Wednesday, December 30, 2015

Gittin 17 – When Rabba bar bar Channa got sick

When Rabba bar bar Channa got sick, the Sages came to visit him and, while there, asked a question: "If two messengers brought a Get, do they still need to say that it was written and signed in front of them?" He said, "No, they don't." He then presented a new argument: "If they testified that the husband divorced her, they would be believed, no? So we should believe them that the Get is valid."

Meanwhile, a Persian follower of the cult of "Chabar" came and extinguished their candles because, at the time of the "Chabar" holidays, the light was allowed only in their temples of idol worship. Rabba bar bar Channa said, "God, either protect us here or exile us to the Roman empire, for at least they come from Esau!" But we learned that Persia was better!? – Yes, it was before the "Chabar" people came.

A divorce document (Get) must have a date in it. Therefore, if they started writing it in the afternoon, but by the time the witnesses got to signing, it was night – it is already another day, the Get is invalid and must be rewritten. On the other hand, if they started at night, they can sign it the next morning because it is still the same calendar day.

And why do they require a date in the Get? – A man is allowed to marry his sister's daughter. In fact, there were times when this was commendable. Since he marries his niece, he may exhibit avuncular behavior. For example, to protect her in case she is unfaithful to him, he may give her a Get without a date. Now if she is ever caught being unfaithful, she can bring the Get to court and claim that she was already divorced at the time of unfaithfulness. Others say that this is rare and that the date on the Get is needed to support monetary claims.

Art: Uncle Fred by James Jacques Joseph Tissot

Sunday, December 27, 2015

Gittin 13 – Is there divorce after death?

If a man says, "Give a divorce (Get) to my wife," and then dies, they should not give her a Get any longer. Why? When the husband dies, the wife is free. Because of that, divorce after death does not make sense.

A parallel situation is the Get of a slave: if the master dies and nobody inherits the slave, he is free by himself, and giving him a Get now is meaningless. And if someone does inherit, then this slave is no longer in the domain of the dead man to give him freedom.

However, if one says, "Give a hundred zuz ($5,000) to a certain person," and then he dies, the heirs are obligated to give the money to the named recipient. This is not obvious at all. There was no act of acquisition, "Give him money" are just words. Once the man dies, normal inheritance laws should take effect, meaning that his estate goes to his closest relatives. Therefore, Rav wanted to say that perhaps this is only talking about money on the shelf, which had previously been given as a deposit, or that the man who said these words was dying. In that special case, the money is considered already given; otherwise, the dying person would die even sooner.

However, the law is correct in all cases, and they do fulfill the will of the deceased.

Art: The Money Changers by Christian Van Donck

Thursday, December 24, 2015

Gittin 11 – Is it good to be divorced?

A man does not have to personally deliver the divorce (Get) to his wife; he can appoint a messenger. If, while the messenger is on his way, the husband changes his mind, the Get becomes invalid, and the divorce does not happen. Thus, the husband can change his mind while the messenger is en route.

Why don't we say it is good for the wife to become free, and therefore the messenger should acquire the Get on her behalf immediately, thus affecting the divorce? – That is because a divorce has certain disadvantages: the husband is no longer obligated to provide his wife with sustenance. The rule is that if something is unquestionably good, the messenger can acquire it on behalf of a receiving person, but not if there are minuses in such acquisition.

However, when the master sends an emancipation letter (also called Get) to his slave, he cannot change his mind. Freedom is unquestionably good, and the minute the messenger receives the Get, he acquires it for the slave, who now goes free – this is the opinion of the Sages. Rabbi Meir disagrees about the slave: his freedom has this drawback the master won't feed him. And the Sages? – They say that the master is allowed to stop feeding his slaves anyway. This may not be wise and is not sustainable, but since the master has this right, the slave actually loses nothing when he becomes free.

Rabbi Meir told the Sages, "But if he is a slave of Kohen, he loses the right to eat the Kohen's portion. So that is a disadvantage!" To this, the Sages replied, "He loses it not because he is free, but because he is no longer the acquisition of a Kohen. So he loses nothing - therefore, let him be free; the master cannot change his mind."

However, what about the slave of a regular Jew, not a Kohen? What does he lose by getting freedom? - He gains by being able to marry a Jewess!! - No, he loses the availability of female slaves, who are cheap to get, available and permissive.

Art: The Freedom Ring by Eastman Johnson

Tuesday, December 22, 2015

Gittin 9 – Letter of freedom

A divorce document (Get) is essentially a letter of freedom for the woman, who can now marry anyone she wants. In the same way, a Get can be given to a slave, and it will be a letter of his emancipation, reading "You are free" or "You belong to yourself."

The similarity goes further: a woman can bring her own Get to court, and they will use it to effect a divorce, as long as she can tell them it was written and signed before her. So too, can do the slave.

However, if in the Get, the master says to the slave, "You and all my possessions are yours," - he indeed goes free because it is similar to a Get of a woman, but the second part, "all my possessions are yours," does not take effect because, for any monetary transaction, one needs two witnesses. There are two clauses in this Get, and they work differently.

What happens if the Get says, "You acquire all my possessions." Since "all my possessions" includes the slave, he acquires himself and becomes free, and in the same step, acquires all the possessions as well. At least, this is what Abaye opined.

Rava disagreed. Since the slave did not have two witnesses, he did not acquire the possessions. And since he did not acquire the possessions, he did not acquire himself and is thus still a slave. Rava later changed his mind but still divided the single statement "You acquire all my possessions" into two. This is called severability, but here it is applied to one sentence! They continued to argue about this principle.

Art: The Hour of Emancipation by William Tolman Carlton

Monday, December 21, 2015

Gittin 8 – What is the difference between a ship and a flower pot?

We saw that a messenger bringing a divorce document (Get) from outside of Israel must confirm that he saw it being written and signed. The Talmud also discusses which neighboring cities and areas are still considered the Land of Israel for this purpose and which are not. Would writing a Get on a ship close to Israel be regarded the same as on land?

Finally, is a ship the same as a flower pot? We mean the laws of tithes. Anything that grows on a ship does not directly draw sustenance from the Land of Israel, and anything that grows in a hanging pot does not do this either, so at first glance, they should be the same. But perhaps this is not so: a ship constantly moves and thus cannot be considered connected to the ground, but a stable pot can. Or the opposite is true: the air divides between the pot and the earth, so the pot does not draw sustenance from the earth and is not liable to tithes, but a ship is in the water, which can be considered as a continuation of the water bed, and so maybe it is liable to tithes.

Art: Ships Close Inshore at Low Tide by Willem van de, the Younger Velde

Sunday, December 20, 2015

Gittin 7 – To fight the bad or not to fight

One should never be too assertive with the members of his household; if he is, they will lie to him out of fear and lead him to multiple sins. For example, Rabbi Chanina ben Gamliel used to put fear into his servants, and they fed him a prohibited thing. What happened? A part of a properly slaughtered animal was lost, and they substituted it with another cut from a live animal.

But is it possible that a righteous Rabbi Chanina would eat anything not kosher? God watches even over the animals of the righteous, like in the story where a donkey would not eat food from which tithe was not separated; how much more so over the righteous themselves? – True, they wanted to feed him a prohibited item, but something prevented this.

Mar Ukva sent a question to Rabbi Elazar, "There are bad people who hurt me, and I can give them away to the government, should I?" Rabbi Elazar took out a piece of parchment, made lines for writing, and wrote, "Let me not do wrong with my mouth with an evil person is in front of me." Mar Ukva replied, "But they are torturing me!" Rabbi Elazar then wrote, "Be silent unto God, and the enemies will disappear." Rabbi Elazar's words took effect right away, and the enemies of Mar Ukva were led away in chains.

The Talmud then discusses why, according to Mar Ukva, a meal can be accompanied by joyous music only if it is a meal connected to a mitzvah, as well as other signs of diminished joy, decreed after the destruction of the Temple.

Art: Wedding Dance by Pieter Brueghel the Younger

Wednesday, December 16, 2015

Gittin 3 – Why did we believe the messenger?

Earlier, we said that a husband can divorce his wife through a messenger. As long as the messenger (who comes from overseas) brings the divorce document (Get) and states that he saw it being written and signed, the divorce can proceed.

But why do we believe the messenger at all? After all, we have a rule that there should always be two witnesses. And if you tell me that this messenger testifies to the fact of a woman being divorced and that here one witness is enough, just as we believe anybody when he says that the food he or she prepared is kosher, then I will answer that this is not the same. About kosher food, I have no prior knowledge, but the woman was known to be married, and now he is testifying to a change of status, an event, and two witnesses should be needed.

So then, how do we believe one messenger? – The answer is that the Sages established this so that it would be easier for a woman to get a divorce and to re-marry. But you might have another problem: in the absence of two witnesses, the husband may later claim that the Get was forged. – That is exactly the point: since the messenger knows that he will have to testify in court that he saw the Get being written and signed, he will make sure that it is completely proper. If the husband later protests, people will believe the messenger and not the husband.

Art: The Messenger by Johannes Verkolje

Tuesday, December 15, 2015

Gittin 2 – A messenger of divorce

To divorce his wife, the husband must write her a document of divorce, called Get, and give it to her. He can even appoint a messenger to bring and give her the Get.

In case he appoints a messenger, and this messenger comes from overseas, there is an additional requirement for him. He has to verify that he saw the Get written by the scribe and signed by the witnesses. Why this requirement? – People outside of Israel were not experts in divorce laws and might have missed a critical condition: that the Get is written for the specific woman the husband wants to divorce. It cannot, therefore, be written in advance, nor can a printed form be used. So if the scribe or the witnesses miss this, the Get would be invalid, even though the document would look OK, and this could create a problem later on. This is the opinion of Rabbah.

However, Rabbah's student, Rava, said that the reason is different: people who live overseas stay overseas, and should the husband protest the Get and claim that it is forged, it would be hard to find these witnesses and make them testify in court. Thus, the husband could nullify the Get, which could also create a problem.

What does it matter what the reason is if the messenger has to say these words, "written and signed in front of me" anyway? – For example, if two messengers came. The reason Rava – that they can't find two witnesses would not apply any longer, so they don't need to make the statement. But the logic of Rabbah – that they may not write the document specifically for her – would still apply, and accordingly they would have to talk about how it was written and signed.

Art: Still Life with Documents by John Turing

Sotah 49 – Losses

After the Temple was destroyed, people of faith disappeared, and only people of small faith remained. And who are these? – Those who have what to eat for today and worry about tomorrow. Honesty, authentic learning, and filial piety were gone. On whom are we to rely? Only on God.

When Rabbi Chanina ben Dosa died, there were no more people of good deeds, and after Rabbi Akiva,  there were no more supporters of the Torah, and the wells of wisdom were closed.

After Rabbi Yehudah the Prince died, there was no more humility and fear of sin. However, when this teaching was recited in his academy, Rav Yosef corrected the students and told them that there was still genuine humility because he was there. Similarly, Rav Nachman said to take out “no fear of sin” since he was yet alive.

Art: Filial Piety by Jean Baptiste Greuze

Sunday, December 13, 2015

Sotah 44 – What is there to be afraid of?

We mentioned that there was a special one among the exclusions from military service: if someone is afraid of war and cannot face danger, he should go back. Some people are soft-hearted, and they may lead the army to lose its morale, contributing to defeat. This is the opinion of Rabbi Akiva.

Rabbi Yosi HaGlili says he is "afraid and fainthearted" because of his transgressions. For example, he may have spoken between putting on the head and arm tefillin. Or he spoke between the second part of morning prayer (Yishtabach) and the third one – the blessing of Shema. This category is then placed at the end so the transgressors won't be embarrassed, and people may think they claim other exemptions.

After that, the army should be steadfast. Strong soldiers are put in front so that if any of their brothers fall, they help him stand up. Strong soldiers are also placed in the back: if anyone wants to run away, they have authority and axes to stop him – because running away is the beginning of defeat, just as it happened when the Israelites first ran away from Plishtim and then were defeated.

As mentioned before, in times of national danger, the exemptions do not apply, but everyone goes to war, even a groom from his room and the bride from her chuppah.

Art: The Soldier's Return by Girolamo Induno

Wednesday, December 9, 2015

Sotah 43 - Exclusions from military service

After the Kohen at war has spoken the words we discussed, it is the turn of army leaders to list exceptions. Anyone who built a new house but has not lived there should return. This applies to buying a home, not only to building it, and the type of house can also be a barn, woodshed, or any other livable structure.

Anyone who planted a vineyard and has not used it (this includes three years of it being "orlah" and the fourth year after that) - goes back. And anyone who has engaged to a woman but did not get married to her - goes back to his wife and spends a year with her. Finally, anyone who is scared also goes back. He may feel that he did something wrong, and therefore he does not have the merit to win in war. Other reasons are mentioned first so that people who are afraid do not have to be humiliated by admitting it.

However, these exceptions apply only to voluntary wars that Sanhedrin approves for national reasons. If enemies wage war against Israel with the intent to harm, it is a mitzvah for everyone to participate.


Art: The Engagement Ring by John Shirley Fox

Tuesday, December 8, 2015

Sotah 42 – Kohen at war

A Kohen is appointed and anointed to go to war with the army. When the army approaches the enemy, he talks to the soldiers and says the following words, speaking in Hebrew. How do we know that he is talking in Hebrew? Because of the term, "he will say (vediber)." The same word describes Moses, "and Moses said, and God replied with a voice." Since Moses spoke to God in Hebrew, the Kohen at war also spoke in Hebrew.

He says, "Listen, Israel (Shema, Israel!), you are approaching an enemy." He uses the word "enemy" to emphasize that if Jews were fighting against Jews, as it happened between the tribes at times, they could expect the victors to be merciful with the captives. He then quotes historical episodes to prove the point. However, with enemies, it is not like that; they will not pity you. This understanding caused them to fight with all their might.

"They come against you with human might, as Goliath. You, however, will win, like David did, because your God is walking with you."

Rabbi Shimon bar Yochai said, "Why is God walking with them? – because they say the 'Shema' prayer, just like the Kohen at war mentioned. From here, we see that if only all Israel said 'Shema' in the evening and in the morning, they would never fall into the hands of the enemies."

Art: David Beheading Goliath by Michiel van Coxie

Sunday, December 6, 2015

Sotah 40 – The humility of Rabbi Abbahu

While the Kohanim bless the people, the people recite phrases that support and explain those blessings. Why? Is there a servant who will remain silent and not express his appreciation while being blessed by his master?

An opposite point of view: people should be silent. Is there a servant who will keep talking while he is being blessed instead of listening?

Rabbi Abbahu said, "Initially, I used to say these phrases during the blessing of the Kohanim. But once I saw Rabbi Abba from Akko being silent, I also stopped talking." Rabbi Abbahu continued, "I thought that I had real humility. But once I observed the following behavior of Rabbi Abba. He was delivering a lecture to a large audience, and his helper – whose task was to repeat the lesson in a loud voice and explain it – was giving different explanations for the same points as Rabbi Abba mentioned. Nevertheless, Rabbi Abba said nothing to him! Compared to him, I do not have humility."

Then why did Rabbi Abbahu think initially that he had humility? Because of the following incident. Rabbi Abbahu also had a helper to loudly repeat and explain his lectures. The helper's wife told the wife of Rabbi Abbahu that her husband (the helper) had as much knowledge as Rabbi Abbahu, and he showed obeisance just to be polite. The wife of Rabbi Abbahu took affront, but Rabbi Abbahu told her, "It does not matter! Between the two of us, we ensure the people learn Torah."

Art: A humble question by Herman Frederik Carel ten Kate

Thursday, December 3, 2015

Sotah 38 – How to bless

Every day the Kohanim (Priests) should bless the people and say to them, "May God bless you and keep watch over you. May God make His presence enlighten you and grant you grace. May God direct His providence toward you and grant you peace."

They say these three phrases outside the Temple, and the people answer "Amen" to each one. They also say the Name of God not as written, but using a changed form called "Adnut" and denoting ruler or master.

In the Temple, they said the blessing as one long phrase, without an interruption for "Amen." In the Temple, people, as a rule, did not say Amen, but responded with a longer term; here, this phrase would interrupt the blessing. Moreover, in the Temple, the Priests pronounced the Name of God as it is written, in the form that implies "was, is, and will be." The exact pronunciation of it is not known today.

Art: Jacob Blessing the Children of Joseph by Rembrandt Van Rijn

Wednesday, December 2, 2015

Sotah 36 – Why to learn languages

The words that the Kohen says to a suspected wife can be expressed in any language because the procedure is described as "And the Kohen will say to the women," – which means that any language in which he says it is good.

By contrast, the blessings and the curses that the Jews pronounced before entering Israel, on the mounts Eival and Grizim, had to be said in Hebrew because these it is described as "And they will answer and say" – and the same words ("answer and say") are used when doing chalitzah, which has to be done exactly as written, in Hebrew.

The Talmud then describes how the blessing and curses were pronounced, what else happened on the day when the Jews crossed the Jordan River and entered the Land of Israel, and about the Torah, which had to be written on stones in seventy languages, in precise translations, for everyone to know.

It then turns to Joseph, who knew seventy languages, as mentioned in the story of his appointment to be viceroy. He was given a test by Pharaoh, and he replied in every language that Pharaoh spoke. But how did he learn all of them? – Angel Gabriel visited him the night before and taught them. Joseph would go up one step on the way to Pharaoh's throne with each language. In the last step, he spoke in Hebrew, and Pharaoh could not answer. Pharaoh made Joseph give an oath not to reveal this.

Art: Joseph in the Pharaoh's Palace by Jacopo (Giacomo) Amigoni