Gittin, Daf Daled, Part 6

 

Introduction

The Talmud continues to raise difficulties on the amoraim from tannaitic sources.

 

תְּנַן רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר אֲפִילּוּ מֵהֶגְמוֹנְיָא לְהֶגְמוֹנְיָא וְאָמַר רַבִּי יִצְחָק עִיר אַחַת הָיְתָה בְּאֶרֶץ יִשְׂרָאֵל וַעֲסָסְיוֹת שְׁמָהּ וְהָיוּ בָּהּ שְׁנֵי הֶגְמוֹנְיוֹת שֶׁהָיוּ מַקְפִּידִין זֶה עַל זֶה לְפִיכָךְ הוּצְרְכוּ לוֹמַר מֵהֶגְמוֹנְיָא לְהֶגְמוֹנְיָא

לְרָבָא נִיחָא לְרַבָּה קַשְׁיָא

 

It was taught in the mishnah: Rabban Shimon ben Gamliel says: Even from one hegemony to another hegemony. And Rabbi Yitzchak said: There was a city in Israel, and Asasiyot was its name and there were two hegemonies within it and they were particular one with the other, and therefore they had to say from one hegemony to another hegemony.

This goes well for Rava but is a difficulty against Rabbah.

 

Rashbag adds that the declaration must be made even by a messenger going from one hegemony to another. As Rabbi Yitzchak explained, this can even be within two hegemonies within a city in Israel. Since they don t allow easy travel from one to another, witnesses may not be around to verify the get. This accords well with Rava but is a problem for Rabbah since inside Israel we assume that people are experts in writing the get and the declaration would not seem to need to be made.

 

רַבָּה אִית לֵיהּ דְּרָבָא

אֶלָּא מַאי בֵּינַיְיהוּ אִיכָּא בֵּינַיְיהוּ דְּאַתְיוּהּ בֵּי תְרֵי

אִי נָמֵי בְּאוֹתָהּ מְדִינָה בִּמְדִינַת הַיָּם

 

Rabbah agrees with Rava.

So then what differentiates them? They differ on a case where the get was brought by two.

Alternatively, within one region abroad.

 

The Talmud now admits that Rabbah agrees with Rava to Rabbah there are two reasons for the declaration: 1) people abroad don t know the laws of writing gittin for her sake. 2) witnesses are difficult to find. Therefore, Rabbah would agree that from one hegemony to another the declaration must be made since witnesses will be difficult to be found. There are still two practical cases in which they would differ. 1) If the get was brought by two people they can serve as witnesses. There will be no need to locate more witnesses. So Rava would say the declaration need not be made. But Rabbah would say that if it is being brought from outside of Israel, the declaration still needs to be made. 2) If the get is brought within one region outside of Israel, Rava would say that the declaration need not be made. Rabbah would still require it because this is outside of Israel.