תלמוד על גיטין 6:10

Do they disagree with Rebbi Ḥananiah ben Antigonos? From what Rebbi Joḥanan said, which is the underage girl that needs a bill of divorce? Anyone who is given her bill of divorce together with something else and she produces it after some time⁴⁵Since a bill of divorce is needed if the girl is able to take care of that bill (which she needs as proof that she is unmarried and can enter a second marriage) irrespective of her maturity when she was married first, it proves that the majority does not require more than that she was made aware that she was being married and reasonably could understand what that meant.. This implies that they disagree with Rebbi Ḥananiah ben Antigonos.

MISHNAH: Somebody said to his agent: “Go and marry me preliminarily to woman X at place Y”; if he went and married him preliminarily at another place, she is not preliminarily married. “She is at place Y;” if he married him preliminarily at another place, she is preliminarily married¹²⁵The geographical information is not part of the instruction of agency but an indication where the agent may discharge his commission..

HALAKHAH: It was stated⁸²In Tosephta Demay 5:3; the discussion here in the Halakhah is part of the statement: “He who says to somebody who is not trustworthy, buy for me from somebody who is trustworthy, or from somebody who tithes, is not trustworthy; from X, he is trustworthy. Rebbi Yose {the Tanna, ben Ḥalaphta} says, he is not trustworthy; maybe he found a source that is closer. Rebbi Yose agrees that if he said, go, eat the loaf, and I shall pay for it, go, drink a glass, and I shall pay for it, he is trustworthy.”: “Rebbi Yose said, even if he specified, from X, he is not trustworthy, unless he said, you buy and I will pay.” What is the reason of Rebbi Yose? I say that he found someone close by and bought from him, as we have stated there⁸³Mishnah Giṭṭin 6:6. A bill of divorce is not valid until it is delivered into the hand of the wife (Deut. 24:1,3). However, the wife can appoint an agent and the hand of a duly appointed agent is like the hand of the principal. If she is the wife of a Cohen, she may eat heave as long as she is his wife but not when she is a divorcee. Hence, the exact moment when she is divorced is identical with the exact moment in which the wife of a Cohen may no longer eat heave.: “Receive my bill of divorce at such and such a place; she may eat heave until the bill of divorce reaches that place. Rebbi Eleazar⁸⁴R. Eleazar ben Shamua‘, one of the last students of R. Aqiba, discussed in the introduction to Berakhot. He is the authority for bills of divorce. prohibits her immediately.” What is the reason of Rebbi Eleazar? I say that he found it behind the door. It turns out that Rebbi Eleazar is like Rebbi Yose and Rebbi Yose is like Rebbi Eleazar. Rebbi Yose says more than Rebbi Eleazar; does not Rebbi Eleazar agree that if she says to him, do not accept it except at such and such a place⁸⁵If the authorization contains such a restriction, the commission of the agent is not valid outside that place, and if the agent receives the bill of divorce at any other place she is not divorced., that she continues eating until the bill of divorce reaches that place? But here, even if he says, only from X, he is not trustworthy, except if he said, you buy and I will pay.

HALAKHAH: “One testifies by the light of a candle.” ¹²²This paragraph is copied from Giṭṭin 6:6. Rebbi Ḥanina said, Rebbi Jonathan taught me, only if they saw a man’s shadow. Rebbi Aḥa in the name of Rebbi Ḥanina: There¹²³Mishnah Giṭṭin 6:6., we have stated: “If somebody had been thrown into a cistern and said, anybody who hears my voice should write a bill of divorce to my wife, they should write and deliver,” and Rebbi Jonathan said, only if the saw a man’s shadow. Rebbi Aḥa bar Ḥanina, in the name of Rebbi Ḥanina: That means, in the fields, but in town even without a man’s shadow. But did we not state: “If somebody had been thrown into a cistern and said, anybody who hears my voice should write a bill of divorce to my wife, they should write and deliver,” and Rebbi Jonathan said, only if they saw a man’s shadow? Rebbi Abun said, damaging spirits¹²⁴In the opinion of the Babli, Giṭṭin 66a, they can take on human shapes and even have a shadow. But since that shadow is the work of the spirit and not of physics, they have no half shadows (meaning that the shadows of spirits follow the rules of geometric, not of wave, optics.) are as frequent in cisterns as they are frequent on the fields.