Gittin 3a
גיטין ג׳ ע״א
Learn Gittin 3a step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Gittin 3a in Gemara Clarity
Topic
Why one שליח is believed when he says בפני נכתב ובפני נחתם, and the debate between רבה and רבא over the reason
Overview
This amud continues the discussion of a שליח who brings a גט from overseas and says בפני נכתב ובפני נחתם. The גמרא explains that חכמים trusted a single שליח because of עיגונא, the worry that a woman could be left stuck in her marriage. It asks whether this is really a קולא, since the husband could contest a גט backed by only one witness. The answer is that the גט is handed over in front of two or three people, so the שליח checks carefully and will not risk shaming himself. Following רבא's reason, that witnesses for קיום are hard to find, the גמרא asks why two witnesses are not needed. It answers with רבי שמעון בן לקיש's teaching: by Torah law a signed document needs no קיום at all, so חכמים were free to relax their own rule because of עיגונא. The גמרא then sets רבה and רבא against each other. Each explains why he rejects the other's reason, and each explains the wording of the משנה according to his own view. The amud ends by asking which תנא matches רבה's view, and that question continues on the next amud.
Opening lines
מִשּׁוּם עִיגּוּנָא אַקִּילוּ בַּהּ רַבָּנַן.
Because of the concern of being left a deserted wife, the Sages were lenient with her.
הַאי קוּלָּא הוּא?! חוּמְרָא הוּא!
Is this a leniency?! It is a stringency!
דְּאִי מַצְרְכַתְּ לֵיהּ תְּרֵי –
For if you require two witnesses for it,
לָא אָתֵי בַּעַל מְעַרְעֵר וּפָסֵיל לֵיהּ;
the husband does not come, contest, and invalidate it;
The steps (20)
- ResolutionThe Sages were lenient because of עיגונא
- ChallengeIsn't believing one witness actually a stringency?
- ResolutionThe שליח checks carefully because the גט is given in public
- ChallengeAccording to רבא, why not require two witnesses as with any document?
- ResolutionOne witness is believed in matters of איסור
- ChallengeOne witness works for doubtful fat, not for a married woman
- ResolutionDocument confirmation is only a rabbinic requirement
- ChallengeIs it really a leniency within רבא's approach?
- ResolutionThe שליח is careful because he hands it over publicly
- QuestionWhy does רבא not accept רבה's reason?
- ResponseThe משנה never mentions לשמה
- ResolutionWhy רבה's view does not require saying 'לשמה'
- ChallengeEven the current formula could get shortened
- ResolutionPeople drop one of three, not one of two
- QuestionWhy didn't רבה explain like רבא?
- Response'Written in my presence' points to לשמה
- Resolutionרבא: Avoiding confusion with ordinary קיום
- Challengeרבה: A גט and ordinary documents are too different to confuse
- Resolutionרבא: A גט would also work with 'we know,' so confusion is real
- QuestionAccording to רבה, which תנא requires writing לשמה and more?