Soncino English Talmud
Gittin
Daf 33a
So-and-so and So-and-so the judges in such-and-such a place.' And R. Shesheth? — [He may rejoin:] Is the Tanna to reckon them out like a pedlar selling his wares? Said R. Nahman [again]: What is my ground for saying so? Because we have learnt: 'And the judges sign below or the witnesses.' Are not the judges here placed on a par with the witnesses, so that just as two witnesses suffice, So two judges suffice? And R. Shesheth? — [He can reply:] Is this an argument? Judges and witnesses each follow their own rule. [And if you ask] why [the Mishnah] mentions both witnesses and judges, it is to teach us that it makes no difference if they word the document as judges and then sign as witnesses or if they word the document as witnesses and then sign as judges. TO PREVENT ABUSES, What is referred to? — R. Johanan said: To prevent illegitimacy. Resh Lakish said: To prevent wife-desertion. 'R. Johanan said to prevent illegitimacy,' for he held with R. Nahman who said [that the Get could be cancelled] before [a Beth din of] two: [the proceedings] of two are not generally known, so she, not having heard and not knowing [that the Get is cancelled] might go and marry again, and bear illegitimate children. 'Resh Lakish said to prevent wife-desertion,' for he again held with R. Shesheth who said [that he has to cancel it] before [a Beth din of] three. The proceedings of three are generally known, so she hearing and knowing [that the Get was cancelled] would remain unmarried, and we have therefore to save her from being a deserted wife. Our Rabbis have taught: If [the husband] did cancel [the Get before a Beth din] it is cancelled. This is the ruling of Rabbi. Rabban Simeon b. Gamaliel, however, says that he can neither cancel it nor add any additional conditions, since if so, what becomes of the authority of the Beth din? And is it possible then, that where a Get is according to the Written Law cancelled we should, to save the authority of the Beth din, [declare it valid and] so allow a married woman to marry another? — Yes. When a man betroths a woman, he does so under the conditions laid down by the Rabbis, and in this case the Rabbis annul his betrothal. Said Rabina to R. Ashi: This is quite right if the husband had originally betrothed his wife with money. But if he had betrothed her by the act of marriage, what can we say? — The Rabbis declared the act of marriage to be retrospectively nonmarital. Our Rabbis have taught: 'If a man said to ten persons, Write a Get for my wife, he can countermand the order to each of them separately. This is the ruling of Rabbi. Rabban Simeon b. Gamaliel, however, says that he can only countermand the order when they are together.' What is the point at issue between them? — The point at issue is whether if part of an evidence has been nullified the whole of it is nullified. Rabbi was of opinion that if part of an evidence has been nullified
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