Soncino English Talmud
Gittin
Daf 59a
I was in that assembly of Rabbi, and my vote was taken first. [How could this be], seeing that we have learnt: 'In [taking decisions on] money matters and cases of cleanness and uncleanness, they commence from the principal [of those present]; in capital cases, they commence from the side'? Rabbah the son of Raba, or as some say R. Hillel the son of R. Wallas said: The voting at the court of Rabbi was different, as in all cases it commenced from the side. Rabbah the son of Raba, or as some say R. Hillel the son of R. Wallas also said: Between Moses and Rabbi we do not find one who was supreme both in Torah and in worldly affairs. Is that so? Was there not Joshua? — There was Eleazar [with him]. But there was Eleazar? — There was Phinehas [with him]. But there was Phinehas? — There were the Elders [with him]. But there was Saul? — There was Samuel [with him]. But Samuel died [before Saul]? — We mean, [supreme] all his life. But there was David? — There was Ira the Jairite [with him]. But he died [before David]? — We mean, [supreme] all his life. But there was Solomon? — There was Shimei ben Gera with him. But he killed him? — We mean, all his life. But there was Hezekiah? — There was Shebnah [with him]. But he was killed? — We mean, all his life. But there was Ezra? — There was Nehemiah son of Hachaliah with him. R. Aha son of Raba said: I too say that between Rabbi and R. Ashi there was no-one who was supreme both in Torah and in worldly affairs. Is that so? Was there not Huna b. Nathan [with him]? — We do not count Huna b. Nathan because he used to defer to R. Ashi. MISHNAH. A DEAF-MUTE CAN HOLD CONVERSATION BY MEANS OF GESTURES. BEN BATHYRA SAYS THAT HE MAY ALSO DO SO BY MEANS OF LIP-MOTIONS, WHERE THE TRANSACTION CONCERNS MOVABLES. THE PURCHASE OR SALE EFFECTED BY YOUNG CHILDREN IN MOVABLES IS VALID. GEMARA. R. Nahman said: The difference between Ben Bathyra and the Rabbis is only on the question of movables, but where a Get is concerned both agree that gestures [must be used]. Surely this is obvious; Ben Bathyra says distinctly 'MOVABLES'? — You might take this to mean 'where movable also are concerned'; hence we are told [that this is not so]. THE PURCHASE OR SALE EFFECTED BY YOUNG CHILDREN IN MOVABLES. What is the youngest age [at which they can do so]? — R. Judah pointed out to R. Isaac his son: About six or seven. R. Kahana said: About seven or eight. In a Baraitha it was taught: About nine or ten. There is no contradiction: Each [child] varies according to his intelligence. What is the reason [why this is allowed in the case of movables]? — R. Abba b. Jacob said in the name of R. Johanan: In order that they may procure ordinary necessities. And he said to him that was over the meltaha. Bring forth vestments for all the worshippers of Baal. What is meltaha? — R. Abba b. Jacob said in the name of R. Johanan: Something which is drawn out thin by fingering [nimlal we-nimtah]. When R. Dimi came [from Palestine] he said in the name of R. Johanan: Bonias son of Nonias sent to Rabbi a sibni and a homes and salsela and malmela. The sibni and homes [folded tip] into the size of a nut and a half, the salsela and malmela into the size of a pistachio-nut and a half. What is malmela? Something which fingering draws out thin. Up to what point [can advantage be taken of] their mistake? — R. Jonah said in the name of R. Zera: Up to a sixth, as with a grown-up. Abaye inquired: What of the gift of such a one? — R. Yemar replied. His gift is no gift. Mar, the son of R. Ashi, however, said that it is a valid gift. The [members of the Academy] communicated this statement to R. Mordecai with the names reversed. He replied: Go and tell the son of the Master that this does not correspond with the facts. As the Master was once standing with one foot on the ground and one on the steps we asked him, What of his gift, and he answered us, His gift is a valid gift, no matter whether made when he is ill or when he is well, whether it is a big gift or a small one. MISHNAH. THE FOLLOWING RULES WERE LAID DOWN IN THE INTERESTS OF PEACE. A PRIEST IS CALLED UP FIRST TO READ THE LAW AND AFTER HIM A LEVITE AND THEN A LAY ISRAELITE, IN THE INTERESTS OF PEACE. AN 'ERUB IS PLACED IN THE ROOM WHERE IT HAS ALWAYS BEEN PLACED, IN THE INTERESTS OF PEACE.
Sefaria
Mesoret HaShas