Gittin 28b
גיטין כ״ח ע״ב
Learn Gittin 28b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Gittin 28b in Gemara Clarity
Topic
Presuming a far-away or endangered person is alive: future versus past death, a חטאת sent from overseas, and people in danger or condemned to death.
Overview
The amud opens with רבא answering a contradiction. We do not worry that a far-away husband already died, but we may worry that he will die. After a challenge from the wineskin case and a failed defense, רבא settles on this: 'perhaps he died' is not a worry for anyone, while 'perhaps he will die' is a מחלוקת תנאים. The גמרא then explains how a חטאת sent from overseas can be offered without סמיכה: either it is a woman's offering (רב יוסף) or a bird חטאת (רב פפא). It also shows why the משנה had to teach the presumption of life for גט, תרומה, and חטאת העוף alike. A new משנה follows. People in a besieged town, on a storm-tossed ship, or going to trial are presumed alive. People in a conquered town, on a lost ship, or going to execution get the stringencies of both the living and the dead. רב יוסף limits the execution case to a Jewish court, and the גמרא tests this against bribery, the משנה in מכות, and a ברייתא about death reports. A second version of רב יוסף's statement begins at the end and continues on the next amud.
Opening lines
שֶׁמָּא מֵת לָא חָיְישִׁינַן,
That perhaps he died, we are not concerned;
שֶׁמָּא יָמוּת חָיְישִׁינַן.
that perhaps he will die, we are concerned.
אֲמַר לֵיהּ רַב אַדָּא בַּר מַתְנָה לְרָבָא:
Rav Adda bar Mattana said to Rava:
וְהָא נוֹד דִּכְשֶׁמָּא יָמוּת הוּא,
But the wineskin is like 'perhaps he will die,'
The steps (22)
- ResolutionPast death is not a worry, future death is
- ChallengeThe wineskin case is also a future worry, yet תנאים argue
- ResolutionA wineskin is different because a guard can watch it
- ChallengeThe guard himself needs someone to watch him
- Resolutionרבא's new answer: a future death is a מחלוקת תנאים
- ChallengeHow can the חטאת be offered without סמיכה?
- Resolutionרב יוסף: the משנה means a woman's offering
- Resolutionרב פפא: the משנה means a bird חטאת
- StatementWhy the case of a bill of divorce alone was not enough
- ConclusionWhy the case of תרומה was also not enough, so all cases are needed
- StatementNew משנה: three dangerous situations where people are still presumed alive
- StatementThree more severe situations where we are strict both as if alive and as if dead
- Statementרב יוסף limits the משנה to a Jewish court
- Challengeאביי: non-Jewish courts take bribes
- ResolutionBribes only work before the verdict is sealed
- ChallengeChallenge from מכות: a convicted man is simply executed
- ResolutionA runaway is different
- ChallengeDeath reports from a Jewish court versus non-Jewish officials
- QuestionWhat do 'died' and 'was killed' mean in the ברייתא?
- ChallengeSo 'died' must mean going out to die, which goes against רב יוסף
- ResolutionReally died, but non-Jews back up their own verdict
- StatementA second version of רב יוסף's statement begins