THE STATUS OF A CHERESH (Yerushalmi Terumos Perek 1 Halachah 1 Daf 1b)


(Baraisa): If a Cheresh separated Terumah, it is invalid. Rabban Shimon ben Gamliel said that applies to a Cheresh from birth, but if he had originally been healthy and then became a Cheresh, he may write and have others validate his writing. If he can hear but not speak (known as an Ilaym), he is considered to be healthy.



(R. Yaakov bar Acha/ R. Chiya citing R. Yochanan): The other Chachamim disagree with this teaching of Rabban Shimon.


Question: Why did they need to say this - there is a Mishnah (in Maseches Yevamos) that teaches it... 'If a man became a Cheresh or became insane, he can never divorce his wife'. If the Mishnah was like Rabban Shimon, he should be able to write a Get which can be validated by others.


Answer: He doesn't know how to write.

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Question (R. Ba bar Mamal) (Baraisa): If he wrote or spoke to the Sofer (scribe), instructing him to write a Get and to the witnesses to sign, even if they did so and gave him the Get which he then gave to her, it is not a Get...? (This disagrees with Rabban Shimon.)



Rejection (R. Yosa): The latter part of that Baraisa shows that the Baraisa is faulty - 'It is not a Get until they hear him asking the Sofer to write and the witnesses to sign; or even if he nodded his head to instruct them'. Just as 'until they hear him' cannot be correct and it should say 'until he tells them'; so too in the first part of the Baraisa, instead of it teaching that 'he wrote', which excludes Rabban Shimon, it should teach 'he told'.



Rebuttal (R. Mana of R. Yosa): (The Baraisa is not faulty, as) both hearing his voice and nodding his head are valid. (The Baraisa only spoke about hearing his voice to teach that even once is enough)...

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Question (R. Zeira to R. Mana): Just as nodding three times is needed, is hearing his voice three times is needed?



Answer (R. Mana): Hearing his voice is only needed once.