Soncino English Talmud
Gittin
Daf 64b
— That is so where [it has the effect of making the law] more stringent, but not where [it makes it] more lenient. Then let us believe the woman herself, in accordance with R. Hamnuna; for R. Hamnuna said: If a woman says to her husband, You have divorced me, her word is taken, since the presumption is that a woman would not have the impudence to say this in the face of her husband [if it were not true]? — That is so where she has no confirmation; but where she has some confirmation, she certainly would not shrink from doing so. MISHNAH. IF A YOUNG GIRL IS BETROTHED, BOTH SHE AND HER FATHER MAY RECEIVE HER GET. R. JUDAH, HOWEVER, SAID THAT TWO [DIFFERENT] HANDS CANNOT TAKE POSSESSION TOGETHER: HER FATHER ALONE MAY RECEIVE HER GET. ONE WHO IS NOT ABLE TO KEEP HER GET IS NOT CAPABLE OF BEING DIVORCED. GEMARA, What is the difference in principle [between the Rabbis and R. Judah]? — The Rabbis held that the All-Merciful conferred upon her an extra hand, whereas R. Judah held that where her father can act, her own hand counts as nothing. ONE WHO IS NOT ABLE TO KEEP HER GET, etc. Our Rabbis taught: A child who knows how to keep her Get can be divorced, but if she does not know how to keep her Get she cannot be divorced. Whom do we mean by a child who knows how to keep her Get? One who keeps her Get and something else. What is the meaning of this? — R. Johanan said: It means, one who keeps something else in place of her Get. R. Huna b. Manoah strongly demurred to this, saying, Such a one is a mere idiot? No, said R. Huna b. Manoah, quoting R. Aha the son of R. Ika: It means one who can distinguish between her Get and another object. Rab Judah said in the name of R. Assi: [A child which if offered] a stone throws it away [but if offered] a nut takes it becomes possessor of anything given to itself but not [of anything given to it to give] to another. [If when given] an article [to play with] it will return it after a time [when asked], it can become possessor either for itself or for others. When I stated this in the presence of Samuel, he said to me, Both cases are just the same. What is the meaning of 'both cases are just the same'? — R. Hisda replied: In either case the child becomes possessor for itself but not for others. R. Hinnena Waradan raised an objection: How can [all the residents] become partners in an alley-way? One of them places a jar of wine there, saying, This is for all the residents of the alley-way, and he may confer possession upon them through his grown-up son or daughter or through his Hebrew manservant or maidservant. Now how are we to understand this maidservant? If she has grown two hairs, what is she doing with him? We must suppose therefore that she has not yet grown two hairs, and yet we are told that she can take possession on behalf of others? — The case of partnership in an alley-way is different, because [the prohibition of taking things out there] is only Rabbinical. R. Hisda said: Waradan was reduced to silence. What could he have answered? — [He could have said that] the Rabbis gave to their regulations
Sefaria
Gittin 89b · Yevamot 116a · Kiddushin 43b · Shabbat 52b · Nedarim 88b
Mesoret HaShas
Shabbat 52b · Nedarim 88b · Gittin 89b · Yevamot 116a · Kiddushin 43b