THE STATUS OF A CHERESH (Yerushalmi Terumos Perek 1 Halachah 1 Daf 1b)
úðé çøù ùúøí àéï úøåîúå úøåîä àîø øáï ùîòåï áï âîìéàì áîä ãáøéí àîåøéí ëùäéä çøù îúçéìúå àáì àí äéä ôé÷ç åðúçøù ëåúá åàçøéí î÷ééîéï ëúá éãå ùåîò åàéðå îãáø äøé äåà ëôé÷ç
(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.
øáé éò÷á áø àçà øáé çééà áùí ø' éåçðï çìå÷éí òì äùåðä äæä
(R. Yaakov bar Acha/ R. Chiya citing R. Yochanan): The other Chachamim disagree with this teaching of Rabban Shimon.
àîøéï åäà îúðéúéï ôìéâà ðúçøù äåà àå ðùèä àéðå îåöéà òåìîéú åéëúåá åé÷ééîå àçøéí ëúá éãå
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.
÷ééîåðä áùàéðå éåãò ìëúåá
Answer: He doesn't know how to write.
îåúéá øáé áà áø îîì åäà îúðéú' ôìéâà [ãó â òîåã à (òåæ åäãø)] åäøé ùëúá ëúá éãå àå ùà[å]îø ìñåôø ëúåá åìòãéí çúåîå àò''ô ùëúáå åçúîå åðúðå ìå åçæø åðúï ìä àéðå âè
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.)
àîø ø' éåñä àîø ñåôä åìéú äéà ôìéâà àéðå âè òã ùéùîòå àú ÷åìå ùàîø ìñåôø ëúåá åìòãéí çúåîå ìà ñåó ãáø òã ùéùîòå àú ÷åìå àìà àôéìå äøëéï áøàùå àú àîø ìéú ëàï àó äëà ìéú ëàï
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'.
àîø øáé îðà àéú ëàï äéà äùîòú ÷åì äéà äøëðú øàù.
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)...
[ãó á òîåã à] ø' æòéøà áòé ÷åîé øáé îðà ëîä ãúéîà òã ùéøëéï áøàùå â' ôòîéí åãëååúä òã ùéùîòå àú ÷åìå â' ôòîéí
Question (R. Zeira to R. Mana): Just as nodding three times is needed, is hearing his voice three times is needed?
à''ì ìùîéòú ä÷åì ôòí àçú ìäøëðú äøàù ùìùä ôòîéí
Answer (R. Mana): Hearing his voice is only needed once.