Talmud sobre Guitín 1:4

“A Samaritan.” That follows him who said, a Samaritan is a like full Jew. But for him who says that a Samaritan is like a Gentile, it is not so. As they disagreed²⁰Cf. Demay 3:4, Note 98; Berakhot 7:1, Note 59.: A Samaritan is like a Gentile, the words of Rebbi. Rabban Simeon ben Gamliel said, a Samaritan is like a Jew in every respect. Even if you say, a Samaritan is like a Gentile, why are Samaritans disqualified? Not because of a Gentile and a slave²¹Since 2K.17, 24ff. clearly states that the settlers from Babylon, Kuta, etc. at the start were idolators; if they intermarried with the remainders of the Israelite populations there, their descendants all acquired the status of descendants of Gentiles (or slaves) from Israelite mothers.? If a Gentile or a slave has intercourse with a Jewish woman, the child is a bastard²²This is the argument of R. Joḥanan and R. Simeon ben Laqish in Yebamot 7:6, Note 129; it is rejected there since the child of a Jewish woman from a Gentile, together with her mother, is disqualified from priesthood but not a bastard (Notes 130,131).. But a bastard girl can claim a fine! For restrictions or family relations you consider him a Gentile or a slave who had intercourse with a Jewish woman; the child is a bastard. But for a fine you consider this as a Jew having intercourse with a Gentile woman, in which case the child is a Gentile²³The separation from Samaritans is purely one of practice, with no theoretical basis, and disapproved of by the Mishnah. In the Babli, 29b/30a, the argument (attributed to R. Meïr) is rejected, in order not to reward a sinner (the rapist or seducer.).

Rebbi Joḥanan said, the Mishnah applies if one witness is missing, but only if there are three or more¹²¹This disagreement between ben Nanas and R. Aqiba about the required qualifications of the witnesses refers to the case that only one additional signature is required in addition to the three statutory ones.. Two or three¹²²Any number of irregular witnesses at the beginning is invalid for everybody. at the beginning is invalid, one below the three is valid. Rebbi Mana asked: That is, if they are continuous. If they are with interruptions¹²³If the three statutory witnesses did not sign together but each one signed for a separate knot, with space in between.? As one says, they are considered like testimony at a distance, they only serve to certify the testimony. And so it is here¹²⁴Cf. Chapter 1, Note 117.. If there were nine, can he untie two and have two sign? Or are two witnesses on a knotted document nothing¹²⁵The text is difficult to understand since a document with 9 knots needs an additional 6 signatures. One must assume that some additional signatures already are on the document and the question is directed against R. Joḥanan: Why should it not be possible to let two unqualified witnesses sign since the validation of a knotted document needs three witnesses in any case (Mishnah Baba batra 10:3).? If there were five, it is obvious that he unties one and has it signed¹²⁶In fact, there must be two knots untied and confirmed on the verso by two different signatures; only one of them was accepted by R. Joḥanan.. It turns out that his untying permits it following Rebbi Ḥananiah ben Gamliel, for Rebbi Ḥananiah ben Gamliel says, the essential part is what validates¹²⁷Cf. Chapter 3, Note 68. If the text which contains the identities of the parties and their obligations is certified by signatures on the verso for knotted contracts or at the end for open contracts, the contracts are valid. If prepared forms are not certified for sealed contracts it does not impinge on the validity of the contract for R. Ḥananiah ben Gamliel., even if he ties and signs after that. That is, if he ties all knots and after that the first three [witnesses] did sign. But if he tied the first three¹²⁸Which contain the essential data and are certified by three witnesses as required for sealed contracts according to all sources. and had them signed, even if he makes many ties and lets many¹²⁹Unqualified relatives. sign it is valid. Practice is that a knotted document is first knotted and then signed. If he made the first knots and had them signed right away, it is obvious that the first two did not sign the knotted document¹³⁰Since a “knotted” sealed document is validated only by three witnesses, the first two do not combine for validation..