R. Elazar b. Parta a dit trois choses devant les sages, et ils ont confirmé ses paroles: (Les gens) dans une ville assiégée (karkom) [(Le Targum de "siège" est "karkumin")], sur un bateau secoué par la tempête [n'ayant pas coulé] , et sortir pour être jugé [pour des infractions passibles de la peine capitale] est supposé vivant. Mais (les gens) dans une ville assiégée, sur un bateau perdu en mer, et sortant pour être exécuté sont investis de la rigueur des vivants et de la rigueur des morts. La fille d'un Israélite d'un Cohein [(la rigueur des morts)] et la fille d'un Cohein d'un Israélite [(la rigueur des vivants)] ne peuvent pas manger de terumah.
Bartenura on Mishnah Gittin
כרקום – from the Aramaic translation, works of siege (the husband is presumed to be alive in such a setting as opposed to when the city is conquered).
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English Explanation of Mishnah Gittin
Introduction
In yesterday’s mishnah we learned that one who delivers a get from a husband to his wife may assume that the husband is alive, even if the husband was old or sick. The mishnah followed with two other cases where we can act as if a certain person is still alive. Our mishnah deals with three statements made by Rabbi Elazar ben Parta which deal with assuming that a person is still alive.
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Bartenura on Mishnah Gittin
המטרפת – but has not yet sunk.
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English Explanation of Mishnah Gittin
Three statements were made by Rabbi Elazar ben Parta before the Sages, and they upheld his words. Rabbi Elazar ben Parta spoke about three different situations, each of which can be divided into two different possibilities. The other Sages in front of whom he spoke accepted his reasoning.
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Bartenura on Mishnah Gittin
לידון – in [a matter of] capital crimes.
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English Explanation of Mishnah Gittin
About [people in] a besieged town; And about [people on] a ship listing at sea; And a person who has been brought to court [in a capital case] that they are presumed to be alive. We may presume that a person in a besieged town, or a person on a ship listing at sea and threatening to sink, or a person who is being tried in a capital case is still alive. This presumption may be made even if we don’t know for sure that the person is still alive. Therefore, if the man is a priest, his Israelite wife may continue to eat terumah under the assumption that he is still alive. If the man is an Israelite and his wife is the daughter of a priest, she may not eat terumah because we assume that her husband is still alive.
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Bartenura on Mishnah Gittin
בת ישראל לכהן – the stringencies regarding death
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English Explanation of Mishnah Gittin
[However, concerning people] in a besieged town which has been captured; Or [people in] a ship which has been lost at sea; Or a person who has been led out to execution we put upon them all of the stringencies of their being alive and all of the stringencies of their being dead. The daughter of an Israelite who has married a priest or the daughter of a priest who has married an Israelite may not eat of the terumah. In these cases we cannot assume that the person is still alive, but neither can we be sure that he/she is dead. Rabbi Elazar ben Parta says that it is likely enough that the person is dead that we cannot continue to act as if he/she is alive. Therefore, we have to rule strictly in either case. If a husband in one of these situations was a priest and he had a wife who was the daughter of an Israelite she can no longer eat terumah because her husband may be dead. If she was the daughter of a priest married to an Israelite she still cannot eat terumah because her husband may still be alive.
