1)

A CHERESH AND A DERANGED PERSON (Yerushalmi Terumos Perek 1 Halachah 1 Daf 2a)

àîø ø' éåãï úîï áàåîø ëê åëê òùéúé äëà áàåîø ëê åëê òùå

(a)

(R. Yudan): (Answering the Gemara's question as to the contradiction between Rabban Shimon ben Gamliel and the Baraisa...) Rabban Shimon was discussing when a Cheresh himself separates Terumah or writes a Get; the Baraisa was discussing when he orders a Sofer to write a Get.

[ãó â òîåã á (òåæ åäãø)] øáé áðéîéï áø ìåé áòé àí éù áå ãòú ìùòáø éù áå ãòú ìäáà àí àéï áå ãòú ìùòáø àéï áå ãòú ìäáà

(b)

Question (R. Binyamin bar Levi): If he had the understanding to write the Get (for the sake of the husband and wife), he also has the understanding to order it to be given; if not, not.

àîø øáé àáãéîé áçøù àðï ÷ééîéï åàéï ùìéçåú ìçøù

(c)

Answer #2 (R. Avdimi): A Cheresh cannot appoint an agent.

à''ø éåñé á''ø áåï ááøéà àðï ÷ééîéï åìîä àéðå âè àðé àåîø îúòñ÷ äéä áùèøåúéå åúðé ëï

(d)

Answer #3 (R. Yosi bei R. Bun): The Baraisa is discussing a heathy person who became a Cheresh - we are concerned that he became insane before he became a Cheresh. So why isn't it a valid Get in the Mishnah? As perhaps when he said 'Get', he was referring to another document (which are also referred to as Gitin, but he did not want a Get written to his wife). (Rabban Shimon ben Gamliel was discussing when he became a Cheresh through illness and there was no concern that he first became deranged). So the Baraisa should be read as follows...

áîä ãáøéí àîåøéí áæîï ùôéøù îúåê áåøéå àáì àí ðùúú÷ îçîú çåìéå ãéå ôòí àçú

1.

When must he nod three times? When he became a Cheresh after being healthy (and there is concern that he might have first become deranged), but if he lost his speech through regular illness, it is enough that he nod only once.

îàï úðà çøù ãìà ëøáé éåãà ãúðé

(e)

Who is the Tanna who holds that the Terumah of a Cheresh is not Terumah? It's not R. Yehuda, as the Baraisa taught -

àîø øáé éåãà îòùä ááðéå ùì øáé éåçðï áï âåãâãà ùäéå ëåìï çøùéï åäéå ëì äèäøåú ùáéøåùìéí ðòùéï òì âáéäï

1.

(R. Yehuda): The sons of R. Yochanan ben Gudgodah were all Cheresh, and all of the Taharos of Yerushalayim were supervised by them. (This shows that a Cheresh is able to be careful with Taharah.)

àîøå ìå îôðé ùäèäøåú àéðï öøéëåú îçùáä åðòùåú òì âáé çøù ùåèä å÷èï àáì úøåîä åîòùøåú öøéëåú îçùáä

2.

Rebuttal (Rabbanan to R. Yehuda): They were relied upon because Taharos only require guarding but not 'Machshava' ('thought') and can therefore be watched by a deranged person, a Cheresh or a child, but since Terumah and Ma'asros need Machshava.

åàéðï ðôñìåú áäéñç äãòú

(f)

Question: Are they are not disqualified due to their lack of awareness?

øáé éåñé áùí øáé ìà àéï ëúéá áäï îçùáä ùîéøä ëúéá áäï

(g)

Answer (R. Yosi citing R. Ila): The pasuk did not write 'Machshava'; it merely wrote about 'watching'.

[ãó ã òîåã à (òåæ åäãø)] ñéîðé ùåèä äéåöà áìéìä åäìï ááéú ä÷áøåú åäî÷øò àú ëñåúå åäîàáã îä ùðåúðéï ìå

(h)

The signs of a deranged person are one who goes out (alone) at night; one who sleeps in a graveyard, one who tears his garment and one who loses that which he is given.

à''ø äåðà åäåà ùéäà ëåìäï áå ãìà ëï àðé àåîø äéåöà áìéìä ÷éðéèøå÷åñ äìï ááéú ä÷áøåú î÷èéø ìùãéí äî÷øò àú ëñåúå ñåìé÷åñ åäîàáã îä ùðåúðéí ìå ÷åãéé÷åñ

(i)

(R. Huna): He must have all of these behaviours, otherwise I could say that he goes out at night to cool off; he sleeps in the graveyard in order to have a spirit of witchcraft rest on him; he tears his garment because his mind is completely preoccupied with other things; he loses that which he's given because he has an illness (of the mind) called Kudaikus.

øáé éåçðï àîø àôéìå áàçú îäï

(j)

(R. Yochanan): Even if he has one of them, he is considered a deranged person.

àîø øáé àáåï îñúáøà îä ãàîø øáé éåçðï àôéìå àçú îäï åáìáã áîàáã îä ùðåúðéï ìå àôéìå ùåèä ùáùåèéí àéï îàáã ëì îä ùðåúðéí ìå ÷åðãé÷åñ ÷åøãéé÷åñ àéï áå àçú îëì àìå

(k)

(R. Bun): R. Yochanan's ruling is logical in the case of losing that which he's given - even the craziest person doesn't lose everything he's given. Kundaikus and Kurdaikus don't have any of these behaviours.

îäå ÷åøãéé÷åñ

(l)

Question: What is Kurdaikus?

àîø ø' éåñé äîéí

(m)

Answer (R. Yosi): He is bewildered and cannot calm down.

àúà òåáãà ÷åîé øáé éåñé áçã èøñéé ãäååï éäáåï ìéä ñéîå÷ âå àëåí åäåà ìòé àëåí âå ñéîå÷ åäåà ìòé àîø ãå äåà ÷åøãéé÷åñ ùàîøå çëîéí

(n)

A case once came before R. Yosi of a weaver who was given a red thread amongst his black threads and he didn't notice it at all. They put a black thread amongst his red threads and he also didn't notice at all. R. Yosi commented, "This is the example of Kurdaikus about which Chazal spoke''.

ôòîéí ùåèä ôòîéí çìéí äøé äåà ëôé÷ç ìëì ãáø áùòä ùäåà ùåèä äøé äåà ëùåèä ìëì ãáøéå åáùòä ùäåà çìéí äøé äåà ëôé÷ç ìëì ãáøéå

(o)

If he is sometimes insane and sometimes sane, he is considered healthy in all matters. When he is insane, he is insane for all matters; when he is sane, he is sane for all matters.

àúà òåáãà ÷åîé ãùîåàì àîø [ãó á òîåã á] ëã äåà çìéí éúï âè

(p)

A case came before Shmuel, who ruled that when the man is healthy (Chalim), have him give his wife a Get.

åùîåàì ëøéù ì÷éù ãøéù ì÷éù àîø ìëùéùúôä

(q)

Question: Is Shmuel is like Reish Lakish who disagreed (in Maseches Gitin Yerushalmi) over the case of a person who instructed a Get to be written to his wife and then became sick with Kurdaikus - R. Yochanan allows him to give the Get immediately and Reish Lakish only allowed it after he has recovered...?

[ãó ã òîåã á (òåæ åäãø)] øåáà ãùîåàì îï ãø''ù áï ì÷éù ãäåà àîø ëã ãå çìéí éúï âè

(r)

Answer: No, Shmuel is teaching something even more than Reish Lakish, as Reish Lakish only allows it when he is completely healed, but Shmuel allows it even if he is not yet completely healed.

åúçìéîðé åäçééðé.

(s)

What is the source that the word 'Chalim' means healthy? As the pasuk states (Yishaya 38:16), "...and You healed me ('Vatachalimaini') and gave me life ('Vehachayaini')''.