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Week 85 - Shabbat - 14 July 2001

GITTIN: CHAPTER 5: MISHNAH 9

A woman may lend her neighbor who is suspected of shevi'it: a fine sieve, a coarse sieve, a hand-mill, or an oven; but she may not separate or grind with her. The wife of a haver may loan to the wife of an uneducated person: a fine sieve or a coarse sieve; and she may separate, grind, or sift with her; but once she pours out the water she may not touch with her, because one may not assist a transgressor. And all these were stated only in the interests of peace. And one may assist Gentiles during the Sabbatical year - but not Jews - and one may offer them greetings in the interest of peace.

Kehati

This mishnah, taught in Tractate Shevi 'it (5:9), is quoted here incidental to the previous mishnah which also deals with rules enacted in the interests of peace.

A woman may lend her neighbor who is suspected of shevi'it - she is suspected of storing produce of the Sabbatical year, and of hiding it after the time of disposal has arrived, i.e., after none of this type of produce is left in the fields for the animals, when it must be removed from the homes: a fine sieve - used for sifting flour, a coarse sieve - used for separating kernels of grain, and a hand-mill - used for grinding, or an - baking - oven - even though these utensils might be used for the preparation of foodstuffs from the prohibited produce of the Sabbatical year and it is forbidden to assist those who commit a transgression, as explained below, the Sages nevertheless permitted loaning her these utensils, in the interest of peace, on the assumption that she will use them for things which are permitted during the Sabbatical year; but she may not separate - chaff and waste from grain and produce with her, or grind with her - because she may be aiding in the actual transgression (Hameiri).

The wife of a haver - who is particular about tithes and the laws of ritual purity, may loan - during any year, to the wife of an uneducated person - who is suspected of transgressing regarding the laws of the tithes and ritual purity: a fine sieve or a coarse sieve - and similarly, a millstone or an oven; according to another opinion, only a fine or a coarse sieve may be lent because they can be purified afterwards, but not an oven which people do not lend for since it is made of clay, it cannot be purified and must be broken, and not a hand-mill, because it is difficult to clean and purifying it entails a great deal of trouble (Tosafot: Tiferet Yisrael) and she may separate grind or sift - flour in a fine sieve, with her - since most uneducated people separate the tithes and in the interests of peace, we rely on this, and do not suspect that she is assisting a transgressor; but once she pours out the water - into the flour and makes dough, which, having been wetted, can now become impure, she may not touch with her - to aid her in rolling out the dough, since hallah (a portion of the dough which is given to the priests) must now be separated and an uneducated person, his wife, and his utensils render impure and cause the hallah to become impure. The wife of a haver may therefore, not help the wife of an uneducated person in rolling out the dough because one may not assist a transgressor - while committing the transgression. And all these - cases in which the Sages were lenient, ruling that it is permissible to lend utensils to uneducated people and to assist them were stated only in the interest of peace - to prevent enmity between them.

And one may assist Gentiles during the Sabbatical year - The Gemara explains that this does not mean to assist them in their work, but rather to encourage them by saying: "Be strong," or "good luck in your work" and the like, since they do not have to observe the Sabbatical year; but not - it is not allowed to encourage - Jews - during the Shemitah year, for it is forbidden to support a transgressor; and one may offer them the Gentiles greetings - at any time, in the interest of peace - the Gemara explains that if one may encourage them in the Shemitah year, it is unnecessary to state that one may greet them?! But the mishnah means to state that even on their holidays, which they celebrate in honor of their idols, one may offer them greetings in the interest of peace.

GITTIN: CHAPTER 6: MISHNAH 1

If one says, "Receive this get on behalf of my wife," or, "Convey this get to my wife" - if he wants to retract, he may retract. If a woman says, "Receive my get on my behalf" - if he wants to retract, he may not retract. Therefore, if the husband said to him, "I do not want you to receive on her behalf, but take and give her" - if he wants to retract, he may retract. Rabban Shimon ben Gamliel says, Even if the woman says, "Take for me my get" - if he wants to retract, he may not retract.

Kehati

Our mishnah resumes the discussion of the laws concerning an agent for a get. This topic, first discussed in chap. 4, (4:1, above), was interrupted by the series of laws laid down for the public welfare or in the interests of peace. As already mentioned at the beginning of our Tractate, a husband may send a get with an agent, who is called a shaliah leholakhah ("agent of delivery"). Similarly, a woman may send an agent to receive her get from her husband, which agent is called shaliah lekabalah ("agent of receipt"). The law regarding an agent of receipt differs from that of an agent of delivery. The former acts on behalf of the woman, and when the get comes to his hand, it is considered as if the get had been given to the woman, whereas an agent of delivery represents the husband, and regardless of the expression used to make him an agent, and even if he said to him, "Receive this get on behalf of my wife," she is not divorced until she receives the get. Our mishnah discusses whether the husband may retract the get after it has been handed over to the agent.

If one says - to an agent, "Receive this get on behalf of my wife," or, "Convey this get to my wife" - if the husband appoints an agent to deliver a get to his wife it is immaterial whether he tells him to "convey" or to "receive" the get, for he is only an agent of delivery, and therefore if he - the husband, wants to retract - before the get reaches her, he may retract - since the get is not considered a benefit, but rather a disadvantage for the woman, and one may not act to a person's detriment in his absence (see 1:6, above).

But - If a woman says - "receive my get on my behalf" - accept my get from my husband, if he - the husband, wants to retract - after he gives the get to her agent, he may not retract - for the hand of the wife's agent of receipt is as her hand, and when the husband gives the get to the wife's agent, it is as if he gave it to the wife. Should the husband, however, wish to retract the get once he gives it to the wife's "agent of receipt," he must first change the agent's status and, therefore if the husband said to him - to the wife's agent of receipt, "I do not want you to receive the get on her behalf - the get, but take and give her" - "take the get and give it into my wife's hand" he thereby cancels the agent's status as an agent of receipt, and makes him an agent of delivery, if he wants to retract - before the get reaches his wife, he may retract - as taught above, regarding an agent of delivery.

Rabban Shimon ben Gamliel says, Even if the woman says - to her agent, "Take for me my get" - even though she did not say receive, but take my get, if he - the husband, wants to retract - after the get was in the hand of the agent, he may not retract - since also by using this expression the woman has appointed him an agent of receipt, and his hand is regarded as her hand.

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