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1) MAKING A SUGGESTION

(a) (Abaye): R. Shimon, R. Shimon ben Gamliel and R. Eliezer all hold that a person (sometimes) is not insistent that his words be fulfilled exactly, rather he makes a suggestion.
(b) R. Shimon - in our Mishnah; R. Shimon ben Gamliel - in the following Mishnah.

1. (Mishnah): A normal Get - the witnesses sign on the front; a tied Get - the witnesses sign on the back. If they signed on the wrong side (by either Get), it is invalid;

i. R. Chanina ben Gamliel says, if they signed on the front of a tied Get, it is valid, because it can be untied and made into a regular Get.
ii. R. Shimon ben Gamliel says, everything is as the local custom.

2. Question: Does the first Tana argue on this?!
3. Answer (Rav Ashi): If there is a standard custom in that locale (which type of Get is used), all agree, when a man authorizes a Get, he is insistent that it be as the custom (so if the scribe deviated, it is invalid);

i. They argue when both types of Gitin are used in the area, and the husband asked for a regular Get, and the scribe wrote a tied Get.
ii. The first Tana holds, he is insistent; R. Shimon ben Gamliel holds, he merely suggests that a regular Get is also fine.

(c) R. Eliezer - in the following Mishnah.

1. (Mishnah): A woman told an agent 'Receive my Get in the place Peloni'; he received it somewhere else - it is invalid;
2. R. Eliezer says, it is valid.

i. R. Eliezer holds she merely suggested that her husband can probably be found in Peloni.

(a) (Ula): R. Shimon and Chachamim only argue when he gave her something worth more than what he said - but if his lineage is better than he said, all agree she is not Mekudeshes.
(b) Support (Rav Ashi - the next Mishnah): 'On condition that I am a Kohen, and he was found to be a Levi', or vice-versa; 'On condition that I am a Nasin, and he was found to be a Mamzer', or vice-versa - she is not Mekudeshes;

1. R. Shimon does not argue!

(c) Question (Mar bar Rav Ashi): But that Mishnah also says 'On condition that I have a Megudeles (adult) daughter or Shifchah', and he does not have, or vice-versa - (the Shifchah) is a case of monetary value, surely R. Shimon argues!

1. Rather, we must say that once R. Shimon argued in our Mishnah, we understand that he argues in the next Mishnah;
2. We can say the same regarding mistaken lineage!

(d) Answer #1: The comparison is faulty!

1. By mistakes in monetary value, since he argued in our Mishnah, surely he argues in the next Mishnah;
2. If he also argues by mistaken lineage, the Mishnah must teach this!

(e) Answer #2: The case of the Shifchah is also a case of mistaken lineage - 'Megudeles' means she is esteemed (Rashi; Tosfos - a hairdresser) - such a slave can spread stories about her master's wife!

(a) 'On condition that I am a Karaina (reader of the Torah in synagogue)' - if he has read 3 verses of the Torah for the congregation, she is Mekudeshes;

1. R. Yehudah says, he must read and translate 3 verses.
2. Question: A person must not give his own translation!

i. (Beraisa - R. Yehudah): One who translates a verse according to the simple meaning of the words, he is a falsifier; one who adds on, he blasphemes!

3. Answer: He means, he says the received translation (of Unkeles).

(b) If he said 'On condition that I am a Kara', she is Mekudeshes only if he is proficient at reading all of written Torah.
(c) (Chizkiyah): 'On condition that I Shoneh (learn Mishnah)' - he must learn laws;
(d) (R. Yochanan): He must learn Torah.
(e) Question (Beraisa - R. Meir): Mishnah - this is laws; R. Yehudah says, this is Medrash.

(f) Answer: When R. Yochanan said, he must learn Torah, he meant Medrash (expositions of) Torah.

1. This is only when he said "I learn" - but if he said 'on condition that I am a Tana', he must be able to recite laws, Sifra, Sifri, and Tosefta.

(g) 'On condition that I am a Talmid' - he need not be as great as ben Azai, it suffices that he knows something well enough that he can be answer questions on it, even tractate 'Kalah'.
(h) 'On condition that I am a Chacham' he need not be like Chachamim of Yavneh, like R. Akiva and his colleagues;

1. It suffices that he can answer a question based on reasoning, in any place.

(i) 'On condition that I am mighty' - he need not be as Avner or Yo'av, rather it suffices that people fear him.
(j) 'On condition that I am rich' - he need not be as rich as R. Eliezer ben Charsom or R. Eliezer ben Azaryah;

1. It suffices that he is honored in his city as a rich man.

(k) 'On condition that I am a Tzadik' - even if he is an absolute Rasha, she is Mekudeshes, perhaps he repented in his heart.
(l) 'On condition that I am a Rasha - even if he is a perfect Tzadik, she is Mekudeshes, perhaps he served idolatry in his heart.

(a) Ten measures of Chochmah came to the world - Eretz Yisrael received 9, the rest of the world, 1.
(b) Ten measures of beauty came to the world - Yerushalayim received 9, the rest of the world, 1.
(c) Ten measures of wealth came to the world - Romi received 9, the rest of the world, 1.
(d) Ten measures of poverty came to the world - Bavel received 9, the rest of the world, 1.
(e) Ten measures of haughtiness came to the world - Eilam received 9, the rest of the world, 1.

1. Question: But haughtiness descended to Bavel!

i. "Two women...wind in their wings...they carried the Eifah between the ground and Heaven...they are carrying it to Shinar (Bavel) to build for it a house."
ii. (R. Yochanan): They were carrying flattery and haughtiness, which descended to Bavel.

2. Answer: Indeed, it descended to Bavel; from Bavel, 9 tenths went to Eilam.

i. Support: "To build for it a house" (only for flattery, not for haughtiness).

(f) Objection: But it was taught, poverty is a sign of haughtiness - and poverty is in Bavel!
(g) Answer: The poverty referred to is poverty in Torah.

1. (R. Yochanan): "We have a young sister, she has no breasts" - this is Eilam, that merited to learn Torah, not to teach it.

(h) Ten measures of strength came to the world - the Persians received 9;
(i) Ten measures of lice came to the world - Madai received 9;
(j) Ten measures of witchcraft came to the world - Mitzrayim received 9;
(k) Ten measures of plagues came to the world - pigs received 9;
(l) Ten measures of lewdness came to the world - Araviya received 9;
(m) Ten measures of brazenness came to the world - Meishan received 9;
(n) Ten measures of speech came to the world - women received 9;
(o) Ten measures of drunkenness came to the world - Kushim received 9;
(p) Ten measures of sleep came to the world - slaves received 9, the rest of the world, 1.