Soncino English Talmud
Gittin
Daf 33b
the whole of it is not nullified. If therefore those [who have not heard the order countermanded] go and write [the Get] and give it to her, their action is quite proper. Rabban Simeon b. Gamaliel was of opinion that if part of an evidence is nullified the whole is nullified. [If therefore] those [who] do not know [that the order is countermanded] go and write [the Get] and give it to her, then they are enabling a married woman to marry again. Or if you like I can say that both Rabbi and Rabban Simeon b. Gamaliel are agreed that if part of an evidence is nullified the whole is not nullified, and the reason of Rabban Simeon b. Gamaliel here is that in his opinion a thing which is done in the presence of ten can only by undone in the presence of ten. The question was raised: Suppose he said 'All of you write,' what are we to say? Do we say that the reason of Rabban Simeon b. Gamaliel [for forbidding in the case where he did not say 'all of you'] is that in his opinion if part of an evidence is nullified the whole is nullilied, and since he said to these 'all of you,' they cannot write the Get and give it [without these two], or is his reason that in his opinion a thing which has been done in the presence of ten can only be undone in the presence of ten, and therefore even if he said 'all of you' [he can only countermand the order when they are all together]? — Come and hear: If a man said to two persons, Give a Get to my wife, he can countermand the order to one without the other. This is the ruling of Rabbi. Rabban Simeon b. Gamaliel, however, says that he can only countermand it to both of them together. Now two here are equivalent to 'all of you,' and yet we see that Rabbi and Rabban Simeon differ? — Said R. Ashi: If the two are witnesses to the Get, then Rabban Simeon would also admit [that he can countermand separately]. Here, however, we are dealing with witnesses to the taking of the Get. This opinion is borne out by the conclusion of the passage quoted: 'If he told each of them separately [in the first instance], he can countermand to them separately.' For if you say that it speaks of witnesses to the taking of the Get, this is intelligible. But if you say that it speaks of the witnesses to the writing of the Get, how can these be joined together [if they were at first separate]? Has not the Master said: 'Their [separate] evidences are not combined [to form a whole]; they must both see [the event] together'? — [This, however, is not conclusive], since perhaps [the teaching quoted] follows the view of R. Joshuah b. Korhah. R. Samuel b. Judah said: I have heard R. Abba give rulings on both [these points], one following Rabbi and the other following Rabban Simeon b. Gamaliel, but I do not know which one follows Rabbi and which Rabban Simeon b. Gamaliel. Said R. Joseph: We are able to throw light on this. For when R. Dimi came [from Palestine], he reported to us that Rabbi once in an actual case decided according to the ruling of the Sages, and R. Parta the son of R. Eleazar b. Parta and the grandson of the great R. Parta said to him: If that is so, what authority do you leave to the Beth din, and Rabbi thereupon reversed his decision and followed the ruling of R. Simeon b. Gamaliel. And since the ruling in this case follows Rabban Simeon b. Gamaliel, in the other it follows Rabbi. R. Josiah from Usha was also of opinion that the ruling in one case followed the opinion of Rabbi and in the other of Rabban Simeon b. Gamaliel. For Rabbah b. Bar Hanah said: We were sitting five elders before R. Josiah from Usha and a certain man came before him whom he compelled to give a Get against his will, and he said to them [the witnesses, after compelling him], Go and conceal yourselves [from him] and write her [the Get]. Now if you assume that he ruled according to the opinion of Rabbi, if they did conceal themselves what difference did it make? This shows that [in this point] he followed Rabban Simeon b. Gamaliel. But should you assume further that in the other point also he held with Rabban Simeon b. Gamaliel, [we can ask,] why should they have hidden themselves? It would have been sufficient if they had separated. This shows that he held with Rabbi in regard to one point and with Rabban Simeon b. Gamaliel in regard to the other. Raba, however, said in the name of R. Nahman that the halachah follows Rabbi in both points. But does not R. Nahman hold that the authority of the Beth din must be upheld? Did not R. Nahman say in the name of Samuel,
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