Babylonian Talmud: Tractate Gittin

Folio 67a

Tell the scribe to write and So-and-so and So-and-so to sign, and out of fear of offending the scribe they will agree that one of them should sign and the scribe with him, which is not what the husband said?¹  — Since a Master has said²  [that a Get of this kind³  is] valid but this should not be done in Israel, it is not usual.⁴  But is there not the possibility that he may say to two persons, Tell the scribe to write and do you sign, and they will go and in order not to offend the scribe let the scribe sign along with one of them, which is not what the husband said? — We say here also: Such a Get is valid, but this should not be done in Israel.⁵  This is a sufficient answer for one who holds that it is valid but should not be done, but to one who holds that it is valid and may be done what are we to say? — The truth is that R. Jose laid down two [disqualifications],⁶  and Samuel concurred with him in regard to one and differed from him in regard to the other.⁷

The text above [states]: 'Samuel said in the name of Rabbi that the halachah is in accordance with R. Jose, who said that verbal instructions cannot be passed on to an agent'. R. Simeon son of Rabbi said to him: Seeing that R. Hanina of Ono and R. Meir take a different view from R. Jose, what was Rabbi's reason for saying that the halachah follows R. Jose? — He replied: Say nothing, my son, say nothing; you have never seen R. Jose. Had you seen him, [you would know] that he always had good ground for his views.⁸  For so it has been taught: Issi b. Judah used to specify the distinctive merits of the various Sages. R. Meir [he said], was wise and a scribe.⁹  R. Judah was wise when he desired to be.¹⁰  R. Tarfon was a heap of nuts.¹¹  R. Ishmael was a well-stocked shop.¹²  R. Akiba was a storehouse with compartments.¹³  R. Johanan b. Nuri was a basket of fancy goods.¹⁴  R. Eleazar b. Azariah was a basket of spices.¹⁵  The Mishnah of R. Eliezer b. Jacob [the Elder] was little and good.¹⁶  R. Jose always had his reasons. R. Simeon used to grind much and let out little. A Tanna [explained this to mean that] he used to forget little, and what he let go from his mind was only the bran.¹⁷  So too said R. Simeon to his disciples: My sons, learn my rules,¹⁸  since my rules are the cream of the cream¹⁹  of R. Akiba's.

The text above [states]. 'If a man said to two persons, Tell the scribe to write and So-and-so and So-and-so to sign, R. Huna said in the name of Rab that [the Get is] valid, but this should not be done in Israel.' Said 'Ulla to R. Nahman (or, according to others, R. Nahman said to 'Ulla): Seeing that [the Get is] valid, why should this not be done in Israel? — He replied: We are afraid lest she might suborn witnesses.²⁰  But do we entertain any such fear? Has it not been taught: Once the witnesses have signed to a deed of purchase of a field or the Get of a woman, the Sages entertain no doubts about their reliability? They would not do anything wrong,²¹  but they might say something.

If a man said to two persons, Tell the scribe to write and do you sign, R. Hisda said [that the Get would be] valid but this should not be done; Rabbah b. Bar Hanah said that it is valid and this may be done; R. Nahman said it is valid and this may not be done; R. Shesheth said it is valid and this may be done; Rabbah said it is valid and this may not be done; R. Joseph said it is valid and this may be done.

1. He appointed special witnesses for the signature. This proves that the view that the scribe may witness the Get is not compatible with the view that the husband can say to the agent, Tell the scribe.
2. Infra.
3. 'Tell the scribe to write and So-and-so etc., to sign.'
4. And therefore R. Jose would not make provision against so remote a danger.
5. And therefore this also is unusual.
6. That the Get is invalid whether he told three persons to write and they told a scribe to write, or whether he told two persons to tell a scribe to write and two persons to sign, and they did so.
7. [Samuel agreed that if he did not say 'tell the scribe' the Get is invalid, since oral instructions cannot he committed to an agent, but he held that if he did say so the Get would he valid. Hence, as regards the query sent to Samuel, if the word 'write' meant only the signature, they would he able to tell the scribe to write. And it was with reference to this that Samuel required the matter to he studied further.]
8. Lit., 'his depth is with him', or 'his nomikon (logic)'.
9. This was his profession. V. Sotah, 20.
10. I.e., when he was not too hasty, he could be even wiser than R. Meir (Tosaf.).
11. When he was asked a question, his instances came out like a heap of nuts toppling over one another.
12. Where it is not necessary to keep the customer waiting while the article required is brought from outside.
13. All his learning being classified under various heads Scripture, Halachah, Aggadah, etc. like different kinds of corn in a storehouse.
14. Apparently this indicates that while his knowledge was well arranged like that of R. Akiba, it was not so well unified and correlated.
15. Apparently, less in quantity than R. Johanan's.
16. Lit., 'a kab and fine'. So that wherever he gives an opinion, the halachah follows him.
17. I.e., those statements which were not followed by the halachah.
18. Lit., 'measures'.
19. Lit., 'the terumah of the terumah'.
20. To say this to the scribe and the witnesses in the name of her husband.
21. E.g., sign their own names.

Some reverse [the names in] the last two statements.

IF HE SAID TO TEN PERSONS, WRITE A GET. Our Rabbis taught: If he says to ten persons, Write a Get and give it to my wife, one writes on behalf of all of them. [If he says,] All of you write, one writes In the presence of all of them. If he says [to ten], Take a Get to my wife, one takes it on behalf of all of them. If he says, All of you take it, one takes it in the company of the rest. The question was raised: If he enumerated them [one by one], what is the law? — R. Huna said: Enumeration is not the same as saying 'all of you'; R. Johanan said in the name of R. Eleazar from Ruma¹  that enumeration is the same as saying 'all of you'. R. Papa said: They are not in conflict: the one speaks of where he enumerated all of them and the other of where he enumerated only some of them. Some explain this in one way and some explain it in the opposite way.²

Rab Judah made a regulation that in a Get [which the husband had ordered with the word] 'all of you' [they should insert³  the words, He said to us], Write either all of you or any one of you; Sign either all of you or any two of you; Convey all of you or any one of you.⁴  Raba said: Sometimes a man cuts his words short and says 'all of you' without adding, 'any one of you,' and he can afterwards come and declare the Get invalid. Raba therefore said that [they should insert the words], Write any one of you, Sign any two of you, Convey any one of you.⁵

CHAPTER VII

MISHNAH. IF A MAN IS SEIZED WITH A KORDIAKOS⁶  AND SAYS, WRITE A GET FOR MY WIFE, HIS WORDS ARE OF NO EFFECT. IF HE SAYS, WRITE A GET FOR MY WIFE, AND IS THEN SEIZED WITH A KORDIAKOS AND THEN SAYS, DO NOT WRITE IT, HIS LATER WORDS ARE OF NO EFFECT. IF HE IS STRUCK DUMB, AND WHEN THEY SAY TO HIM, SHALL WE WRITE A GET FOR YOUR WIFE, HE NODS HIS HEAD, HE IS TESTED WITH THREE QUESTIONS.⁷  IF HE SIGNIFIES 'NO' AND 'YES' PROPERLY EACH TIME, THEN THE GET SHOULD BE WRITTEN AND GIVEN FOR HIM.

GEMARA. What is kordiakos? — Samuel said: Being overcome⁸  by new wine from the vat. Then why does it not Say. If one is overcome by new wine? — The mode of expression teaches us that this spirit [which causes the dizziness] is called kordiakos. Of what use is this [knowledge]? — For a charm. What is the remedy for it? Red⁹  meat broiled on the coals, and wine highly diluted.

Abaye said: My mother¹⁰  told me that for a sun-stroke [fever] the remedy is on the first day to take a jug of water, [if it lasts] two days to let blood, [if] three days to take red meat broiled on the coals and highly diluted wine. For a chronic heat stroke, he should bring a black hen and tear it lengthwise and crosswise and shave the middle of his head and put the bird on it and leave it there till it sticks fast, and then he should go down [to the river] and stand in water up to his neck till he is quite faint, and then he should swim out and sit down. If he cannot do this, he should eat leeks and go down and stand in water up to his neck till he is faint and then swim out and sit down. For sunstroke one should eat red meat broiled on the coals with wine much diluted. For a chill¹¹  one should eat fat meat broiled on the coals with undiluted wine. When the household of the Exilarch wanted to annoy R. Amram the Pious,¹²  they made him lie down in the snow. On the next day they said, What would your honour like us to bring you? He knew that whatever he told them they would do the reverse, so he said to them, Lean meat broiled on the coals and wine much diluted. They brought him fat meat broiled on the coals and undiluted wine. Yaltha¹³  heard and took him in to the bath, and they kept him there till the water turned to the colour of blood¹⁴  and his flesh was covered with bright spots. R. Joseph used to cure the shivers by working at the mill, R. Shesheth by carrying heavy beams. He said: Work is a splendid thing to make one warm.¹⁵

The Exilarch once said to R. Shesheth, Why will your honour not dine with us? He replied: Because your servants are not reliable, being suspected of taking a limb from a living animal. You don't say so,¹⁶  said the Exilarch. He replied, I will just show you. He then told his attendant to steal a leg from an animal and bring it. When he brought it to him he said [to the Servants of the Exilarch], place the pieces of the animal before me. They brought three legs and placed them before him. He said to them, This must have been a three-legged animal. They then cut a leg off an animal and brought it. He then said to his attendant, Now produce yours. He did so, and he then said to them, This must have been a five-legged animal. The Exilarch said to him, That being the case, let them prepare the food in your presence¹⁷  and then you can eat it. Very good, he replied. They brought up a table and placed meat before him, and set in front of him a portion with a dangerous bone.¹⁸  He felt it and took and wrapped it in his scarf. When he had finished they said to him,

1. [In the neighbourhood of Zepphoris. V. Klein, NB p. 22.]
2. Some say that if he enumerated all of them this is equivalent to saying 'all of you'. whereas if he enumerated only some, this shows that he abandoned his intention of making all of them responsible, and it is sufficient if any two of those enumerated sign. Others explain that if he enumerated some, this shows that he was particular that all these should sign, whereas if he enumerated all without saying 'all of you,' this shows that he desired any two to sign, but in the presence of the rest.
3. To provide against the possibility that the husband may insist that he meant that it should be signed by all.
4. Should one of them be absent at the writing or fail to sign the Get.
5. Omitting 'all of you'.
6. A kind of delirium in which he does not know exactly what he is saying. V. Infra. Apparently = [G], which, however, is not found in this sense. Goldschmidt derives it from [G].
7. Lit., 'three times', to see if he is still compos mentis.
8. Lit., 'bitten'.
9. I.e.. without much fat.
10. V. Kid. 31b.
11. Lit., 'snow'.
12. Because he used to vex them with his numerous restrictions.
13. The daughter of the Exilarch and wife of R. Nahman.
14. From the perspiration.
15. Lit., 'to make warm its master'.
16. Lit., 'who will say'.
17. According to another reading 'in the presence of your servant,' as R. Shesheth was blind.
18. Lit., 'the portion which chokes the mother-in-law'. According to Rashi, this was a part above the hind leg containing a very small bone.