Soncino English Talmud
Gittin
Daf 66a
Let R. Abina put his pack on his shoulder and go off to R. Huna his teacher, since R. Huna had laid down that a man's Get is on the same footing as his gift; just as if he recovers he can withdraw his gift, so if he recovers he can withdraw his Get. Similarly [we may argue], just as in the case of his Get, even though he did not express himself clearly, if he says 'write' even though he does not say also 'give' [it is sufficient], so with his gift, since he has said 'give', even though no token was given, [it is sufficient]. R. Abba strongly demurred to this [dictum of R. Huna], saying, [Shall I argue on this principle that] just as a gift may take effect after death, so a Get may take effect after death? — Is there any comparison? A gift can take effect after death, but is there such a thing as a Get after death? No; R. Abba's real difficulty was this. [Geniba's gift] was a gift made by one about to die of part of his property, and a gift made by one about to die of part of his property needs to be confirmed by a token gift. This would seem to show that according to R. Huna it does not need to be confirmed by a token gift, and yet we know for a fact that it does require a token gift? — There is a special reason here, because he was giving his last dispositions. This again would show that in R. Abba's opinion even where one gives his last dispositions, there must be a token gift, and we know for a fact that this is not the case? — No; the real difficulty of R. Abba is this. He did not say, [Give] wine, nor did he say, [Give] the money value of wine. What he said was 'of the wine'. — What does the other [R. Zera] [make of this]? — [He says that] he used the expression 'of the wine' to make his title more secure. They sent from there [Palestine] to say, 'Of the wine' makes his title more secure. MISHNAH. IF A MAN HAD BEEN THROWN INTO A PIT AND CRIED OUT THAT WHOEVER HEARD HIS VOICE SHOULD WRITE A GET FOR HIS WIFE, THE GET SHOULD BE WRITTEN AND PRESENTED TO HER. GEMARA. But is there not a possibility that it may be a demon? — Rab Judah said: We assume that he can be seen to have the appearance of a man. But the demons also can look like men? — We assume that they see his shadow. But they also have a shadow? — We assume they see a shadow of a shadow. But perhaps they also have a shadow of a shadow? — R. Hanina said: Jonathan my son has taught me that they have a shadow, but not a shadow of a shadow. But perhaps it is her rival? — A Tannah of the school of R. Ishmael taught: In time of danger we can write and [give a Get], even if we do not know him. MISHNAH. IF A MAN IN HEALTH SAYS, WRITE A GET FOR MY WIFE, HIS INTENTION IS MERELY TO PLAY WITH HER. IT ONCE HAPPENED WITH A MAN IN GOOD HEALTH WHO SAID, WRITE A GET FOR MY WIFE, AND THEN WENT UP ON TO A ROOF AND FELL DOWN FROM IT AND DIED, AND RABBAN SIMEON B. GAMALIEL SAID THAT IF HE HAD THROWN HIMSELF DOWN THIS WAS A GET, BUT IF THE WIND HAD BLOWN HIM OVER IT WAS NO GET. GEMARA. The instance adduced disproves the rule, [does it not]? — There is a lacuna, and the Mishnah should run thus: 'If his subsequent conduct reveals his intention [to kill himself], the Get is valid. IT ONCE HAPPENED WITH A MAN IN GOOD HEALTH WHO SAID, WRITE A GET FOR MY WIFE, AND THEN WENT UP TO A ROOF AND FELL DOWN FROM IT AND DIED, AND RABBAN SIMEON B. GAMALIEL SAID: IF HE HAD THROWN HIMSELF DOWN THIS WAS A GET, B UT IF THE WIND HAD BLOWN HIM OVER IT WAS NO GET. A certain man went into the synagogue and found a teacher of children and his son sitting there and a third man sitting by them. He said to them: I want two of you to write a Get for my wife. Before the Get was given the teacher died. [The question arose], Do people usually make a son their agent in the place of his father or not? — R. Nahman said: People do not make a son the agent in the place of his father, while R. Papi said that people do make a son their agent in the place of his father. Raba said: The law is that people do make a son the agent in place of the father. MISHNAH. IF A MAN SAID TO TWO PERSONS, GIVE A GET TO MY WIFE,
Sefaria
Mesoret HaShas