R. Yochanan b. Gudgeda testificó que un sordomudo cuyo padre se casó con ella se divorció. [A pesar de que ella era una mujer casada de buena fe, su padre había aceptado su compromiso cuando era menor de edad, aun así, recibe un recibo, y recibe su recibo cuando es sorda, aunque su consentimiento sea carente. Para una mujer puede ser divorciada forzosamente, por lo que no se requiere su consentimiento.]; y (testificó) que la hija menor de un israelita [un huérfano, cuyo matrimonio está sancionado rabínicamente (y no bíblicamente)] come terumah [terumah ordenado rabínicamente, esto no se decreta en razón de (la posibilidad de que ella venga a comer ) Terumah por mandato bíblico]; y que si ella muere, su esposo la hereda; y que si uno construye una viga que ha robado en un edificio, los reembolsos monetarios son suficientes [por el bien del penitente; porque si se le exigiera arrasar su edificio y devolver la viga, se disuadiría de arrepentirse.]; y que una ofrenda por el pecado robada que no era conocida por el público [como robada] expía [y no es necesario traer otra], por "el bien del altar", [para que los Cohanim no se angustien por (el pensamiento de ) habiendo comido chullin (comida no consagrada) de (un animal) sacrificado en la azarah (la corte del Templo) y el altar estaba "desierto", los Cohanim se abstuvieron de realizar el servicio (de sacrificio).]
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על החרשת שהשיאה אבות (this section of the Mishnah is also taught in Tractate Gittin, Chapter 4, Mishnah 5; this part of the Mishnah is also taught in Tractate Yevamot, Chapter 14, Mishnah 2) – even though she is a completely married woman, for her father received her betrothal when she was a small girl/minor, even so, she is divorced with a Jewish bill of divorce, and she receives her Jewish bill of divorce when she is a deaf-mute, and even though she lacks knowledge, because a woman can be divorced against her will. Therefore, we do not require her knowledge.
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English Explanation of Mishnah Eduyot
Introduction
The final mishnah of chapter nine contains four testimonies given by Rabbi Nehunia ben Gudgada.
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ועל קטנה בת ישראל שנשאת לכהן – and she is an orphan and her marriage was not other than from the Rabbis, and she eats priest’s due from the Rabbis and we don’t make the decree regarding priest’s due of the Rabbis because of the priest’s due of the Torah.
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Rabbi Nehunia ben Gudgada testified concerning a deaf-mute whose father had given her in marriage, that she could be sent away with a bill of divorcement; As we have learned in other places, the Rabbis considered a deaf-mute to lack intelligence, probably because in their time the deaf-mute had little way of communicating with the outside world. Usually a person who lacks intelligence, such a deaf-mute, minor or insane person, cannot enter into legally binding contracts, because they don’t understand their ramifications. However, as Rabbi Nehunia testifies, a deaf-mute can be divorced. (She was married off by her father). The reason is that divorce is not dependent upon the woman’s acquiescence; she can be divorced against her will. Since her will is irrelevant, even one who lacks awareness can be divorced. Although this might sound harsh, as if the Rabbis are going out of their way to allow a deaf-mute to be divorced, it may have also worked in her benefit. If men couldn’t divorce deaf-mutes, perhaps they might refrain from marrying them. By allowing a “way out” the Rabbis might actually be encouraging their marriage.
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מריש – beam
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And concerning a minor, daughter of an Israelite who married a priest, that she could eat terumah, and if she died her husband inherited from her; This section deals with an orphaned minor girl of a non-priestly, Israelite family, who marries a priest. Generally this type of marriage is considered to be valid only rabbinically (derabanan) and not valid through Torah law (deoraita). Deoraita a minor can only be married off by her father. Only when she reaches majority she can marry herself off without her father’s aid. Despite the fact that this is really only a “derabanan” marriage, Rabbi Nehunya testifies that it is sufficient for her to be allowed to eat terumah and for her husband to inherit her, should she die. Even though these are usually rights only given to a valid “deoraita” marriage, Rabbi Nehunya testifies that the husband does receive these rights.
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בירה – large house
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And concerning a stolen beam that had been built into a palace, that it might be restored by the payment of its value; Usually one who steals an item must return the actual stolen item, as long as the item still exists. If one stole a beam and then used it in the foundation of a castle, legally he is bound to take down the castle and return the beam. Obviously this will discourage people from admitting that they stole, an essential part of making atonement for their crime. To allow people to more easily make atonement, the robber is allowed to pay back the value of the beam.
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מפני תקנת השבים – for if we would require him to take down the entire group of buildings and to return the beam itself, he might be prevented from repenting.
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English Explanation of Mishnah Eduyot
And concerning a sin-offering that had been stolen, and this was not known to many, that it caused atonement because of the welfare of the altar. If it were forbidden to use animals that might have been stolen as sacrifices, the priests would never sacrifice an animal, lest it be stolen. Therefore, the mishnah rules that stolen animals can be used as sin-offerings, and that they do procure atonement for the one bringing them, as long as the theft is not publicly known. This mishnah is not permission to steal an animal and bring it as a sacrifice. Rather it is permission to use an animal without being concerned that it is stolen property. The mishnah teaches that if it was stolen property and the person who brought it did not know that it was stolen, that it is effective in bringing atonement.
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שלא נודעה לרבים – which is stolen
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English Explanation of Mishnah Eduyot
Questions for Further Thought: • Is there any common denominator to these four testimonies of Rabbi Nehunia ben Gudgada?
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Bartenura on Mishnah Eduyot
שהיא מכפרת – and there is no need to bring another.
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מפני תיקון מזבח – the there would not be sad Kohanim when they ate non-sacred food that was slaughtered in the Temple courtyard. And it is found that the altar is void for they are prevented from performing the Divine Worship.
