Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : I was present for the counting of the vote in the court set up in the school of Rabbi Yehuda HaNasi when they established this ordinance, and they would start with me first, asking for my opinion on the matter, although I was the youngest member of the court.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But didn’t we learn in the mishna (Sanhedrin 32a): In cases of monetary law and in cases involving ritual purities and impurities, the judges begin their deliberations with the opinion of the most learned member sitting on the bench, as a demonstration of honor to him. But in cases of capital law, they begin their deliberations with the opinion of the youngest member who sits on one of the side benches of the court, lest the junior members be unduly influenced by the opinion of their elders, and people come to be wrongfully executed as a result. The matter involving Rav was not a capital case. Why did they begin their deliberations with Rav, who was certainly not the most learned member of the court, as that designation clearly belonged to Rabbi Yehuda HaNasi?

Traduction française en préparation — version anglaise (Steinsaltz) : And Rabba, son of Rava, says, and some say that it was Rabbi Hillel, son of Rabbi Volas, who says: The counting of the vote in the court in the school of Rabbi Yehuda HaNasi was different, as all of their deliberations and countings of the vote would begin with the junior members sitting on the side. This was because Rabbi Yehuda HaNasi was held in such high esteem that once he expressed his opinion, nobody would be so brazen as to contradict him.

Traduction française en préparation — version anglaise (Steinsaltz) : And apropos of the greatness of Rabbi Yehuda HaNasi, Rabba, son of Rava, says, and some say that it was Rabbi Hillel, son of Rabbi Volas, who says: From the days of Moses and until the days of Rabbi Yehuda HaNasi we do not find unparalleled greatness in Torah knowledge and unparalleled greatness in secular matters, including wealth and high political office, combined in one place, i.e., in a single individual.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But was there not such a person? Wasn’t there Joshua, who was unparalleled in both domains? The Gemara answers: During his day there was Elazar, who was Joshua’s equal in Torah knowledge. The Gemara asks: Wasn’t there Elazar, who outlived Joshua? The Gemara answers: During his day, there was Pinehas, who was Elazar’s equal in Torah knowledge. The Gemara objects: Wasn’t there Pinehas, who outlived Elazar? The Gemara answers: There were the Elders, who were equal to Pinehas in Torah knowledge.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara further objects: Wasn’t there Saul, who was unparalleled in both domains? The Gemara answers: There was Samuel, who was Saul’s equal in Torah knowledge. The Gemara asks: But didn’t Samuel pass away in Saul’s lifetime, leaving Saul the leading figure in both domains? The Gemara answers: We meant to say that from the days of Moses to the days of Rabbi Yehuda HaNasi there was no other single individual who reigned supreme in Torah and greatness for all the years that he was the leader of the Jewish people. The Gemara asks: But wasn’t there David, who was both the greatest Torah authority and the most powerful temporal authority of his day? The Gemara answers: There was Ira the Jairite, who was David’s equal in Torah knowledge.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara objects: But didn’t Ira the Jairite pass away in David’s lifetime? The Gemara answers: In order to qualify for this designation, we require that he be the leading figure in both Torah and high office for all the years that he is the leader of the Jewish people. The Gemara asks: Wasn’t there Solomon, who was unparalleled in both domains? The Gemara answers: During his day there was Shimi ben Gera, who was Solomon’s master in Torah knowledge. The Gemara objects: But didn’t Solomon kill him at the beginning of his reign (see I Kings, chapter 2)? The Gemara answers: We meant to say that from the days of Moses to the days of Rabbi Yehuda HaNasi there was no other single individual who reigned supreme in Torah and greatness all of his years.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara further objects: Wasn’t there Hezekiah, who was both the leading Torah scholar of his age and also the king of his people? The Gemara answers: There was Shebnah in that generation, who was Hezekiah’s equal in Torah knowledge. The Gemara asks: Wasn’t he killed in the war against Sennacherib? The Gemara answers: We meant to say that there was no similar individual who reigned supreme in both Torah and high office all of his years. The Gemara asks: But wasn’t there Ezra, who was the greatest Torah sage of his day and the leader of the Jewish people? The Gemara answers: There was Nehemiah ben Hacaliah who was his equal.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Aḥa, son of Rava, says: I also say something similar, that from the days of Rabbi Yehuda HaNasi and until the days of Rav Ashi, we do not find unparalleled greatness in Torah knowledge and unparalleled greatness in secular matters, including wealth and high political office, combined in one place, i.e., in a single individual. The Gemara asks: But was there not such a person? But wasn’t there Huna bar Natan, who enjoyed both great Torah scholarship and great wealth, who lived during the time of Rav Ashi? The Gemara answers: Huna bar Natan is different, as he himself was subordinate to Rav Ashi, who was his superior in both domains.

Traduction française en préparation — version anglaise (Steinsaltz) : MISHNA: The following enactments were also made for the betterment of the world: A deaf-mute may express his wishes through gestures [romez]; that is to say, he can signal that he wishes to buy or sell a certain item, and the purchase or sale is valid. And similarly he may respond to others through gestures; that is to say, he can signal that he agrees to a transaction initiated by another party, and the transaction is valid. And ben Beteira says: Signals are not necessary, as even if he expresses his wishes to buy or sell through lip movements [kofetz] or responds to others through lip movements, the transaction is valid. These halakhot apply to transactions involving movable property. It was similarly enacted that a purchase made by young children [paotot] is a valid purchase, and a sale made by them is a valid sale. These halakhot apply to transactions involving movable property.

Traduction française en préparation — version anglaise (Steinsaltz) : GEMARA: Rav Naḥman says in clarification of the scope of the dispute between the first tanna and ben Beteira: The dispute is only with regard to the purchase or sale of movable property. But with regard to bills of divorce, all agree, even ben Beteira, that a deaf-mute can communicate only through gestures and not through lip movements.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: It is obvious that this is the case, as didn’t we learn in the mishna: These halakhot apply to transactions involving movable property? The Gemara answers: Rav Naḥman’s statement is necessary, lest you say that the mishna means that these halakhot apply even to transactions involving movable property, and they similarly apply to other matters, such as bills of divorce. Therefore, Rav Naḥman teaches us that ben Beteira’s validation of lip movements applies only to transactions involving movable property, but not to bills of divorce.