Gittin 5a

גיטין ה׳ ע״א

Learn Gittin 5a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Gittin 5a in Gemara Clarity

Topic

Testing רבה's and רבא's reasons for בפני נכתב ובפני נחתם against three sources, and how רבה is defended each time

Overview

Earlier, two reasons were given for why a שליח bringing a גט from overseas must say "בפני נכתב ובפני נחתם." רבה says it is because people there did not know a גט must be written לשמה. רבא says it is because no one there could confirm the signatures. The גמרא tests both reasons against three sources. The first source is about a שליח who could not say the declaration, which רב יוסף explains as a healthy שליח who became a חרש. The second is רב הונא's ruling that two people bringing a גט do not need to say it. The third is a תוספתא that calls the declaration a leniency for the woman. Each source fits רבא easily but seems hard for רבה. Each time, the גמרא defends רבה: the case is from after people learned the law of לשמה, a single שליח still speaks because of a גזירה, and rare cases are left out of the גזירה. Along the way it explains why a woman bringing her own גט must still declare (one rule for all שליחות) while a husband need not, since he will not challenge a גט he holds himself. For the תוספתא, the גמרא explains that the woman had already remarried.

Opening lines

The steps (30)

1. ChallengeA deaf-mute cannot be an agent for a גט
2. Resolutionרב יוסף: He became deaf after handing over the get
3. ChallengeThis fits רבא but is difficult for רבה
4. ResolutionThe case is after people learned the law
5. ChallengeThen even a healthy agent should not need to speak
6. ResolutionA decree so the old problem does not return
7. ChallengeThen the decree should apply to one who cannot speak
8. ResolutionThe Rabbis did not decree on a rare case
9. ChallengeBut a woman bringing her own גט is also rare
10. ResolutionSo that people will not treat different kinds of שליחות differently
11. ChallengeThen the husband should also need the declaration
12. ResolutionA husband holding the גט will not challenge it
13. Proofשמואל asks רב הונא about two people who bring a גט from overseas
14. Challengeרב הונא's ruling fits רבא but not רבה
15. ResolutionThe case is after they learned the laws
16. ChallengeThen even one bringer should be exempt
17. ResolutionA decree in case things go back to how they were
18. ChallengeThen two bringers should also need it
19. ResolutionTwo bringers is a rare case
20. ChallengeA woman bringing her own גט is also rare
21. ResolutionSo that all kinds of agency follow one rule
22. ChallengeThen a husband should also have to say it
23. ResolutionA husband holding the גט will not challenge it
24. ProofA source: the declaration was a leniency
25. ChallengeThis fits רבא but is hard for רבה
26. ResolutionThe case is after people learned the laws
27. ChallengeBut we decreed in case people forget again
28. ResolutionThe woman had already remarried
29. ChallengeThen the תוספתא's reason does not fit
30. ResolutionThe leniency line answers someone who wants to remove her