Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : Take an item from her and then give her the bill of divorce, and he went and gave her the bill of divorce and then took the item from her. Rabbi Yoḥanan invalidates the bill of divorce even when given by the first agent, as he deviated from the husband’s instructions, and his agency is canceled, and all the more so does Rabbi Yoḥanan invalidate the bill of divorce when delivered by the first agent’s agent. And Reish Lakish deems the bill of divorce valid when it is delivered by the first agent’s agent, and all the more so when it is delivered by the first agent himself.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: With regard to an agent who is bringing a bill of divorce from a country overseas, who must attest to the fact that he witnessed the writing and signing of the bill of divorce, and he became sick and cannot complete his agency, he appoints another agent in court and sends him. And the first agent says before the court: It was written in my presence and it was signed in my presence, and on the basis of this the court deems the bill of divorce to be valid. And the final agent does not need to say: It was written in my presence and it was signed in my presence. Rather, it is sufficient that he says: I am an agent of the court.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: The Sages said to Avimei, son of Rabbi Abbahu: Raise the following dilemma before your father, Rabbi Abbahu: Can an agent of the first agent also appoint another agent, or not? He said to them: You should not raise this dilemma. From the fact that the mishna teaches: The final agent does not need to say, as opposed to: The second agent does not need to say, it can be seen by inference that the second agent can appoint an agent, resulting in the existence of a final agent, not just a second agent.

Traduction française en préparation — version anglaise (Steinsaltz) : Rather, when you raise the dilemma, this is what you should ask: When the second agent appoints another agent, does he need to appoint him specifically in court, or can he do so even while not in court? They said to him: We do not raise this dilemma, as from the fact that it teaches: Rather, he says: I am an agent of the court, it is clear that any agent in this role must be appointed in court.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara cites another version of the discussion. Rav Naḥman bar Yitzḥak would teach like this: The Sages said to Avimei, son of Rabbi Abbahu: Raise the following dilemma before your father, Rabbi Abbahu: When the agent of the first agent appoints another agent, does he need to appoint him specifically in court, or can he do so even while not in court?

Traduction française en préparation — version anglaise (Steinsaltz) : He said to them: And you should raise the dilemma as to whether generally the agent of the first agent can appoint another agent. They said to him: We do not raise this dilemma, as we learned in the mishna: The final agent does not need to say, and by inference it can be seen that the second agent can appoint an agent. Rather, when the dilemma was raised to us, it was with respect to whether this must take place in court, or if it can take place while not in court. He said to them: You should also not raise this dilemma, as the mishna teaches: Rather, he says: I am an agent of the court, which shows that the subsequent appointments must take place in court.

Traduction française en préparation — version anglaise (Steinsaltz) : § Rabba says: An agent in Eretz Yisrael can appoint several agents, i.e., he can appoint an agent, and the second agent can appoint another agent in his place. All of this can take place outside of court, because when a bill of divorce is sent within Eretz Yisrael there is no need to testify that it was written and signed in the agent’s presence. Rav Ashi says: If the first agent died, then they are all canceled, as all the agents act on the basis of the first agent. With his death, the agency is canceled.

Traduction française en préparation — version anglaise (Steinsaltz) : Mar bar Rav Ashi said: This statement of my father is from the time of his youth, and it is not correct, as, if the husband dies, even if all of the agents are alive, is there is any significance to any of them? All of them, from whose authority do they come to deliver the bill of divorce? They come from the husband’s authority. Therefore, if the husband is alive, then they are all able to act as agents; if the husband is not alive, then they are all not agents. The status of the agents is dependent on the husband, not on the first agent.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara relates: There was an incident involving a certain man who sent a bill of divorce to his wife with an agent. The agent said: I do not know her. The husband said to him: Go give the bill of divorce to Abba bar Minyumi, as he knows her, and he will go and give it to her. The agent came and did not find Abba bar Minyumi, and he did not know what to do. He found Rabbi Abbahu and Rabbi Ḥanina bar Pappa and Rabbi Yitzḥak Nappaḥa, and Rav Safra was sitting among them. The agent asked them what he should do. The first three Sages said to him: Transfer your words, i.e., your agency, before us, as when Abba bar Minyumi comes, we will give the bill of divorce to him, and he will go and give it to her.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Safra said to them: But isn’t he an agent who is not granted the ability to effect divorce, as he was given only the authority to transfer the bill of divorce to Abba bar Minyumi? Therefore, he cannot transfer the agency to another person. These Sages were embarrassed that they ruled improperly.

Traduction française en préparation — version anglaise (Steinsaltz) : Rava said: Rav Safra struck [kappeḥinhu] a blow to three ordained Sages, as although he was from Babylonia and not ordained, he was correct. Rav Ashi said: With what did he strike them? He did not conclusively refute their opinion, as, did the husband say to the agent: Abba bar Minyumi should deliver the bill of divorce and not you? Rather, he appointed this agent to deliver the bill of divorce, and added that if he cannot find the wife, then he can transfer the bill of divorce to Abba bar Minyumi.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara cites another version of the discussion: There are those who say that Rava said: Rav Safra struck three ordained Sages mistakenly. Rav Ashi questioned Rava and said: What was the mistake? After all, what did the husband say to the agent? He said that Abba bar Minyumi should give his wife the bill of divorce, meaning that he and not you should give it, and Rav Safra’s ruling was correct.