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גיטין טז - מקורות נלווים

הַנִּצּוֹק וְהַקְּטַפְרֵס וּמַשְׁקֶה טוֹפֵחַ, אֵינָן חִבּוּר לֹא לַטֻּמְאָה וְלֹא לַטָּהֳרָה. וְהָאֶשְׁבֹּרֶן, חִבּוּר לַטֻּמְאָה וְלַטָּהֳרָה:

If a stick is completely covered with unclean liquid, as soon as it has touched the [water in the] mikveh, it becomes clean, the words of Rabbi Joshua. But the sages say: only when the whole of it is immersed. A flow from one vessel to the other or a slope of dripping moisture does not serve as a connective either for uncleanness or for cleanness. A pool of water serves as a connective in respect both of uncleanness and cleanness.
קָטָפְרֵיס, קָטָפְרֵס m. (καταφέρης) sloping downward; gutter (= h. מדרון). Ohol. III, 3 אם היה מקומו קטפריס ed. Dehr. (ed. רס …) if the place whereon he stood was sloping. Ib. והיא ק׳ Mish. ed. (Bab. ed. והק׳, corr. acc.) and it (the sill) is sloping. Toh. VIII, 8; sq. Gitt. 78ᵇ היתה ידה … כק׳ if she held her hand (to receive the letter of divorce) like a gutter (sloping downward). Y. Erub. VIII, end, 25ᵇ כד הוות ק׳ מבפנים (not היה בר קטיפרס) when the trough slopes inward; a. e.—Pl. קָטָפְרִיסוֹת. Y. Shek. VI, 50ᵃ top מי ק׳ הן וכ׳ (not קטיפ׳) they are gutter waters (and therefore) unfit for &c.
קָטָפְרֵיס, קָטָפְרֵס m. (καταφέρης) sloping downward; gutter (= h. מדרון). Ohol. III, 3 אם היה מקומו קטפריס ed. Dehr. (ed. רס …) if the place whereon he stood was sloping. Ib. והיא ק׳ Mish. ed. (Bab. ed. והק׳, corr. acc.) and it (the sill) is sloping. Toh. VIII, 8; sq. Gitt. 78ᵇ היתה ידה … כק׳ if she held her hand (to receive the letter of divorce) like a gutter (sloping downward). Y. Erub. VIII, end, 25ᵇ כד הוות ק׳ מבפנים (not היה בר קטיפרס) when the trough slopes inward; a. e.—Pl. קָטָפְרִיסוֹת. Y. Shek. VI, 50ᵃ top מי ק׳ הן וכ׳ (not קטיפ׳) they are gutter waters (and therefore) unfit for &c.
מגילת מקצת מעשי התורה, חלק ב, שורות 55-57, על פי 4Q394.8, מתוך "מאגרים" של האקדמיה ללשון עברית
אֵלּוּ פוֹסְלִים אֶת הַתְּרוּמָה. הָאוֹכֵל אֹכֶל רִאשׁוֹן, וְהָאוֹכֵל אֹכֶל שֵׁנִי, וְהַשּׁוֹתֶה מַשְׁקִין טְמֵאִין, וְהַבָּא רֹאשׁוֹ וְרֻבּוֹ בְּמַיִם שְׁאוּבִין, וְטָהוֹר שֶׁנָּפְלוּ עַל רֹאשׁוֹ וְעַל רֻבּוֹ שְׁלשָׁה לֻגִּין מַיִם שְׁאוּבִין, וְהַסֵּפֶר, וְהַיָּדַיִם, וּטְבוּל יוֹם, וְהָאֳכָלִים וְהַכֵּלִים שֶׁנִּטְמְאוּ בְמַשְׁקִים:
The following disqualify terumah:One who eats foods with first degree uncleanness; Or one who eats food with second degree uncleanness; And who drinks unclean liquids. And the one who has immersed his head and the greater part of him in drawn water; And a clean person upon whose head and greater part of him there fell three logs of drawn water; And a scroll [of Holy Scriptures], And [unwashed] hands; And one that has had immersion that same day; And foods and vessels which have become defiled by liquids.
רִבִּי בָּא בְשֵׁם רַב רִבִּי זְעִירָא בְשֵׁם אַבָּא בַּר חָנָה. שְׁנַיִם שֶׁהֵבִיאוּ אֶת הַגֵּט אֵינוֹ צָרִיךְ לוֹמַר. בְּפָנֵינוּ נִכְתַּב וּבְפָנֵינוּ נֶחְתַּם. רִבִּי יוֹסֵי בֶּן יוֹסֵי בְשֵׁם רִבִּי יוֹחָנָן. צָרִיךְ.
A case came before Rebbi Joshua ben Levi. He said to him, it is unnecessary. The opinion of Rebbi Joshua ben Levi seems inverted. There, Rebbi Joshua ben Levi said, there is a difference because they are not conversant with the fine points of bills of divorce, but here, he says so? The colleagues in the name of Rebbi Joshua ben Levi: What you said was in earlier times when no Fellows were found outside the Land, but now that there are Fellows found outside the Land, they are competent. But did we not state, “and one who brings there”? And even if you say that no Fellows are found outside the Land, are we not found in the Land of Israel? In order not to make a distinction in the bills of divorce from outside the Land. But then one who brings from overseas should not have to say: “It was written before me and signed before me.” Not to make a distinction in the bills of divorce in the Land of Israel. What about it? One is restrictive in a simple case because of the complicated one and one is not permissive in the complicated because of the easy one. Rebbi Jacob bar Aḥa in the name of Rebbi Simeon bar Abba: This of Rebbi Joshua ben Levi, if it was done. But from the start even Rebbi Joshua ben Levi agrees. Rebbi Abba in the name of Rav, Rebbi Ze‘ira in the name of Abba bar Ḥana: Two who brought a bill of divorce do not have to declare: It was written before us and signed before us. Rebbi Yose ben Yose in the name of Rebbi Joḥanan: They have to. He himself who brought the bill of divorce does not have to deliver the bill in the presence of two [witnesses] in order to declare her a divorcee in the presence of two. “If he gave her the bill, took it from her, and threw it into the sea or into a river. If later he says to her that it was an empty papyrus or a paid bond, he cannot be believed to disqualify her.” Rebbi Abun bar Ḥiyya asked before Rebbi Ze‘ira: If he cannot disqualify her, who can? He said to him, since she was declared a divorcee in the presence of two [witnesses], he cannot be believed to disqualify her. If he gave her a bill of divorce which was found to be invalid, they forced him to give her a replacement. This case came before the rabbis and they declared it valid. Did we not say, he cannot be believed to disqualify her? There, the flaw was not proved; here the flaw was proved. As the following: Ḥinena, the son of Rebbi Asi, was a medical doctor and threw a bill of divorce to his wife. She cried. Her neighbor came, grabbed it from her, and gave her an empty papyrus. The case came before the rabbis and they took it into account. But did not Rebbi Yasa say in Rebbi Joḥanan’s name: If the designation was checked and found to be based on [the testimony of] women or children, the designation is invalid? There, the designation was not mentioned. But here the name “bill of divorce” was mentioned. And some want to say, if he asserted that it was a valid bill of divorce, but she cried, her neighbor came, grabbed it from her, and gave her an empty papyrus.

אָמַר רִבִּי אִמִּי: מַה פְלִיגִין? בְּיוֹצֵא מִתַּחַת יָדוֹ, אֲבָל בְּיוֹצֵא מִתַּחַת יְדֵי אַחֵר אַף רַבָּנִן מוֹדוֹי שֶׁהוּא כָשֵׁר.

רִבִּי חְנַנְיָה דְּרִבִּי אִמִּי אָמַר רִבִּי זְעִירָא: מַה פְלִיגִין? בְּיוֹצֵא מִתַּחַת יְדֵי אַחֵר, אֲבָל בְּיוֹצֵא מִתַּחַת יָדוֹ אַף רִבִּי יְהוּדָה מוֹדֶה שֶׁהוּא פָסוּל.

מָתִיב רִבִּי זְעִירָא לְרִבִּי אִימִּי: אִם בְּיוֹצֵא מִתַּחַת יְדֵי אַחֵר רִבִּי יוּדָה מַכְשִׁיר אֲפִילוּ בְּקַמַּייתָא?!

אַייְתֵי רִבִּי אִמִּי לְרִבִּי יוֹנָה חֲמוֹי וְתַנָּה לֵיהּ: אֶחָד אוֹמֵר בְּפָנַיי נִכְתַּב וּבְפָנַיי נֶחְתַּם - פָּסוּל, רִבִּי יוּדָן מַכְשִׁיר.

אָמַר רִבִּי אָבִין: לִישָׁן מַתְנִיתָא מְסַייְעָא לְרִבִּי זְעִירָא, בְּזֶה רִבִּי יוּדָן מַכְשִׁיר.

וְקַשְׁיָא עַל דְּרִבִּי זְעִירָא: אִם בְּיוֹצֵא מִתַּחַת יְדֵי אַחֵר כְּהָדָא לֹא עָשׂוּ אוֹתוֹ כִשְׁנַיִם, אֵימָתַי עָשׂוּ אוֹתוֹ כִשְׁנַיִם? בִּזְמַן שֶׁהוּא מֵעִיד עַל הַכְּתִיבָה וְעַל הַחֲתִימָה.

רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן: וּבְיוֹצֵא מִתַּחַת יָדוֹ.

וַהֲוָה רִבִּי זְעִירָא מִסְתַּכֵּל בֵּיהּ.

אָמַר לֵיהּ: לָמָּה אַתְּ מִסְתַּכֵּל בִּי? וַאֲפִילוּ יוֹצֵא מִתַּחַת יְדֵי אַחֵר.

אַתְייָא דְּרִבִּי יוֹסֵי כְּרִבִּי אִימִּי עַד לֹא יַחְזוֹר בֵּיהּ.

אָמַר רִבִּי מָנָא: אֲפִילוּ מִן דְּחָזַר בֵּיהּ אַתְייָא הִיא שַׁנְייָה הִיא כְּתִיבָה בִשְׁנַיִם וַחֲתִימָה בִשְׁנַיִם. חֲתִימָה בִשְׁנַיִם כּוֹחָהּ מְיוּפָּה וּכְתִיבָה בִשְׁנַיִם אֵין כּוֹחָהּ מְיוּפָּה.

If there were four signatures and he said, “it was written and signed by two witnesses before me; I do not know anything about the other two.” That is the disagreement of Rebbi Joḥanan and Rebbi Simeon ben Laqish, who disagreed: If he said to ten people, sign the bill of divorce, and some signed on that day and some the next day. Rebbi Simeon ben Laqish said, it is valid, for the remainder are only because of the condition. Rebbi Joḥanan said it is invalid unless all sign on the same day. Rebbi Immi said, where do they disagree? If the document is presented by him personally. But if it is presented by another person, even the rabbis will agree that it is valid. Rebbi Ḥananiah agrees with Rebbi Immi. Rebbi Ze‘ira said, where do they disagree? If the document is presented by another person. But if it is presented by him personally, even Rebbi Jehudah will agree that it is invalid. Rebbi Ze‘ira objected to Rebbi Immi: If the document is presented by him personally, does Rebbi Jehudah declare it valid even in the first case? Rebbi Immi brought his father-in-law Rebbi Jonah who stated for him: If one said “it was written before me” and another “it was signed before me”, it is invalid, but Rebbi Jehudah declares it valid. Rebbi Abin said, the formulation of a baraita supports Rebbi Ze‘ira: In that case, Rebbi Jehudah declares it valid. But it is difficult following Rebbi Ze‘ira: If the document is presented by another person, that is when they do not treat the messenger as two. When do they treat him as two? When he testifies to both writing and signing. Rebbi Yasa said in the name of Rebbi Joḥanan: If it is presented by him personally. Rebbi Ze‘ira was looking at him. He asked, why are you looking at me? Even if it is presented by another person. It meansthat Rebbi Yasa before he changed his mind followed Rebbi Immi. Rebbi Mana said, even after he changed his mind it can be explained following him. There is a difference between two witnesses to the writing and two witnesses to the signing. Signing before two [witnesses] is empowered, writing before two is not empowered.
לקריאה נוספת:
יאיר פורסטנברג, טהרה וקהילה בעת העתיקה: מסורות ההלכה בין יהדות בית שני למשנה, ירושלים: מאגנס, תשע"ו, עמ' 155-138.
Richard Kalmin, Jewish Babylonia between Persia and Roman Palestine: Decoding the Literary Record, Oxford University Press, 2006, ch. 6:
"According to the discussion above, therefore, it is difficult to use b. Gittin 16b–17a as support for the modern scholarly claim that the third century CE marked a pivotal turning point in Persian‐Jewish relations, and that Babylonian rabbis played a pivotal role in formulating the Jewish community's response to the new dynasty. The modern scholarly use of this passage is based on the acceptance as historical evidence of argumentation by the Talmud's anonymous editors, despite the generally ahistorical nature of the editors' concerns".
Jason S. Mokhtarian, Rabbis, Sorcerers, Kings, and Priests: The Culture of the Talmud in Ancient Iran, University of California Press, 2015, pp. 95-99.
שינויי נוסח:
ע"ב, "אמר ליה אביי": כך הוא בכל כה"י בשתי הפעמים. ברי"ף וברא"ש: "אמר ליה רב אסי".