Gittin, Daf Daled, Part 2

 

Introduction

The Talmud now begins to evaluate other tannaitic texts, beginning with the continuation of the mishnah, in light of the dispute between Rabbah (since they do not know the laws of writing a get for her sake) and Rava (since the witnesses are not around to uphold the get).

 

תְּנַן רַבָּן גַּמְלִיאֵל אוֹמֵר אַף הַמֵּבִיא מִן הָרְקָם וּמִן הַחֶגֶר רַבִּי אֱלִיעֶזֶר אוֹמֵר אֲפִילּוּ מִכְּפַר לוּדִּים לְלוֹד

וְאָמַר אַבָּיֵי בַּעֲיָירוֹת הַסְּמוּכוֹת לְאֶרֶץ יִשְׂרָאֵל וּמוּבְלָעוֹת בִּתְחוּם אֶרֶץ יִשְׂרָאֵל עָסְקִינַן

וְאָמַר רַבָּה בַּר בַּר חָנָה לְדִידִי חֲזֵי לִי הָהוּא אַתְרָא וְהָוֵי כְּמִבֵּי כוּבֵּי לְפוּמְבְּדִיתָא

מִכְּלָל דְּתַנָּא קַמָּא סָבַר הָנֵי לָא צְרִיךְ מַאי לָאו בְּהָא קָמִיפַּלְגִי דְּמָר סָבַר לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ וְהָנֵי גְּמִירִי וּמָר סָבַר לְפִי שֶׁאֵין עֵדִים מְצוּיִין לְקַיְּימוֹ וְהָנֵי נָמֵי לָא שְׁכִיחִי

 

It was taught: Rabban Gamaliel says: even one who brings it from Rekem or from Heger. Rabbi Eliezer says: even one who brings it from Kefar Ludim to Lud.

And Abaye said: We are dealing here with cities that are close to the Land of Israel and those that are within the border of the Land of Israel.

And Rabbah bar bar Hannah said: I saw that place and it was as close as Be Kobe is to Pumbedita.

From here we can see that the first opinion [in the mishnah] holds that messengers coming from these places do not [need to make a declaration]. Is this not what they are arguing about? One master holds that [the reason for the declaration is] that they are not experts in writing the get for her sake and people from these places are learned. And the other master holds that it is because witnesses are not found to uphold the get, and these two are not found.

 

In the second half of the mishnah Rabban Gamaliel and Rabbi Eliezer add some places from which the messenger must make his declaration. As Abaye and Rabbah bar bar Hannah explain, these are close to the borders of Israel. By implication, the first opinion in the mishnah would hold that messengers who come from these places do not need to make the declaration. Thus we have a dispute. The Talmud then explains the two opinions as reflecting to the thinking of both amoraim. Rabbah would say that the people who live near Israel know these laws, and thus the declaration need not be made. This accords with the first opinion. And Rava would hold that despite their proximity to Israel, witnesses from these places will be difficult to find. And thus, like Rabban Gamaliel and Rabbi Eliezer, the declaration must be made. Thus what is an amoraic dispute could also be a tannaitic dispute.

 

לָא רַבָּה מְתָרֵץ לְטַעְמֵיהּ וְרָבָא מְתָרֵץ לְטַעְמֵיהּ רַבָּה מְתָרֵץ לְטַעְמֵיהּ דְּכוּלֵּי עָלְמָא לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ וְהָכָא בְּהָא קָמִיפַּלְגִי תַּנָּא קַמָּא סָבַר הָנֵי כֵּיוָן דִּסְמוּכוֹת מִיגְמָר גְּמִירִי וַאֲתָא רַבָּן גַּמְלִיאֵל לְמֵימַר מוּבְלָעוֹת גְּמִירִי סְמוּכוֹת לָא גְּמִירִי וַאֲתָא רַבִּי אֱלִיעֶזֶר לְמֵימַר מוּבְלָעוֹת נָמֵי לָא שֶׁלֹּא תַּחְלוֹק בִּמְדִינַת הַיָּם

 

No, Rabbah can resolve both opinions according to his reasoning and Rava can resolve both opinions according to his reasoning. Rabbah can resolve them according to his reasoning everyone holds that the reason for the declaration is that they are not experts in the laws of for her sake. And this is what they are disputing: The first opinion holds that since these cities are close [to Israel] they are learned. And then Rabban Gamaliel comes to say that those that are absorbed into the border are learned, but those close are not learned. And then Rabbi Eliezer says that those absorbed are also not learned, so as not to distinguish between cities that are abroad.

 

The Talmud will now try to say that both Rabbah and Rava can claim that all opinions in the mishnah follow their reasoning. Rabbah would say that the entire dispute between the first opinion, Rabban Gamaliel and Rabbi Eliezer is over whether cities near Israel know the rules of for her sake. The first opinion says they do and thus do not need to make the declaration. Rabban Gamaliel says that those that have been absorbed into the Land of Israel are learned, but those close are not. And Rabbi Eliezer says that even those close are not learned, and thus everyone needs to make the declaration.

 

רָבָא מְתָרֵץ לְטַעְמֵיהּ דְּכוּלֵּי עָלְמָא לְפִי שֶׁאֵין עֵדִים מְצוּיִין לְקַיְּימוֹ וְתַנָּא קַמָּא סָבַר הָנֵי כֵּיוָן דִּסְמוּכוֹת מִישְׁכָּח שְׁכִיחִי וַאֲתָא רַבָּן גַּמְלִיאֵל לְמֵימַר מוּבְלָעוֹת שְׁכִיחִי סְמוּכוֹת לָא שְׁכִיחִי וַאֲתָא רַבִּי אֱלִיעֶזֶר לְמֵימַר מוּבְלָעוֹת נָמֵי לָא שֶׁלֹּא תַּחְלוֹק בִּמְדִינַת הַיָּם

 

Rava can resolve them according to his reasoning everyone holds that the reason for the declaration is that witnesses are not found to uphold the get. And this is what they are disputing: The first opinion holds that since these cities are close [to Israel] witnesses are found. And then Rabban Gamaliel comes to say that those that are absorbed into the border are found, but those close are not found. And then Rabbi Eliezer says that even those absorbed are not found, so as not to distinguish between cities that are abroad.

 

Rava can now resolve the mishnah in much the same way. The dispute is over how close the witnesses need to be to Israel for the declaration not to need to be made. The first opinion holds that as long as the get is coming from close by, the declaration need not be made. Witnesses will be able to be found. Rabban Gamaliel says that the declaration is waved only if the cities are absorbed into the border of Israel. And Rabbi Eliezer holds that we are concerned that witnesses are not found for any city found outside of Israel, even if it was absorbed into the border.