Yerushalmi Gittin 5:6 ירושלמי גיטין ה׳:ו׳

MISHNAH: Rebbi Joḥanan ben Gudguedah testified about a deaf-mute girl¹⁴⁰She is presumed not to be able to read and write. Since she has no means of communication with the outside world, she is incompetent in law. She herself could not conclude a marriage valid by biblical standards, but her father can marry her off when underage in a biblically valid marriage. Cf. Yebamot, Mishnah 14:3, Notes 20–24.
“Testified” usually means a statement of practice from Temple times accepted by the Jabneh Academy as binding. who was married off by her father, that she must be divorced by a bill of divorce¹⁴¹Since a divorce is a unilateral act by the husband as long as she is able to receive the bill. An insane woman, who cannot keep her bill of divorce, cannot be divorced., and about an underage girl who was married to a Cohen¹⁴²Even if the father had died and she was married in a rabbinically valid marriage by her mother or brothers, from which she may walk out without formality before she reaches adulthood (cf. Yebamot 1:2, Note 38)., that she may eat heave and her husband inherits from her if she dies, and about a stolen log which was used to build a house¹⁴³In Babylonian versions of the Mishnah, it is added “for the benefit of repentant sinners”, as explained in the Halakhah., that [the owner] has to take the value¹⁴⁴He cannot sue the robber for restitution of the original log., and about a purification sacrifice of a stolen animal¹⁴⁵It is a sinful act to use any stolen or robbed animal as a sacrifice. If such a sacrifice would be declared invalid, no Cohen would volunteer to serve in the Temple for fear of unwittingly committing the sin of eating from an invalid sacrifice. Therefore, a sacrifice can be rejected only if it is known that it was obtained by illegal means. which was not known in public, that it atones because of the order of the altar.

HALAKHAH: ¹⁴⁶This paragraph is from Yebamot 14:2, Notes 25–28. The readings from there are noted י.“Rebbi Joḥanan ben Guedgedah testified,” etc. Rebbi Ḥananiah asked before Rebbi Immi. His testimony seems reasonable for a hearing woman of sound mind, that she is divorced with or without her acquiescence. But a deaf-mute woman who has no will should not be divorced except with her acquiescence. But is it not testimony “that is an example”¹⁴⁷This is the text from Yebamot. The text here, “his father is the same”, does not make any sense; it indicates that the text in Yebamot is original.; does one add to a testimony? Rebbi Ḥanania is of the opinion that this refers to a hearing girl who was married off by her father (and mother¹⁴⁸The mention of the mother is an addition here; legally the mother has no authority over her daughter.) and became deaf-and-dumb. Rebbi Yose is of the opinion that this refers to an underage girl who was married off by her father (and mother¹⁴⁸The mention of the mother is an addition here; legally the mother has no authority over her daughter.) and became divorced.

Rebbi Joḥanan said, why did they say “an Israel underage girl eats heave,” that all should be eager to marry her for her attractiveness¹⁴⁹And not be reluctant to take a very young girl off her parent’s hands.. Rebbi Shammai said, only if she knows how to keep her [valuables given for] preliminary marriage¹⁵⁰He wants to abolish the theoretical age of 3 years and one day for the marriage of girls and requires that she know the difference between something given for a legal obligation and a toy.. Rebbi Immi said, a Mishnah said so, “married to a Cohen she eats heave.¹⁵¹Since the Mishnah changes the topic from a deaf-mute to a minor it implies that only an Israel underage girl, which will reach understanding, but not a deaf-mute, is able to eat heave. It follows that as long as the girl is like a deaf-mute, having no understanding, she is not included. (A similar Mishnah, Niddah 5:4, speaking of a girl 3 years and 1 day old, could be used as counter-argument since such a girl, if married off by her father, is married even if mentally handicapped.)” Rebbi Ḥananiah said, since Rebbi Joḥanan said, for her attractiveness, that means, even if she does not know how to keep her [valuables given for] preliminary marriage¹⁵²R. Joḥanan could have said that a minor can eat heave because she has understanding, to emphasize the difference between the minor and the deaf-mute. Since he chose to represent the ruling as rabbinical, to help marrying off underage girls, it follows that he does not require the girl to understand the situation. If the girl is given in marriage by her father, she is married by biblical rule, is part of the priestly clan, and eats heave by biblical law. If she was an orphan married off by her mother or brothers, if she actually lives with her husband she is part of her husband’s household and was acquired by his gift of valuables (Lev. 22:11)..

Rav Hamnuna in the name of Rebbi¹⁵³In the Babli, he always is called Rav Assi. Assi: An underage girl has no definitive marriage to let her eat heave¹⁵⁴An underage Israel girl married to a Cohen acquires the right to eat heave only by living with her husband, not by the definitive marriage ceremony.. Rebbi Immi said, a Mishnah said so, “married to a Cohen she eats heave.¹⁵⁵Niddah 5:4. The Mishnah does not say “by definitive marriage ceremony” but “being married to”, i.e., living with her husband.” Rebbi Abin asked: If she was definitively married but had no intercourse, [the husband] sent her to her father’s house and she grew up, may she eat heave¹⁵⁶Since an adult married to a Cohen can eat heave immediately, during the wedding meal, before sleeping with her husband.? Let us hear from the following: “Based on her earlier definitive marriage.¹⁵⁷There is a baraita, not otherwise attested to, which does not require any additional action to give all her rights to the adult married woman. The Babli (Yebamot 58a) quotes dissenting opinions without deciding the matter.”

“If somebody stole a log and used it in building. The House of Shammai say, he has to tear down the entire building and return it. But the House of Hillel say, for the benefit of repenting sinners¹⁵⁸Quoted in Baba Qama 9:1, Tosephta Baba Qama 10:5, Babli Giṭṭin 55a., that he has to pay its full value.” Rebbi Eleazar said, where do they disagree? If he stole it planed, but if he stole and planed it himself, he owes him money¹⁵⁹If he stole a piece of raw wood and turned it into building material, it cannot be returned to its original state. The robber acquired ownership of the material by changing it into something new; at the same time he incurred a debt to the original owner in the value of what he had taken (Mishnah Baba Qama 9:2).. If he stole and planed it on the spot¹⁶⁰Does acquisition by changing the object require removing it from the domain of the original owner?, what is the rule? Let us hear from the following¹⁶¹Tosephta Ketubot 8:10, Baba Qama 10:6,7; Yerushalmi Baba Qama 9:1 (6d 1.28); as an object of controversy Babli Baba Meṣi‘a 101a.: “If somebody appropriates another person’s ruin and rebuilds it without prermission, one appraises it and his hand is weak¹⁶²As explained in the Tosephta, the owner of the bundle pays the builder the smaller amount either of the increase in value of his land and the building expenses.. If he wants to take his logs and stones¹⁶³Which already form part of the building., one does not listen to him.” Rebbi Jacob bar Aḥa in the name of Rebbi Joshua ben Levi: It was asked in the name of Rav Naḥman bar Jacob: If somebody stores his bundle in somebody else’s ruin and wants to take it from there, does one not listen to him? He had not heard that Rebbi Jacob bar Idi¹⁶⁴This should be “Aḥa”. said in the name of Rebbi Joshua ben Levi: Because of civilisation¹⁶⁵One does not destroy houses except for an urgent need, either to avoid a collapse or to improve the housing stock. The question (Note 160) is answered in the negative.. Rebbi Yose said, this is correct. We would have thought that they disagree only in the Land, but not outside the Land. Since Rebbi Jacob bar Aḥa said, because of civilisation¹⁶⁶The formulation is universal יִשׁוּב “civilization”, not narrow יִשׁוּב אֶרֶץ יִשְׂרָאֵל “settlement of the Land of Israel”., this implies that there is no difference between the Land and outside the Land. If he¹⁶⁷The illegal builder. wants to take [the value of] his logs and stones, what is the rule? One tells him, wait until he¹⁶⁸The owner of the land. dwells in it. Samuel said, one pays him immediately.

Ulla bar Ismael: By law, it should not atone even if it was [not] known in public¹⁶⁹Babli 55a. There, Ulla explains that the sacrifice is not acceptable once the original owners have given up hope of recovery, since while abandonment makes a thing ownerless (Chapter 4, Note 88), ownership requires a conscious act of acquisition by the person in actual possession... Why did they say that it atones? Not to let the altar be deserted¹⁴⁵It is a sinful act to use any stolen or robbed animal as a sacrifice. If such a sacrifice would be declared invalid, no Cohen would volunteer to serve in the Temple for fear of unwittingly committing the sin of eating from an invalid sacrifice. Therefore, a sacrifice can be rejected only if it is known that it was obtained by illegal means.. Rebbi Simeon ben Laqish¹⁷⁰In the Babli this is attributed to Rav Jehudah and it is explained that abandonment by the former owner makes the object the property of the person in possession. said, by law, it should atone even if it was known in public. Why did they say that it does not atone? Not to let the altar accept robberies. How many are “public”? Rebbi Gorion in the name of Rebbi Simeon ben Laqish: Three people. Rebbi Abin in the name of Rebbi Joḥanan: “You brought robbed goods with the lame and the sick.¹⁷¹Mal. 1:13.” Since lame and sick are obvious, so everything must be obvious.