Traité Gittin

Traduction française en préparation — version anglaise (Steinsaltz) : When the Gemara mentioned letting blood from below it meant below the testicles, and when it mentioned letting blood from above it meant above the testicles.

Traduction française en préparation — version anglaise (Steinsaltz) : It was taught: And dodder eaten not in its time, before it is ripe, causes harm. The Gemara explains: A Sage taught: Just as eating dodder not in its time is harmful to the body, so too, eating it in its time, when it is ripe, is good for the body. Rav Pappa said: Its time is Tammuz, in the summer, and not in its time is Tevet, in the winter. And during the days of Nisan, spring, and the days of Tishrei, autumn, they neither help nor harm.

Traduction française en préparation — version anglaise (Steinsaltz) : § The Gemara returns to its discussion of the halakhot mentioned in the mishna. The mishna teaches: If he said: Write a bill of divorce for my wife, when he was lucid, and was then afflicted with temporary insanity and he retracted his previous statement and said: Do not write it, his latter statement is considered to be nothing, i.e., it is not halakhically valid. The Gemara comments on this that Rabbi Shimon ben Lakish says: In that case the court writes and gives the bill of divorce immediately, because even though he is insane, the court does not wait for him to return to his senses. And Rabbi Yoḥanan says: They write this bill of divorce based on his instructions only once he is healed and returns to a sound state of mind.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara elaborates: What is the reason for the opinion of Reish Lakish? As it teaches in the mishna: His final statement is considered to be nothing, which indicates that his initial statement stands and the court should act in accordance with his instructions. By contrast, Rabbi Yoḥanan could have said to you as follows: When the mishna said that his final statement is considered to be nothing it means that when his mind becomes lucid it is not necessary for the court to return and confirm his instructions; rather, they rely on his statement. But the court actually writes the bill of divorce only once he is healed.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: With regard to what principle do Reish Lakish and Rabbi Yoḥanan disagree? Reish Lakish compares one afflicted with temporary insanity to one who is sleeping. If one said to write a bill of divorce and went to sleep then the court may write it without waiting for him to awaken. And Rabbi Yoḥanan compares him to an imbecile: When he is afflicted with temporary insanity he is not of sound mind and is therefore unfit to give a bill of divorce.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And Rabbi Yoḥanan also could compare him to one who is sleeping, so why does he not do so? The Gemara answers: One who is sleeping is not lacking an action, meaning that no action is needed in order to awaken him, and he can awaken on his own. This one, who is afflicted with temporary insanity, is lacking an action by not taking the remedy mentioned earlier.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: And Reish Lakish could also compare him to an imbecile, so why does he not do so? The Gemara answers: There is a difference, as there is no remedy in our possession that can cure an imbecile. And since there is no remedy, a bill of divorce may not be written on his behalf. By contrast, for this one, who is afflicted with temporary insanity, there is a remedy in our possession. As the Gemara explained (67b): The remedy for this disease is for the afflicted person to eat lean red meat roasted over coals and drink wine that has been diluted with a large amount of water.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But did Rabbi Yoḥanan actually say this, that the court must wait for him to regain his mental capabilities? But didn’t Rav Yehuda say that Shmuel says: If one was attacked by another who slit his throat and severed the two pipes, his trachea and esophagus, or the majority of the two pipes, and the dying man signaled and thereby stated through his gestures: Write a bill of divorce for my wife, then those present should write and give a bill of divorce to his wife?

Traduction française en préparation — version anglaise (Steinsaltz) : And it was similarly taught in a baraita: If they saw a man whose limbs had been severed or crucified on a cross, and he signaled and thereby stated: Write a bill of divorce for my wife, then those present should write and give the document to his wife. This teaches that it is permitted to write a bill of divorce even on behalf of one who cannot be cured and will certainly die. If so, why does Rabbi Yoḥanan claim that a bill of divorce may be written for someone afflicted with temporary insanity only once he has been cured?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this: How can these cases be compared? There, after his throat was slit or he was crucified, his mind is lucid, but he has begun to feel weakness and will die very soon. Consequently, he cannot speak, but his intellectual capabilities are assumed to be intact. But here, in the case of one afflicted with temporary insanity, his mind is confused, and he is not lucid enough to act with intent.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But did Shmuel actually say this, that someone whose throat has been slit is treated as though he is alive, and he can give a bill of divorce? But didn’t Rav Yehuda say that Shmuel says: If someone slit the two pipes in his throat or the majority of the two pipes and the victim fled without the witnesses seeing what ultimately happened to him, then they may testify with regard to him that he is dead? And if it enters your mind to say that one whose throat has been slit is alive and able to instruct others to write a bill of divorce for his wife, then why can witnesses testify with regard to him that he is dead?

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara says in response to this that he is currently alive and on account of this he can give a bill of divorce to his wife, but ultimately he will certainly die within a short period of time. Consequently, it is possible to testify with certainty that he died later on.