Soncino English Talmud
Gittin
Daf 17a
and took away their lamp; whereupon Rabbah b. Bar Hanah ejaculated: 'O All Merciful One! either in Thy shadow or in the shadow of the son of Esau!' This is as much as to say, [is it not,] that the Romans are better than the Persians? How does this square with what R. Hiyyah taught: 'What is the point of the verse, God understood her way and he knew her place? It means that the Holy One, blessed be He, knew that Israel would not be able to endure the persecution of the Romans, so he drove them to Babylon'? — There is no contradiction. One dictum refers to the period before the Guebers came to Babylon, the other to the period subsequent to their coming. IF ONE SAYS, IT WAS WRITTEN IN MY PRESENCE' AND TWO SAY IT WAS SIGNED IN OUR PRESENCE, IT IS VALID. R. Ammi said in the name of Johanan: This applies only to the case in which the Get is produced by the witness to the writing [as bearer]. since in that case there is the equivalent of two witnesses to the writing and two to the signing. If, however, it is produced by the witnesses to the signing [as bearers], [the Get] is invalid. This would show, [would it not,] that he is of opinion that if two [bearers] bring a Get from 'foreign parts', they are required to declare, 'It was written in our presence and signed in our presence'? Said R. Assi to him: Accepting this view, look at the preceding clause: IF TWO SAY, 'IT WAS WRITTEN IN OUR PRESENCE' AND ONE SAYS, 'IT WAS SIGNED IN MY PRESENCE', IT IS INVALID: R. JUDAH, HOWEVER, DECLARES IT VALID. Do the Rabbis declare it invalid even if the Get is produced by both [as bearers]? — He replied: That is so. At another time R. Assi found R. Ammi poring [over the Mishnah] and saying that even if the Get [is produced] by the witnesses to the signing [as bearers], it is valid. This seemed to show that he was of opinion that if two [bearers jointly] brought a Get from foreign parts, they are not required to declare, 'It was written in our presence and signed in our presence'. Said R. Assi to him: If that is so, what of the preceding clause: IF TWO SAY, 'IT WAS WRITTEN IN OUR PRESENCE' AND ONE SAYS, 'IT WAS SIGNED IN MY PRESENCE', THE GET IS INVALID; R. JUDAH, HOWEVER, DECLARES IT VALID. The reason why the Rabbis declare it invalid is because the Get is not produced by both [as bearers]. If then it is produced by both [as bearers], do the Rabbis declare it valid? — He replied: That is so. But, said R. Assi, at another time you told me differently? — He said: This is a peg which cannot be dislodged. MISHNAH. IF [A GET WAS] WRITTEN BY DAY AND SIGNED ON THE [SAME] DAY, WRITTEN BY NIGHT AND SIGNED ON THE [SAME] NIGHT, WRITTEN BY NIGHT AND SIGNED ON THE DAY [FOLLOWING], IT IS VALID. IF IT WAS WRITTEN BY DAY AND SIGNED ON THE NIGHT [FOLLOWING], IT IS INVALID. R. SIMEON, HOWEVER, DECLARES IT VALID, SINCE R. SIMEON USED TO SAY THAT ALL DOCUMENTS WRITTEN BY DAY AND SIGNED ON THE [FOLLOWING] NIGHT ARE INVALID EXCEPT BILLS OF DIVORCE. GEMARA. It has been stated: Why did [the Rabbis] ordain that bills of divorce should be dated? — R. Johanan says: Lest [the husband] might shield his sister's daughter: Resh Lakish said: So that he should not sell the increment of his wife's property. Why did Resh Lakish not give the reason that R. Johanan gave? — He might argue
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Mesoret HaShas