Babylonian Talmud: Tractate Gittin

Folio 65a

the force of rules of the Torah. What could the other say to this? — That the Rabbis gave to their regulations the force of rules of the Torah in matters which have some basis in the Torah, but not in a matter which has no basis in the Torah.¹

R. 'Awia raised an objection: What device may be adopted [to avoid paying an extra fifth]²  for second tithe? A man can say to his grown-up son and daughter, or to his Hebrew manservant or maidservant, Take this money and redeem with it this second tithe.³  Now how are we to understand this maidservant? If she has grown two hairs, how comes she to be with him? We must say, therefore, that she has not grown two hairs?⁴  — We are speaking here of tithe in the present epoch,⁵  which is Rabbinical. But is the rule regarding a Hebrew maidservant in force in the present epoch? Has it not been taught: 'The laws relating to a Hebrew servant are in force only when the Jubilee is observed'? — We must therefore say that [it refers to tithe from] a pot which has no hole at the bottom,⁶  [the rule regarding] which is Rabbinical.⁷

Raba said: There are three grades in a child.⁸  [If on being given] a stone he throws it away but [on being given] a nut he takes it, he can take possession for himself but not for others. A girl of corresponding age can be betrothed so effectively as not to be released [on becoming of age] without definitely repudiating the betrothal.⁹  Pe'utoth¹⁰  can buy and sell movables with legal effect, and a girl of the corresponding age can be divorced from a betrothal contracted by her father.¹¹  When they reach the age at which vows are tested,¹²  their vows and their sanctifications are effective, and a girl of corresponding age performs halizah.¹³  The [landed] property of his [deceased] father, however, he cannot sell till he is twenty.

MISHNAH. IF A YOUNG GIRL¹⁴  SAYS [TO AN AGENT], RECEIVE MY GET FOR ME, IT IS NO GET TILL IT REACHES HER HAND. CONSEQUENTLY IF [THE HUSBAND] WISHES TO RETRACT HE IS [TILL THEN] AT LIBERTY TO RETRACT, SINCE A MINOR CANNOT APPOINT AN AGENT. IF HER FATHER SAID TO HIM, GO AND RECEIVE MY DAUGHTER'S DIVORCE FOR HER, THE HUSBAND [AFTER GIVING IT TO HIM] IS NOT AT LIBERTY TO RETRACT.¹⁵  IF A MAN SAYS, GIVE THIS GET TO MY WIFE IN SUCH-AND-SUCH A PLACE AND HE GIVES IT TO HER IN AN OTHER PLACE, [THE GET IS] INVALID.¹⁶  [IF HE SAYS,] SHE IS IN SUCH-AND-SUCH A PLACE, AND HE GIVES IT TO HER IN ANOTHER PLACE, [IT IS] VALID. IF A WOMAN SAYS, RECEIVE MY GET IN SUCH-AND-SUCH A PLACE AND HE RECEIVES IT FOR HER IN ANOTHER PLACE, [IT IS] INVALID. R. ELEAZAR,¹⁷  HOWEVER, DECLARES IT VALID. [IF HE SAYS,] BRING ME MY GET FROM SUCH-AND-SUCH A PLACE AND HE BRINGS IT FROM SOMEWHERE ELSE, [IT IS] VALID.

GEMARA. Why does R. Eleazar make a distinction between the first ruling,¹⁸  which he does not dispute and the second ruling, which he does dispute? — The husband who divorces of his own free will, [when he specifies the place] is particular;¹⁹  the wife, who is divorced willy-nilly, [when she specifies the place] is merely giving a direction.²⁰

MISHNAH. [IF A WOMAN SAYS TO AN AGENT], BRING ME MY GET, SHE MAY EAT TERUMAH²¹  TILL THE GET REACHES HER HAND. [IF, HOWEVER, SHE SAYS,] RECEIVE FOR ME MY GET, SHE IS FORBIDDEN TO EAT TERUMAH IMMEDIATELY.²²  [IF SHE SAYS,] RECEIVE FOR ME MY GET IN SUCH-AND-SUCH A PLACE, SHE CAN EAT TERUMAH TILL THE GET REACHES THAT PLACE. R. ELEAZAR²³  SAYS THAT SHE IS FORBIDDEN IMMEDIATELY.

GEMARA [Although he receives the Get in another place] nevertheless [you say here] that it is a Get, whereas previously²⁴  it was stated that it would not be a Get?²⁵  — This ruling applies to a case where, for instance, she said, Receive my Get for me in Matha Mehasia,²⁶  but sometimes you may find him in Babylon.²⁷  What she means therefore is, Take it from him wherever you find him,

1. Like that of carrying from one domain into another in an alley-way.
2. The rule was that if a man redeemed his second tithe (which otherwise had to he taken to Jerusalem), he had to add a fifth to its value, but not if he redeemed someone else's.
3. So as to give it back to him. Our texts add here in brackets the words, 'And he eats it without adding a fifth.' V. M.Sh. IV, 4.
4. And yet she can take possession of the tithe on his behalf, which seems to refute Samuel.
5. Since the destruction of the Temple.
6. So that the earth in it is not attached to the soil.
7. Even in the epoch of the Jubilee.
8. In case of a boy, under thirteen years and one day.
9. Mi'un, the refusal of a woman to continue the work contracted by her, a fatherless girl, during her minority. Such a refusal annuls the marriage, but if she is betrothed at a younger age, the betrothal automatically lapses on her becoming of age.
10. Young children from six to eight or nine, according to their intelligence. V. supra 59a.
11. I.e., if she is an orphan she can receive the divorce herself.
12. In the case of a boy, at twelve years and one day, and eleven years and one day with a girl. If they make a vow at this age, they are examined to see whether they understand the nature of their vow.
13. If the brother of her betrothed dies without children.
14. A ketannah. Less than twelve years and a day old.
15. And the Get is effective as soon as it comes into his hand.
16. For the reason, v. infra.
17. Var. lec. R. Eliezer.
18. That if the husband told him to give the Get in one place and he gave it in another, it is invalid.
19. Because he does not want himself to be talked about in another place.
20. And similarly if the husband says, She is in such-and-such a place.
21. V. Glos. If she is the wife of a priest.
22. Because the Get becomes effective as soon as it reaches his hand, and he may meet the husband soon after he leaves her.
23. Var. lec. R. Eliezer.
24. In the preceding Mishnah.
25. According to the Rabbis.
26. A suburb of Sura.
27. In the neighbourhood of Sura, v. supra p. 17, n. 3.

but it will not be a Get till you come to Matha Mehasia.

R. ELEAZAR SAYS THAT SHE IS FORBIDDEN IMMEDIATELY. This is self-evident, [is it not,] since she is only giving him a direction [to find the husband]? — The statement was required for the case where she said to him, 'Go to the east because he is in the east', and he went to the west. You might argue in that case that [as] he is certainly not in the west [she should be permitted to eat the terumah]. We are therefore told that while going in that direction he may still come across him, and he may give him the Get.

If a man said to his agent, Make me an 'erub¹  with dates and [the other] made an 'erub with figs, or [if he told him to make] with figs and he made with dates, one [Baraitha] taught that the 'erub is effective, while another taught that it is not effective. Rabbah said: This need cause no difficulty: the one [Baraitha] follows the Rabbis and the other follows R. Eleazar. The one follows the Rabbis, who said [in the case of the Get] that [the wife] is particular. The other follows R. Eleazar, who said that she merely gives him a direction.²  R. Joseph, however, said: Both [Baraithas] follow the Rabbis; the one [who says that the 'erub is effective] means, when the fruit is his own,³  the other, when it is someone else's.⁴  Said Abaye to him: But what will you make of the following that has been taught: 'If a man says to his agent, Make me an 'erub in a tower,⁵  and he made one in the dovecote, or if he told him to make in the dovecote and he made it in the tower,' in regard to which it was taught by one [Baraitha] that his 'erub is effective and by another that it is not? In that case what difference does it make whether it is his own or his neighbour's?⁶  — There too there is [a difference between] the fruit of the tower and the fruit of the dovecote.⁷

MISHNAH. IF A MAN SAYS, 'WRITE A GET AND GIVE IT TO MY WIFE, DIVORCE HER,'⁸  'WRITE A LETTER AND GIVE HER,' THEN THOSE SO INSTRUCTED SHOULD WRITE AND GIVE HER.⁹  IF HE SAID, 'RELEASE HER', 'PROVIDE FOR HER', 'DO THE CUSTOMARY¹⁰  THING FOR HER', 'DO THE PROPER THING FOR HER', HIS WORDS ARE OF NO EFFECT.¹¹

GEMARA. Our Rabbis taught: [If he said], 'Send her away,'¹²  'Let her go,'¹³  'Drive her out,' then they should write and give her. If he said, 'Release her,' 'provide for her,' 'Do the customary thing for her,' 'Do the proper thing for her,' his words are of no effect. It has been taught: R. Nathan said: If he said, 'Patteruha,' his words take effect; if he said 'Pitruha', his words are of no effect.¹⁴  Raba said: R. Nathan being a Babylonian distinguishes between pitruha and patteruha, but our Tanna being from Eretz Yisrael does not distinguish.¹⁵

The question was raised: If he said, 'Put her out,'what is the law?¹⁶  If he said 'Izbuha',¹⁷  what is the law? If he said, 'Hattiruha,'¹⁸  what is the law? If he said, 'Let her be,' what is the law? If he said, 'Confer a benefit on her,' what is the law? If he said, 'Do to her according to the law,' what is the law? — One of these questions may at any rate be answered, since it has been taught: If a man says, 'Do to her according to the law,' 'Do to her the proper customary thing,' 'Do to her the proper thing,' his words are of no effect.

MISHNAH. ORIGINALLY THEY LAID DOWN THAT IF A MAN WAS BEING LED OUT TO EXECUTION¹⁹  AND SAID, WRITE A GET FOR MY WIFE,²⁰  THEY MAY WRITE AND GIVE [IT TO HER].²¹  LATER THEY ADDED, ALSO IF HE WERE LEAVING FOR A SEA VOYAGE OR FOR A CARAVAN JOURNEY. R. SIMEON SHEZURI SAID, ALSO IF HE WERE DANGEROUSLY ILL.

GEMARA. Geniba was being led out to execution. On his way out he said, Give four hundred zuz to Rabbi Abina of the wine [which I have] of Neharpania.²²  Said R. Zera:

1. I.e., place some food two thousand cubits from the town boundary. V. Glos.
2. So here, in saying 'dates' he merely meant some kind of fruit.
3. As in that case the Rabbis would admit that he is not particular.
4. Who allowed him specifically to use one kind and not the other.
5. Meaning presumably that he told him to place it in the tower at the end of two thousand cubits from the town boundary.
6. I.e., even if it is his neighbour's, can we suppose that he will be particular?
7. The reference is not to the place where the 'erub is to be placed but from where to take the fruit for the 'erub. And if the fruit was his neighbour's, he might be particular.
8. Lit., 'drive her out'.
9. Because the word 'Get' has in popular usage become synonymous with a bill of divorce. Similarly the word 'driving out' (gerushin) is commonly used for divorce, while the name 'letter' is applied to the Get in the document itself.
10. [G].
11. Because all these expressions can apply to other things equally with divorce.
12. This is the biblical expression, Deut. XXIV, 1.
13. Shabkuha. This expression is also found in the Get.
14. Patteruha is the imperative pa'el of the Aramaic word petar, one of the meanings of which is 'to divorce'. Pitruah is the imperative kal of the Hebrew word patar which means 'to declare quit' from a liability (Rashi) v. next note.
15. And he would take patteruha to be the imperative pi'el of the Hebrew word patar, with the same meaning as the kal (Rashi).
16. The doubt arises because we find in the Scripture the expression 'and she go forth from his house'.
17. The Hebrew equivalent of the Aramaic word Shabkuha (let her go) which above was declared to be legitimate.
18. Which might either mean 'make her permitted to all other men,' and so would be legitimate, or 'release her from a vow.'
19. Lit., 'who goes forth in chains ([G])'.
20. Without adding, 'and give it to her'.
21. Because we suppose he was too agitated to express himself clearly.
22. [Also known as Harpania, a rich agricultural town in the Mesene district, S. of Babylon. (Obermeyer, op. cit. p. 197).]