Wednesday 23 December 2015

Gittin 10: Kutim (Samaritan) Witnesses

The rabbis discuss the limitations of a Kutin, a Samaritan, witness on different documents.  This conversation moves from the halachot of retraction (according to both Torah and rabbinic law) to the halachot of betrothal.  Does one set of halachot prove an interpretation in a different context?

We learn a new Mishna: Any document that has a Samaritan witness is invalid except for bills of divorce and manumission.  Rabbi Gamliel was in the town of  Otnai when he stated that a bill of divorce was valid; it had the signatures of Samaritan witnesses upon it.

Why these two exceptions?  The rabbis consider the case of matzot: Samaritan matzot is not only considered to be kosher for consumption on Pesach, but it also may serve as the fulfilment of the mitzvah to eat matzah on Pesach.  Clearly the Samaritans were considered to have upheld the letter of the law and the spirit of the law in that circumstance.

Rav Pappa suggests that bills of divorce and manumission both require the presence of both witnesses when the other witness signs the shared document.  A Jew would not sign a document signed by a Samaritan who did not keep the letter of the law.  And a Jew would not sign a document if he believed that an ‘unworthy’ Samaritan would be signing the same document.  And so the Samaritan’s signature is valid in these cases.

Today’s discussions doe not seem to be about witnesses.  Rather they are focused upon whether or not Samaritans are part of the the Jewish community when it comes to halacha.  There seem to be multiple opinions on how to include and/or exclude Samaritans from the larger Jewish population in the time of our rabbis.

A second new Mishna in today’s daf teaches that all documents produced in Gentile courts are valid, except those of divorce and manumission.   Rabbi Shimon says that even those are valid, as they were spoken of if they were prepared by common people and not in court.

The Gemara considers some of the differences between bills of sale, gifts, and scrolls of severance.  We learn here that dina d’malchutah dina, the law of the kingdom is the law.  I have heard this particular phrase in many different contexts over the course of my life.  It is understood still that Jews are to follow the law of the lands in which we live.




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