Soncino English Talmud
Gittin
Daf 29a
but in the case of an Israelite court once it condemns him to execution he is executed. Said Abaye to him: In an Israelite court also it is possible that some circumstance may be found in his favour [after his condemnation]? — Such a circumstance happens before the sentence is pronounced; after the sentence is pronounced it does not happen. May we say that this view is supported by the following: Whenever two persons come forward and say. We testify against So-and-so that he was condemned to death in such-and-such a Beth din, So-and-so and So-and-so being witnesses against him, such a man has to be put to death'? — Perhaps a condemned man who has escaped is different. Come and hear: If he heard [a report] from an Israelite court that So-and-so died or was put to death, they allow his wife to marry again. [If, however, the report came], from a heathen court that he died or was put to death, they do not allow his wife to marry again. Now what is meant here by 'died' and 'put to death'? Shall I say these terms are to be taken literally? Then why in the case of a heathen court is the wife not allowed to marry again, seeing that it is a recognised principle that [the word of] a heathen speaking without ulterior motive is to be accepted [in questions relating to marriage]? I must therefore understand the words 'died' and 'put to death' in the sense of 'taken out to die' or 'to be put to death'; and yet it states [that if the report comes] from an Israelite court they do allow the wife to marry again! [The passage means] really 'died' and really 'put to death', and as for your question why in such a case [if the report comes] from a heathen court is she not allowed to marry again, seeing that it is a recognised principle with us that the word of a heathen speaking without ulterior motive is to be accepted, [the answer is that] this applies only to a matter in which the heathen has not participated, but where the matter is one in which they have themselves participated, he is prone to indulge in falsehood. MISHNAH. IF THE BEARER OF A GET IN ERETZ YISRAEL FALLS ILL, HE CAN SEND IT ON BY ANOTHER. IF, HOWEVER, [THE HUSBAND] SAID TO HIM, TAKE FOR ME SUCH-AND-SUCH AN ARTICLE FROM HER, HE MAY NOT SEND IT [THE GET] ON BY ANOTHER, SINCE THE HUSBAND MAY NOT WANT HIS PLEDGE TO BE IN THE HAND OF ANOTHER. GEMARA. R. Kahana said: We have learnt specifically. IF HE FALLS ILL, Cannot I see that for myself? — [Unless R. Kahana had pointed this out] you might think that the same rule applies even if he does not fall ill, and that [the Mishnah] merely mentioned a usual case. Hence he tells us [that this is not so], How [am I to] understand [the Mishnah]? If the husband said to the bearer simply 'take this [Get]', then surely even if he did not fall ill he can send it on by another? If, however, the husband said, 'You take this,' then even if he did fall ill he cannot send it on by another? And if [the Mishnah] follows R. Simeon b. Gamaliel, then even if he fell ill [although the husband merely said 'take'] he cannot [send it on by another], as it has been taught: 'If a man said, Take this Get to my wife, [the bearer] can send it on by another. If he said, You take this Get to my wife, [the bearer] cannot send it on by another. R. Simeon b. Gamaliel said: In either case one agent cannot appoint another'? — If you like I can answer that he said 'Take,' for [even this formula authorises the bearer to send it on by another] only if he falls ill; or if you like I can say that he said 'You take', for only where he falls ill it is different: and if you like I can say that the Mishnah is in agreement with R. Simeon b. Gamaliel, only where the bearer falls ill it is different. We learnt: IF THE BEARER OF A GET IN ERETZ YISRAEL FALLS ILL, HE CAN SEND IT ON BY ANOTHER. Does not this contradict the following? [For we learnt:] 'If a man says to two persons, "Give a Get to my wife," or to three persons, "Write a Get and give it to my wife," they are to write and give it': [which implies, does it not, that] they themselves are [to write it] but not an agent [of theirs]? — Abaye replied: There the reason is that they should not put the husband to shame, but here the husband is not particular. Raba said: [The reason there is that he only gave them] verbal instructions, and verbal instructions cannot be transmitted to an agent. Does any difference arise in practice between the two? — It does: in the case of a gift, their difference being in principle the same as that between Rab and Samuel, Rab holding that a gift is not on all fours with a Get and Samuel holding that it is. IF THE HUSBAND SAID TO HIM, TAKE FOR ME SUCH-AND-SUCH AN ARTICLE FROM HER. Resh Lakish said: Here Rabbi meant [merely] to teach us that the borrower may not lend the article he has borrowed further, nor may the hirer hire it out further. Said R. Johanan to him: This even schoolchildren know. What we should say is that sometimes [if the bearer did send the Get on by another bearer] the Get itself is no Get, because he puts himself in the same position as the bearer who was told by the husband not to divorce the wife except in the lower room and he divorced her in the upper room, or who was told not to divorce her except with the right hand and he divorced her with the left. Now both authorities are agreed that where she goes out to meet him [the second bearer] and gives him the article and then takes from him the Get, it is a perfectly valid Get. Where they differ is in the case where the husband said to the bearer,
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