Talmud Yerushalmi
Yerushalmi Gittin 9:8 ירושלמי גיטין ט׳:ח׳
Part of: Chapter 9
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משנה: שִׁיֵיר מִקְצָת הַגֵּט וּכְתָבוֹ בַּדַּף הַשֵׁנִי וְהָעֵדִים מִלְּמַטָּן כָּשֵׁר. חָתְמוּ עֵדִים בְּרֹאשׁ הַדַּף מִן הַצַּד אוֹ מֵאֲחוֹרָיו בְּגֵט פָּשׁוּט פָּסוּל. הִקִּיף רֹאשׁוֹ שֶׁלָּזֶה בְּצַד רֹאשׁוֹ שֶׁלָּזֶה וְהָעֵדִים בָּאֶמְצַע שְׁנֵיהֶם פְּסוּלִין. רֹאשׁוֹ שֶׁלָּזֶה בְּצַד סוֹפוֹ שֶׁלָּזֶה וְהָעֵדִים מִלְּמַטָּן אֶת שֶׁהָעֵדִים נִקְרִין בְּסוֹפוֹ כָּשֵׁר. גֵּט שֶׁכְּתָבוֹ עִבְרִית וְעֵדָיו יְוָונִית יְוָונִית וְעֵדָיו עִבְרִית עֵד אֶחָד עִבְרִי וְעֵד אֶחָד יְוָונִי כָּתַב הַסּוֹפֵר וָעֵד כָּשֵׁר. אִישׁ פְּלוֹנִי עֵד כָּשֵׁר. בֶּן אִישׁ פְּלוֹנִי עֵד כָּשֵׁר. אִישׁ פְּלוֹנִי בֶּן אִישׁ פְּלוֹנִי וְלֹא כָתַב עֵד כָּשֵׁר. כָּתַב חְנִיכָתוֹ וַחֲנִיכָתָהּ כָּשֵׁר. כָּךְ הָיוּ נְקִיָּי הַדַּעַת בִּירוּשָׁלֵם כּוֹתְבִין.
MISHNAH: It is valid if some of the text remained and was written in the second column135The scribe folded the sheet so that it formed two columns. He then used both columns for the text. The witnesses then signed at the end. (The Babli, 88a, points out that this is valid only if the parchment or paper was folded, not if the two columns were glued together since they originally might have been parts of two different documents.), with the witnesses signing below. If the witnesses signed on top of the page, or at the sides136The signatures are disregarded unless they are affixed at the end of the document, exactly one line from the end of the text., or on the other side for a simple document137In contrast to a sealed document., it is invalid. If [two bills of divorce] start at the same place138Two bills written on the same sheet, one from the middle to the bottom, the other from the middle to the top. The signatures do not belong to either text. and the witnesses are in the middle, both are invalid. If the start of one bill is next to the end of the other and the witnesses are at the end, the bill whose witnesses are read with the end is valid. A bill of divorce written in Hebrew with its witnesses signing in Greek, written in Greek with its witnesses signing in Hebrew, or one witness signing in Hebrew and one in Greek141If there is only one document to be certified, it makes no difference if one signature is read from the right and the other from the left., or the scribe wrote with one witness, is valid. “X, witness” is valid. “The son of Y, witness” is valid142If the signature was recognizable as that of a certain person, the exact wording of the signature is irrelevant.. “X the son of Y”, but he did not write “witness”, is valid. If he wrote his or her surname143The family name (in addition to the proper name but without the patronymic), in a society where family names were not common., it is valid; that is how the punctilious in Jerusalem used to write.
MISHNAH: It is valid if some of the text remained and was written in the second column135The scribe folded the sheet so that it formed two columns. He then used both columns for the text. The witnesses then signed at the end. (The Babli, 88a, points out that this is valid only if the parchment or paper was folded, not if the two columns were glued together since they originally might have been parts of two different documents.), with the witnesses signing below. If the witnesses signed on top of the page, or at the sides136The signatures are disregarded unless they are affixed at the end of the document, exactly one line from the end of the text., or on the other side for a simple document137In contrast to a sealed document., it is invalid. If [two bills of divorce] start at the same place138Two bills written on the same sheet, one from the middle to the bottom, the other from the middle to the top. The signatures do not belong to either text. and the witnesses are in the middle, both are invalid. If the start of one bill is next to the end of the other and the witnesses are at the end, the bill whose witnesses are read with the end is valid. A bill of divorce written in Hebrew with its witnesses signing in Greek, written in Greek with its witnesses signing in Hebrew, or one witness signing in Hebrew and one in Greek141If there is only one document to be certified, it makes no difference if one signature is read from the right and the other from the left., or the scribe wrote with one witness, is valid. “X, witness” is valid. “The son of Y, witness” is valid142If the signature was recognizable as that of a certain person, the exact wording of the signature is irrelevant.. “X the son of Y”, but he did not write “witness”, is valid. If he wrote his or her surname143The family name (in addition to the proper name but without the patronymic), in a society where family names were not common., it is valid; that is how the punctilious in Jerusalem used to write.
הלכה: שִׁיֵיר מִקְצָת הַגֵּט כול׳. מָהוּ שִׁיֵיר. אָמַר רִבִּי יוֹסֵי בַּר בַּיבוֹן. כְּגוֹן קַיָים שָׁרִיר וּבָרוּר.
HALAKHAH: “If some of the text remained,” etc. What does “remained” mean? Rebbi Yose ben Rebbi Baibon said, e. g., “true, valid, and clear139The expression “remained” implies that most of the text was in the first column. It is now asserted that the document is valid even if only the last line is written in the second column, in which the husband asserts that the contents of the bill conform to his wishes. (The Babylonian formulary has only the words “valid and true”.) Cf. M.A. Friedman, Jewish Marriage in Palestine (Tel Aviv 1980) Vol. 1, p. 478, Note 112..”
HALAKHAH: “If some of the text remained,” etc. What does “remained” mean? Rebbi Yose ben Rebbi Baibon said, e. g., “true, valid, and clear139The expression “remained” implies that most of the text was in the first column. It is now asserted that the document is valid even if only the last line is written in the second column, in which the husband asserts that the contents of the bill conform to his wishes. (The Babylonian formulary has only the words “valid and true”.) Cf. M.A. Friedman, Jewish Marriage in Palestine (Tel Aviv 1980) Vol. 1, p. 478, Note 112..”
וְגֵט פָּסוּל פָּשׁוּט בִּמְקוּשָּׁר כָּשֵׁר וּבִלְבַד מֵאַחֲרָיו.
And what is invalid for a simple document is valid for a “knotted” one if it is on the back140Cf. Chapter 8:12 for the rules of simple and sealed (knotted) documents..
And what is invalid for a simple document is valid for a “knotted” one if it is on the back140Cf. Chapter 8:12 for the rules of simple and sealed (knotted) documents..
רַב אָמַר. הַדַּיָינִין חוֹתְמִין אַף עַל פִּי שֶׁאֵינָן יוֹדְעִין לִקְרוֹת. אֲבָל אֵין הָעֵדִים חוֹתְמִין אֶלָּא אִם כֵּן הָיוּ יוֹדְעִין לִקְרוֹת. אָמַר. יָבֹא עָלַי אִם עָשִׂיתִי מִיָּמַיי. אָמַר רִבִּי חַגַּיי קוֹמֵי רִבִּי יוֹסֵי. לֹא בָא קוֹמֵי רַב כְּתָב יְוָונִי מְיוּמוֹי וְקִיְימָהּ בְּחוֹתְמָיו. מַתְנִיתָא פְלִיגָא עַל רַב. גֵּט שֶׁכְּתָבוֹ עִבְרִית וְעֵדָיו יְוָונִית. יְוָונִית וְעֵדָיו עִבְרִית. עֵד אֶחָד עִבְרִי וְעֵד אֶחָד יְוָונִי. כָּשֵׁר. פָּתַר לָהּ כְּשֶׁהָיוּ יוֹדְעִין לִקְרוֹת וְלֹא הָיוּ יוֹדְעִין לַחֲתוֹם. וְאִם הָיוּ יוֹדְעִין אֶת שְׁנֵיהֶן יַחְתְּמוּ בְּאֵי זֶה מֵהֶן שֶׁיִּרְצוּ.
147In the ms., Halakhah 10 starts only at 50d, line 12. Rav said: Judges may sign even if they cannot read, but no witnesses may sign unless they know how to read148If judges sign the document, they only certify that it was presented to them and they attest to the genuineness of the signatures. Therefore, judges who do not know Greek can certify Aramaic signatures on a Greek document. But the witnesses testify to the genuineness of the document and they may be called to testify about its meaning; they are prohibited from signing unless they can read and understand it. In the Babli, Ketubot 109a/b, the rule is attributed to R. Ḥiyya, Rav’s uncle.. He said, such should come over me149An oath; the speaker invokes all kinds of bad things which should happen to him if he ever did what he denies doing. if I ever acted thus150He never acted on what he permitted in theory.. Rebbi Ḥaggai said before Rebbi Yose: Did no Greek document come before Rav that he could confirm it by its signatures151Since Rav exercised jurisdiction only in Babylonia, it is quite possible than no Greek document ever came before him.? The Mishnah disagrees with Rav: “A bill of divorce written in Hebrew with its witnesses signing in Greek, written in Greek with its witnesses signing in Hebrew, or one witness signing in Hebrew and one in Greek, is valid152Does this not mean that the witness signing in Greek did not know Hebrew and vice-versa?.” He explains that they knew how to read but not how to sign; or if they knew both [languages], they could sign in either one of their choice.
147In the ms., Halakhah 10 starts only at 50d, line 12. Rav said: Judges may sign even if they cannot read, but no witnesses may sign unless they know how to read148If judges sign the document, they only certify that it was presented to them and they attest to the genuineness of the signatures. Therefore, judges who do not know Greek can certify Aramaic signatures on a Greek document. But the witnesses testify to the genuineness of the document and they may be called to testify about its meaning; they are prohibited from signing unless they can read and understand it. In the Babli, Ketubot 109a/b, the rule is attributed to R. Ḥiyya, Rav’s uncle.. He said, such should come over me149An oath; the speaker invokes all kinds of bad things which should happen to him if he ever did what he denies doing. if I ever acted thus150He never acted on what he permitted in theory.. Rebbi Ḥaggai said before Rebbi Yose: Did no Greek document come before Rav that he could confirm it by its signatures151Since Rav exercised jurisdiction only in Babylonia, it is quite possible than no Greek document ever came before him.? The Mishnah disagrees with Rav: “A bill of divorce written in Hebrew with its witnesses signing in Greek, written in Greek with its witnesses signing in Hebrew, or one witness signing in Hebrew and one in Greek, is valid152Does this not mean that the witness signing in Greek did not know Hebrew and vice-versa?.” He explains that they knew how to read but not how to sign; or if they knew both [languages], they could sign in either one of their choice.
אָמַר רִבִּי אֶלְעָזָר. דִּבְרֵי הַכֹּל הִיא. אָמַר רִבִּי יוֹחָנָן. דְּרִבִּי יְהוּדָה הִיא. אָמַר רִבִּי יוֹסֵי. לֹא בְעִית מִדַּעְתּוֹ דְּרִבִּי יוֹחָנָן פְּלִיג. בְּשִׁיטָּתוֹ הֵשִׁיבֵהוּ. לְאוֹרְכּוֹ. דּוּ אָמַר בְּשֵׁם רִבִּי זְעִירָא. מִכֵּיוָן שֶׁאֵינוֹ מָצוּי לְזַוֵוג וְלֹא זִיוֵוג. כֵּינִי מַתְנִיתָא. כָּתַב סוֹפֵר וָעֵד כָּשֵׁר. אִישׁ פְּלוֹנִי כָּשֵׁר. בֶּן אִישׁ פְּלוֹנִי כָּשֵׁר. אִישׁ פְּלוֹנִי בֶּן אִישׁ פְּלוֹנִי וְלֹא כָתַב עֵד כָּשֵׁר. כָּתַב חְנִיכָתוֹ וַחֲנִיכָתָהּ פָּסוּל. רִבִּי אַבָּהוּ בְשֵׁם רִבִּי יוֹחָנָן. אֲפִילוּ כָתַב אִינּוֹ. כָּשֵׁר. רִבִּי אַבָּהוּ כָתַב אל״ף. רַב חִסְדָּא כָתַב סמ״ך. שְׁמוּאֵל כָּתַב חָרוּתָא.
Rebbi Eleazar said, it is everybody’s opinion153The Mishnah which lets the witnesses sign in any way they choose, if only their signatures are characteristic for them.. Rebbi Joḥanan said, it is Rebbi Jehudah’s154Who in Mishnah 3 requires a lengthy text.. Rebbi Yose said, you should not infer that the opinion of Rebbi Joḥanan is that he differs, but he answered him following his argument. Lengthwise155Mishnah 9 speaks of the case that the sheet containing the bill was folded lengthwise, with the two columns then in parallel. This may be ascribed to R. Jehudah who in Mishnah 3 requires that the text be very specific in detailing the divorce.
The editio princeps reads instead of לאורכו two words לא רבו and takes it together with the next statement: לא רבו דו אמא: “Was it not his teacher who said”, viz., one supports R. Yose, who is quoted in Chapter 3, Note 66, that his teacher R. Jeremiah quoted his own teacher R. Ze‘ira to the effect that one does not have to worry that two men, both called X ben Y, divorce their wives, both called A bat B, at the same place on the same day. Therefore, one does not have to worry either that a person whose characteristic signature consists only of one word be taken for another person.. That is what he said in the name of Rebbi Ze‘ira: Since pairing is infrequent, there was no pairing. So is the Mishnah: “If the scribe wrote with one witness, is it valid156J. N. Epstein (2 מבוא לנוסח המשנה, p. 476–477) notes that in most documents from the Genizah, at the end the scribe appended his own name. The Mishnah admits this declaration as testimony to the genuineness of the document. This is rejected by the Babli, 88a, in the name of R. Jeremiah. Cf. M.A. Friedman, Jewish Marriage in Palestine Vol. 1, p. 489.. “X” is valid. “The son of Y” is valid142If the signature was recognizable as that of a certain person, the exact wording of the signature is irrelevant.. “X the son of Y” but he did not write “witness”, is valid157In the revised version, no witness has to declare that he signs as a witness; his signature at the correct place automatically justifies it.. If he wrote his or her surname, it is invalid158Evrybody, including J. N. Epstein, considers this as a scribal error for “valid”. But it might mean that the family name alone, without a proper name, is invalid.. Rebbi Abbahu in the name of Rebbi Joḥanan, even if he wrote “he is it159Reading אִינּוֹ for הִנּוֹ. This is acceptable as a signature as long as it was written in a characteristic way that would be difficult to counterfeit, more or less in the tradition of Sephardic rabbinical signatures through the ages.”, it is valid. Rebbi Abbahu wrote א. Rav Ḥisda wrote ס.160Probably in a very convoluted manner. In the Babli, 87b, a number of rabbis are mentioned who wrote their names in the form of a picture: R. Ḥanina a palm branch, Rav a beehive, Rabba bar Rav Huna a sail (the latter was imitated in the 18th. Cent. by R. H. Y. D. Azulay.) Samuel wrote a palm branch.
Rebbi Eleazar said, it is everybody’s opinion153The Mishnah which lets the witnesses sign in any way they choose, if only their signatures are characteristic for them.. Rebbi Joḥanan said, it is Rebbi Jehudah’s154Who in Mishnah 3 requires a lengthy text.. Rebbi Yose said, you should not infer that the opinion of Rebbi Joḥanan is that he differs, but he answered him following his argument. Lengthwise155Mishnah 9 speaks of the case that the sheet containing the bill was folded lengthwise, with the two columns then in parallel. This may be ascribed to R. Jehudah who in Mishnah 3 requires that the text be very specific in detailing the divorce.
The editio princeps reads instead of לאורכו two words לא רבו and takes it together with the next statement: לא רבו דו אמא: “Was it not his teacher who said”, viz., one supports R. Yose, who is quoted in Chapter 3, Note 66, that his teacher R. Jeremiah quoted his own teacher R. Ze‘ira to the effect that one does not have to worry that two men, both called X ben Y, divorce their wives, both called A bat B, at the same place on the same day. Therefore, one does not have to worry either that a person whose characteristic signature consists only of one word be taken for another person.. That is what he said in the name of Rebbi Ze‘ira: Since pairing is infrequent, there was no pairing. So is the Mishnah: “If the scribe wrote with one witness, is it valid156J. N. Epstein (2 מבוא לנוסח המשנה, p. 476–477) notes that in most documents from the Genizah, at the end the scribe appended his own name. The Mishnah admits this declaration as testimony to the genuineness of the document. This is rejected by the Babli, 88a, in the name of R. Jeremiah. Cf. M.A. Friedman, Jewish Marriage in Palestine Vol. 1, p. 489.. “X” is valid. “The son of Y” is valid142If the signature was recognizable as that of a certain person, the exact wording of the signature is irrelevant.. “X the son of Y” but he did not write “witness”, is valid157In the revised version, no witness has to declare that he signs as a witness; his signature at the correct place automatically justifies it.. If he wrote his or her surname, it is invalid158Evrybody, including J. N. Epstein, considers this as a scribal error for “valid”. But it might mean that the family name alone, without a proper name, is invalid.. Rebbi Abbahu in the name of Rebbi Joḥanan, even if he wrote “he is it159Reading אִינּוֹ for הִנּוֹ. This is acceptable as a signature as long as it was written in a characteristic way that would be difficult to counterfeit, more or less in the tradition of Sephardic rabbinical signatures through the ages.”, it is valid. Rebbi Abbahu wrote א. Rav Ḥisda wrote ס.160Probably in a very convoluted manner. In the Babli, 87b, a number of rabbis are mentioned who wrote their names in the form of a picture: R. Ḥanina a palm branch, Rav a beehive, Rabba bar Rav Huna a sail (the latter was imitated in the 18th. Cent. by R. H. Y. D. Azulay.) Samuel wrote a palm branch.