Todo projeto de lei em que uma testemunha cuthita é assinada é inválido, exceto o recebimento de mulheres e as manumissões de escravos, que são válidas se uma das testemunhas for cuthita. Mas, se os dois são cutitas, o primeiro tanna o invalida, mesmo com o surgimento de mulheres.] A conquista de uma mulher na qual as testemunhas cuthitas foram assinadas foi trazida uma vez a R. Gamliel em Kfar Otnai, e ele a validou. [R. Gamliel o validou mesmo onde ambos eram cutitas. E hoje, após o decreto de que os cutitas sejam considerados gentios em todos os aspectos, o gittin das mulheres não é diferente de outros escritos; até uma testemunha cutita invalida um mandado.] Todos os mandados julgados em tribunais gentios, [as testemunhas tendo testemunhado perante o juiz em seu lugar de julgamento], mesmo que sejam assinados por gentios, são válidos. [Aqui, onde sabemos que o juiz e as testemunhas não aceitam suborno], exceto o dinheiro das mulheres e as manumissões dos escravos. [(A validade obtém) apenas em relação a pedidos de empréstimos e vendas, onde as testemunhas viram a transferência de dinheiro. Mas escritos de endividamento e o apego de mulheres, e todas as coisas que são representações de beth-din—todas essas coisas são inválidas em seus tribunais.] R. Shimon diz: Essas também são válidas. Eles não foram mencionados [na casa de estudo como inválidos], exceto onde foram representados por [gentios que eram] leigos, [não por juízes. A halachá não está de acordo com R. Shimon.]
Bartenura on Mishnah Gittin
חוץ מגיטי נשים – that if there was upon it [a Jewish bill of divorce] one witnesses who is a Cuthean/a member of the sect of the Samaritans (on occasion, this word is used in place of גוי/non-Jew; עכו"ם /idol worshiper or מין/sectarian as a result of censorship), it is valid, if both of the them are Cutheans, the first teacher of the Mishnah disqualifies them for Jewish bills of divorce, but Rabban Gamaliel relates a story where he validated [it], even where both of them [the witnesses] were Cutheans. But nowadays, they [the Rabbis] decreed [against] the Cutheans as they were [to be considered] as non-Jews in all matters, making no distinction between other documents and Jewish bills of divorce, for even if one witness was a Cuthean, it [the document] is invalid.
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English Explanation of Mishnah Gittin
Introduction
The first section of this mishnah deals with documents whose signators are Samaritans. The Samaritans were a Jewish splinter group whose history is somewhat blurry. For more information on the Samaritans, see the introduction to Nedarim 3:10.
The second section of the mishnah deals with documents pertaining to Jews which were validated in non-Jewish courts. This was certainly a common phenomenon in the mishnaic periods. The Greco-Roman court system was well-developed, as were their laws. As subjects, if not always citizens, of the Roman Empire, Jews would have had some legal recourse to Roman courts and justice. Therefore, the rabbis had to discuss the validity of documents which were upheld in these courts.
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Bartenura on Mishnah Gittin
בערכאות של גוים – that the witnesses would offer their testimony before the sitting judge in the place where their matters of justice take place. But this is where they knew that judge and of those witnesses who do not accept bribes. And this specifically [refers to] loan documents and documents of sale where the witnesses saw funds exchanged. But documents of admission and Jewish bills of divorce, and any thing which is a legal matter in their [i.e., Roman] gentile offices, everything is invalid.
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English Explanation of Mishnah Gittin
Any document which has upon it the signature of a Samaritan is invalid, except for bills of divorce or a writ of emancipation. It happened that a bill of divorce was once brought before Rabban Gamaliel at Kefar Otnai and its witnesses were Samaritan, and he declared it valid. The mishnah teaches that all documents which have upon them signatures of people known to be Samaritans are invalid, except for bills of divorce or writs of emancipation. According to Albeck, Samaritans were suspected by the rabbis of lying with regard to issues of money, and therefore they could not serve as witnesses for matters such as loans and acquisitions. However, they were evidently not suspected of lying in matters of divorce or emancipation and hence they could serve as witnesses in these matters. Furthermore, they were assumed to be knowledgeable enough in matters of divorce and emancipation. Indeed, according to the mishnah, Rabban Gamaliel once allowed even two Samaritans to serve as witnesses on a get. This occurred at Kefar Otnai, in the southern Galilee.
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Bartenura on Mishnah Gittin
רבי שמעון אומר כשרים – they were not mentioned in the Jewish academy (Bet Midrash) to be invalidated.
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English Explanation of Mishnah Gittin
All documents which are accepted in the courts of non-Jew, even if those who signed on the documents are non-Jews, are valid except bills of divorce and of writs of emancipation. Rabbi Shimon says: these also are valid; they were only pronounced [to be invalid] when done by ordinary persons. This section of the mishnah deals with documents that were upheld by non-Jewish courts or even signed by non-Jews. In this case, these documents are generally valid with the exception of divorce and emancipation documents. Monetary documents are valid, because non-Jews are trustworthy to adjudicate monetary matters. However, since they do not know the laws of Jewish divorce and emancipation, bills of divorce and writs of emancipation could not be upheld in non-Jewish courts, nor could those who signed them be non-Jewish. Rabbi Shimon partially disagrees with the opinion in the previous clause. According to him, the earlier opinion that said that divorce and emancipation documents done in non-Jewish courts are invalid, referred only to those done by courts which lack knowledge of the laws. However, if the court was an expert court, they may even draw up divorce and emancipation documents, even though they are not Jewish.
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Bartenura on Mishnah Gittin
אלא בזמן שנעשו בהדיוט – through non-Jewish commoners who are not judges, but the Halakha does not follow like [the opinion of] Rabbi Shimon.
