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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