Soncino English Talmud
Gittin
Daf 36a
— We assume that the vow is taken by him in the presence of a company. This is a valid reason for one who holds that a vow which has been taken in the presence of a company cannot be annulled. But what are we to say to one who holds that it can be annulled? — We must say that the vow is imposed on the authority of the company. For Amemar has said: The law is that even according to those who hold that a vow made in the presence of a company cannot be annulled, one made on the authority of a company cannot be annulled. This, however, is the case only with a vow relating to some optional action, but if it interferes with a religious duty, it can be annulled. A case in point is that of the teacher of children whom R. Aha bound by a vow on the authority of a company [to give up teaching], because he maltreated the children, but Rabina reinstated him because no other teacher could be found as thorough as he was. WITNESSES SIGN A GET TO PREVENT ABUSES. [Is this rule only] to prevent abuses? It derives from the Scripture, does it not, since it is written, And subscribe the deeds and seal them? — Rabbah said: [All the same this reason] is necessary on the view of R. Eleazar, who said that the witnesses to delivery make [the Get] effective. The Rabbis nevertheless ordained that there should be witnesses to sign [as well], to prevent abuses, since sometimes the witnesses [to delivery] may die or go abroad. R. Joseph said: You may even say [that this reason is necessary] on the view of R. Meir, [and what] they ordained was that the witnesses should subscribe their names in full, to prevent abuses, as it has been taught: At first the witness used simply to write, 'I, So-and-so, subscribe as witness. 'If then his writing could be found on other documents, the Get was valid, but if not, it was invalid. Said Rabban Gamaliel: A most important regulation was laid down [by the Rabbis], that the witnesses should write their names in full in a Get, to prevent abuses. But is not a mark enough? Did not Rab [sign by] drawing a fish and R. Hanina by drawing a palm-branch, R. Hisda with a Samek, R. Hoshaia with an Ayin, and Rabbah son of R. Huna by drawing a sail? — The Rabbis are different, because their marks are well known. How did they make these signs known to begin with? — On letters. HILLEL INSTITUTED THE PROSBUL. We have learnt elsewhere: A prosbul prevents the remission of debts [in the Sabbatical year]. This is one of the regulations made by Hillel the Elder. For he saw that people were unwilling to lend money to one another and disregarded the precept laid down in the Torah, Beware that there he not a base thought in thine heart saying, etc. He therefore decided to institute the prosbul. The text of the prosbul is as follows: 'I hand over to you, So-and-so, the judges in such-and-such a place, [my bonds], so that I may be able to recover any money owing to me from So-and-so at any time I shall desire'; and the prosbul was to be signed by the judges or witnesses. But is it possible that where according to the Torah the seventh year releases Hillel should ordain that it should not release? — Abaye said: He was dealing with the Sabbatical year in our time, and he went on the principle laid down by Rabbi, as it has been taught: Rabbi says: [It is written], Now this is the matter of the release; [every creditor] shall release. The text indicates here two kinds of release, one the release of land and the other the release of money. When the release of land is in operation the release of money is to be operative, and when the release of land is not operative the release of money is not to be operative.
Sefaria
Makkot 16a · Gittin 48b · Jeremiah 32:44 · Gittin 87b · Moed Katan 2b · Kiddushin 38b
Mesoret HaShas
Makkot 16a · Moed Katan 2b · Kiddushin 38b · Gittin 48b · Gittin 87b