. 12.
32. V. Glos.
33. If he was disqualified from being called up first qua kohen, he would not be called up earlier than third.
34. Till the reading of the law is finished.
35. And therefore know that the reason why another priest or Levite was called up was not because he was disqualified.
36. Before the reading of the Law is concluded.