Gittin 71a

גיטין ע״א ע״א

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Topic

Can a חרש or אלם communicate through writing or signs for a גט, for עדות and for other matters?

Overview

This amud begins with the closing words of an earlier discussion: בית דין tests a mute man with questions about produce. רב כהנא then rules in the name of רב that a חרש who can express himself in writing may have a גט written for his wife. רבי זירא explains why this teaches something new. The משנה dealt only with an אלם, who can hear, while a ברייתא defines a חרש as someone who cannot hear. The גמרא then proves these definitions from a פסוק and from a common saying. Next comes a challenge from the rule that a mute cannot testify even though he can write. אביי answers that עדות is different, because it must come מפיהם ולא מפי כתבם. A ברייתא that lists testimonies, inheritances and business deals is then explained item by item so that it fits this rule. Another ברייתא says a חרש's writing does not work for גיטין. The גמרא answers that רבן שמעון בן גמליאל limits that rule to one born a חרש, and it explains the rule as being about his יבמה. It ends by asking whether the חכמים really make a גזירה about a חרש because of a פיקח, and that question continues on the next amud.

Opening lines

The steps (25)

1. ResolutionClosing the previous discussion: testing with produce
2. StatementA deaf man who can write may divorce his wife
3. ChallengeWhat is new here? The משנה already taught this
4. ResolutionAn אלם is different from a חרש
5. QuestionWhere do these definitions come from?
6. ResponseProof from a פסוק in תהלים
7. ResponseSecond answer: what people say
8. Challengeרבי זירא's real difficulty: a mute is exempt from testifying even though he can write
9. Resolutionאביי: testimony is different because it must come from the mouth
10. ChallengeChallenge: a ברייתא says a mute is tested for testimonies too
11. Resolutionרב ששת: that ברייתא means testimony for a woman, where the רבנן were lenient
12. ChallengeBut the ברייתא also lists inheritances
13. ResolutionIt means the inheritance of his own firstborn
14. ChallengeBut it also lists business and gifts
15. ResolutionNo, it means his own deals
16. ChallengeA ברייתא says a חרש's writing does not work for גיטין
17. ResolutionA dispute between תנאים: רבן שמעון בן גמליאל
18. ChallengeWhy can't a born deaf-mute divorce with signs?
19. ResolutionThe case is about his יבמה
20. ChallengeWhich brother did the יבמה come from?
21. ResolutionShe came from a hearing brother
22. ResolutionA decree because of the hearing brother
23. ChallengeThen his own wife should be included too
24. ResolutionA יבמה gets confused with a יבמה, but a wife does not
25. ChallengeDo we make a גזירה for a חרש because of a פיקח?