Gemara Clarity

Gittin 59a

גיטין נ״ט ע״א

Learn Gittin 59a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Gittin 59a in Gemara Clarity

Topic

רבי's unique greatness, and the rules for deals made by a deaf-mute and by young children

Overview

רב reports that when רבי's court voted, they asked him first. The גמרא asks why, since a משנה says that outside capital cases the vote starts with the greatest judge. It answers that רבי's court always started with the junior judges. The same teacher praises רבי: from משה until רבי, no one person was supreme in both Torah and worldly greatness. The גמרא tests this against יהושע, שאול, דוד, שלמה, חזקיה and עזרא. Each time it answers either that someone else was their equal, or that the claim means being unmatched for all one's years. רב אחא בריה דרבא says the same about the period from רבי to רב אשי. A new משנה then rules that a deaf-mute can buy and sell movable items by gestures (בן בתירא: even by lip movements), and that young children's deals in movable items count. The גמרא discusses whether this reaches גיטין, at what age children qualify, why the rule exists, how big a price mistake is allowed, and whether a child's gift counts. Between these it explains the words מלתחה and מלמלא. The amud ends with a new משנה about rules made מפני דרכי שלום, such as the order of the Torah reading.

Opening lines

אֲנָא הֲוַאי בְּמִנְיָינָא דְּבֵי רַבִּי,

I was present at the counting of the vote in the house of Rabbi,

וּמִינַּאי דִּידִי מְנוֹ בְּרֵישָׁא.

and they began counting with me myself first.

וְהָאֲנַן תְּנַן:

But didn't we learn in a Mishnah:

דִּינֵי מָמוֹנוֹת וְהַטְּהָרוֹת וְהַטְּמָאוֹת –

In monetary cases, and cases of ritual purity and impurity,

The steps (58)

  1. Statementרב was asked first in רבי's vote
  2. ChallengeA משנה says voting starts with the greatest judge
  3. Resolutionרבי's court always started from the junior judges
  4. StatementTorah and greatness together, from משה until רבי
  5. ChallengeWasn't יהושע such a person?
  6. Resolutionאלעזר was יהושע's equal
  7. ChallengeThen wasn't אלעזר such a person?
  8. Resolutionפנחס was אלעזר's equal
  9. ChallengeThen wasn't פנחס such a person?
  10. ResolutionThe זקנים were פנחס's equals
  11. ChallengeWasn't שאול such a person?
  12. Resolutionשמואל was שאול's equal
  13. ChallengeBut שמואל died first
  14. ResolutionThe claim means all of one's years
  15. ChallengeWasn't דוד such a person?
  16. Resolutionעירא היאירי was דוד's equal
  17. ChallengeBut עירא died first
  18. ResolutionWe require all of one's years
  19. ChallengeWasn't שלמה such a person?
  20. Resolutionשמעי בן גרא was there
  21. ChallengeBut שלמה killed him
  22. ResolutionAll the years again
  23. ChallengeWasn't חזקיה such a person?
  24. Resolutionשבנא was חזקיה's equal
  25. ChallengeBut שבנא was killed
  26. ResolutionAll the years once more
  27. ChallengeWasn't עזרא such a person?
  28. Resolutionנחמיה was עזרא's equal
  29. StatementNo one combined Torah and greatness from רבי to רב אשי
  30. ChallengeChallenge from הונא בר נתן
  31. Resolutionהונא בר נתן was below רב אשי
  32. StatementNew משנה: deals made by a deaf-mute and by young children
  33. Statementרב נחמן: the argument is only about movable property
  34. ChallengeIsn't that obvious from the משנה?
  35. ResolutionWe might have read it as 'even movable property'
  36. StatementSecond version: the argument also applies to divorce documents
  37. ChallengeBut the משנה says movable property
  38. ResolutionRead it as 'even with movable property'
  39. QuestionFrom what age can young children buy and sell?
  40. Responseרב יהודה: about six or seven
  41. Responseרב כהנא: about seven or eight
  42. ResponseA ברייתא: about nine or ten
  43. ConclusionThey do not disagree: it depends on each child's sharpness
  44. QuestionWhy do young children's deals count?
  45. ResponseSo the child can support himself
  46. QuestionWhat does the word מלתחה mean?
  47. ResponseSomething that folds up small and stretches out
  48. StatementThe fine linens sent to רבי
  49. QuestionWhat does מלמלא mean?
  50. Responseמלמלא means folded small and stretched
  51. QuestionHow big a price mistake can a child make?
  52. ResponseUp to one-sixth, like an adult
  53. QuestionIs a child's gift valid?
  54. Responseרב יימר and מר בר רב אשי disagree
  55. Rejectionרב מרדכי rejects the switched version
  56. Proofרב אשי ruled that a child's gift is valid
  57. StatementNew list of peace rules: order of the Torah reading
  58. StatementSecond peace rule: keep the עירוב in its old house