Monday, May 22, 2023

Moving changes everything we’ve assumed so far TB Gittin 6

We know that everywhere outside the Land of Israel,  an agent bringing a get has to say that “The bill of divorce was written and signed before me.” Today’s daf TB Gittin 6 wonders whether Babylonia is like the land of Israel when it comes to gittin and the agent doesn’t have to say that “The bill of divorce was written sign before me” or whether Babylonia is treated just like every other country outside the land of Israel. Is Babylonia the exception that makes the rule? Of course, there is a disagreement on this matter.

It was stated that the amora’im disagreed concerning the status of Babylonia with regard to the halakhot of bills of divorce: Rav says that Babylonia is considered to be like Eretz Yisrael with regard to bills of divorce, and Shmuel says that it is considered like outside of Eretz Yisrael.” (Sefaria.org translation)

You have to understand there were two great centers of Jewish learning at the time. One in the land of Israel and one in Babylonia. In fact over time, the Babylonian Jewish community became ascendant. The Talmud that we study for daf yomi is the Babylonian Talmud and not the Jerusalem one (with the exception of massekhet Shekalim). Since both Rava and Rabba agree that the purpose of saying the bill of divorce was written and signed before me is to ratify and certify the get, they must be arguing whether witnesses are readily available. “Rather, everyone agrees that we require witnesses to ratify it, and they disagree with regard to this: Rav holds that since there are central academies where people study, witnesses are frequently available to ratify bills of divorce. And Shmuel holds that those studying in the academies are preoccupied by their studies; therefore, they cannot be used as witnesses to confirm a bill of divorce, as they will not recognize peoples’ signatures.” (Sefaria.org translation)

So far everything has followed the same pattern since the very beginning of our  massekhet. Near the end of the sugiya, the Gemara throws us a curveball which changes everything.

“The Gemara relates that Rabba bar Avuh would require that an agent state the declaration even when transmitting a bill of divorce from one side of the public domain to the other side [me’arsa le’arsa]. Rav Sheshet required that an agent state the declaration even when transmitting a bill of divorce from one group of houses to another group of houses on the same side of the public domain. And Rava required that an agent state the declaration even when transmitting a bill of divorce within the same group of houses.

“The Gemara asks: But Rava is the one who said that the reason an agent must state the declaration is because there are no witnesses available to ratify it, so why would he require the declaration even when transmitting a bill of divorce within the same group of houses? The Gemara explains: Rava issued this decree only with regard to his city of Meḥoza. The reason is that the residents of Meḥoza (a major city in Babylonia with a large Jewish population and an important yeshiva -gg) are different, as they are constantly mobile, and do not stay in one place. Therefore, it is possible that the witnesses who were present when the bill of divorce was written have already moved elsewhere.” (Sefaria.org translation)

I once learned that the average American moves every six years. We Jews are no different. I imagine that Jews have always been on the move; consequently, the Shulkhan Arukh has decided that the agent always has to say that “The bill of divorce was written and signed before me” no matter where the get is delivered including the land of Israel! “And it seems to me that now even in the land of Israel he must say: It was written and signed in front of me. Hagah: And in these time one who brings a get even from one house to another house in the same city, he must say: It was written in front of me and signed in front of me (Tosafot, the beginning of Gittin).” (Even Ha’Ezer, 142:1, Sefaria.org translation) 

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