Soncino English Talmud
Gittin
Daf 55a
What is the difference between this case and that of R. Ammi? — In that case it might be argued that the scribe mistakenly adopted the view of R. Jeremiah, but here, since he stakes the whole of his fee and yet comes and tells, we presume that he is telling the truth. MISHNAH. R. JOHANAN B. GUDGADA TESTIFIED THAT A DEAF-MUTE GIRL WHO HAS BEEN GIVEN IN MARRIAGE BY HER FATHER CAN BE PUT AWAY WITH A GET, AND THAT A MINOR [ORPHAN] DAUGHTER OF A LAY ISRAELITE MARRIED TO A PRIEST CAN EAT OF THE TERUMAH, AND THAT IF SHE DIES HER HUSBAND INHERITS HER, AND THAT IF A BEAM WHICH HAS BEEN WRONGFULLY APPROPRIATED IS BUILT INTO A PALACE RESTITUTION FOR IT MAY BE MADE IN MONEY, SO AS NOT TO PUT OBSTACLES IN THE WAY OF PENITENTS, AND THAT A SIN-OFFERING WHICH HAS BEEN WRONGFULLY OBTAINED, SO LONG AS THIS IS NOT [KNOWN] TO MANY, MAKES EXPIATION, TO PREVENT LOSS TO THE ALTAR. GEMARA. Raba said: From the testimony of R. Johanan b. Gudgada we learn that if a man said to the witnesses [to the Get], See this Get which I am about to give to her [my wife], and then he said to his wife, Take this bond, the divorce is valid. For did not R. Johanan b. Gudgada affirm that the consent of the wife is not necessary? So here we do not require her knowledge. Surely this is obvious? [It required to he stated] because you might have thought that his saying to her 'take this bond' rendered the Get void. [Raba therefore] teaches us that if he had meant to annul it he would have said so to the witnesses, and the reason why he spoke so to the wife was because he was ashamed [to call it a Get]. THAT A MINOR [ORPHAN] DAUGHTER OF A LAY ISRAELITE. A deaf-mute woman, however, [according to this] cannot eat. What is the reason? — As a precaution against a deaf-mute priest giving a deaf-mute woman [terumah] to eat. And suppose she does? She would only be like a child eating forbidden meat? — It is a precaution against the possibility of a deaf-mute priest giving terumah to a wife in possession of her faculties. But allow him at least to give her terumah which is such only by the rule of the Rabbis? — This is a precaution against the risk of her eating terumah which is such according to the Torah. AND THAT IF A BEAM WRONGFULLY APPROPRIATED HAS BEEN BUILT INTO A PALACE. The Rabbis taught: If a man wrongfully takes a beam and builds it into a palace, Beth Shammai say that he must demolish the whole palace and restore the beam to its owner. Beth Hillel, however, say that the latter can claim only the money value of the beam, so as not to place obstacles in the way of penitents. THAT A SIN OFFERING WHICH HAS BEEN WRONGFULLY OBTAINED. 'Ulla said: According to the rule of the Torah, whether the [fact is generally] known or not, [the offering] does not make expiation, the reason being that Renunciation does not of itself confer ownership [on the robber]. Why then was it laid down that if [the fact is] not known the offering is expiatory? — So that the priests should not be grieved. Said the Rabbis to 'Ulla: But our Mishnah says TO PREVENT LOSS TO THE ALTAR? — He replied to them: When the priests are grieved the altar is not attended to. Rab Judah, however, said: According to the rule of the Torah, whether the fact [of its having been wrongfully acquired] is known or not known, the offering is expiatory, the reason being that Renunciation does of itself confer ownership [on the robber].
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