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Week 85 - Thursday - 12 July 2001

GITTIN: CHAPTER 5: MISHNAH 5

Rabbi Yohanan ben Godgada testified that a deaf-mute woman who was given in marriage by her father, goes out with a get; and that a minor daughter of an Israelite, who married a priest, eats terumah; and if she dies, her husband inherits her; and about a stolen beam that was built into a building, that he receives its value, to facilitate penitence; and about a stolen sin-offering which is not known to many that it effects atonement, for the benefit of the altar.

Kehati

Rabbi Yohanan ben Godgada lived at the time of the destruction of the Second Temple, and was later in Yavneh where he testified before the Sages concerning various laws that he had heard from his teachers. These laws are taught in our mishnah. The above mishnah is part of Tractate Eduyot (7:9); and is only quoted here because of the two laws in its last section, which are for the benefit of penitents and the altar (Rashi).

Rabbi Yohanan ben Godgada testified - regarding the following laws: that a deaf-mute woman who was given in marriage by her father - who contracted the marriage on her behalf when she was a minor, and who is considered a married woman by Torah law, that she goes out with a get - she herself accepts her get even though she is a deaf-mute and is not regarded as mentally competent, because a woman can be divorced against her will, and her assent is not required for divorce:

and that a minor daughter of an Israelite, who married a priest - even if she is an orphan who was given in marriage by her mother or brothers and her marriage is only by Rabbinic law, eats terumah - i.e., designated as such by Rabbinic decree, and we do not restrict her for fear that she might eat terumah which is such by Torah law; and if she dies - and leaves property, her husband inherits her by enactment of the Sages, because the Court of law is empowered to declare property ownerless and subsequently reassign it to another owner, as it is written, "These are the inheritances which Eleazar the priest, and Joshua the son of Nun, and the heads of the fathers' houses of the tribes of the children of Israel divided for an inheritance" (Josh. 19:51) - why are "heads" mentioned together with "fathers?" to teach that just as fathers bequeath to their children whatever they wish, so, too, can heads bequeath to the people whatever they wish (Gemara, Yev. 89b);

and about a stolen beam that was built - by the thief, into a - large - building - the Sages enacted - that he - the owner of the beam, receives its - the beam's, value - and the thief is not obligated to return the beam itself, to facilitate penitence - for the benefit of thieves who wish to repent and return the stolen object, for if the thief is obligated to demolish his building in order to return the beam itself, he will refrain from repenting;

and about a stolen sin-offering - a stolen animal which was offered on the altar as a sin-offering - which is not known to many - not many people know that it was stolen, that it effects atonement - for its owner, who is not obligated to bring another sin-offering for the benefit of the altar - the Gemara explains: so that the altar should not be idle, for if this enactment did not exist, the priests would refrain from bringing sacrifices for fear that they might be stolen animals which do not effect atonement and would thus be non-consecrated animals which must not be offered up, and the altar would remain idle. The Sages therefore ruled that a stolen sin-offering which is not public knowledge should effect atonement for its owner because the Court can reassign ownership of the stolen animal as explained above.

GITTIN: CHAPTER 5: MISHNAH 6

There was no sikerikon in Judea regarding those slain in the war. After the slain in the war there was sikerikon. How so? If one bought from a sikerikon and then bought it again from the owner - his purchase is void; from the owner and then bought it from the sikerikon - his purchase is valid. If one purchased from a man and then purchased from his wife - his purchase is void; from the wife and then purchased from the husband - his purchase is valid. This is the first mishnah. But a later Court decreed that if one purchases from a sikerikon he gives the owner one quarter. When? When he does not have the means to buy. But if he has the means to buy, he has the first option. Rabbi convened a Court and they decided by vote that if it remained in the possession of the sikerikon for twelve months - whoever purchases first, acquires, but he gives the owner one quarter.

Kehati

A sikerikon is a Gentile assassin who threatens to kill an Israelite unless he gives him his field. Our mishnah discusses the purchase of a field from a sikerikon, and whether the field's original owner may reclaim the field from the purchaser.

There was no sikerikon in Judea - i.e., the law of sikerikon, which will be explained below in this mishnah, was not in force in Judea - regarding those slain in the war - during the war waged by Titus in Judea and Jerusalem because there was a decree to kill every Israelite, and whoever gave his field to a sikerikon in order to save his life gave him total possession; accordingly, a purchase from a sikerikon during that period was regarded as a valid purchase, as if bought from the owner.

After the slain in the war - after the period when people were killed during the war, when the above decree was no longer in force, but sikerikons continued to take fields forcibly from Israelites, there was sikerikon - the law of sikerikon was in force in Judea. How so - what was the law of sikerikon? If one - an Israelite, bought - a field - from a sikerikon and then bought it - the field - again from the owner - of the field, his purchase is void - for the owner only sold the field to the Israelite because of his fear of the sikerikon, and did not intend to give him title to the field, but rather thought, "let him take it now, and tomorrow I will sue and recover my field." However, if he initially purchased the field from the owner - and then bought it from the sikerikon - He paid the sikerikon also to insure possession of the field - his purchase is valid - and the owner of the field cannot dispute it.

The same applies to one who purchased land which a husband set aside for his wife's ketubah: If one purchased - a field - from a man - a husband, and then purchased from his wife - even if with a special bill of sale (Hameiri), his purchase is void - because the wife can say, "I only agreed to the sale to please my husband, but not willingly. However, if he purchased - from the wife - first, and then from the husband - his purchase is valid - since she cannot allege, "I did it to please my husband," and when she agreed to sell, she did so willingly. This - the above taught, "If one bought from a sikerikon and then bought it again from the owner - his purchase is void," is the first mishnah - of the early Tannaim; but - a later Court decreed that if one purchases from a sikerikon he gives the owner one quarter - of the value of the field. The Gemara explains, "One fourth of the land, which is one third of the money," e.g., if he purchased the field from the sikerikon for 300 zuz, he gives the owner 100 zuz, for the Sages assessed that the sikerikon reduced the selling price of the field by a quarter, and since he profited, the purchaser gives the owner a quarter of the field's value which is a third of the sum paid to the sikerikon, and acquires the field. However, if the owner prefers, he can request a quarter of the field instead of money.

When - can the purchaser acquire the field with the payment of one quarter of its value to the owner? When he - the owner, does not have the means to buy -the field. But if he has the means to buy, he has the first option, i.e., if the purchaser (who bought the field from the sikerikon) offers the owner one quarter of the field's value in order to gain title to the field, the owner can propose the reimbursement of the money paid to the sikerikon, and the reacquisition of the field.

Rabbi - Rabbi Yehudah HaNasi, convened a Court - to deliberate on this matter, and they decided by vote - laying down the law, that if it - the field, remained in the possession of the sikerikon for twelve months - whoever purchases first - the field from the sikerikon, acquires - it, but he gives the owner one quarter - as explained above; this was enacted so that lands should not remain in the hands of the Gentiles.

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