Gittin 59: Mipnei Darchei Shalom: On Account of the Ways of Peace

In the context of a larger conversation, we learn that the newest rabbis at court or in the Sanhedrin were asked to share their rulings first.  This was because after the experienced, elder rabbis spoke, including Yehuda HaNasi, the newer members might be intimidated to share contradictory rulings.  Those newer rabbis sat on the sides of the court.

The rabbis then have a debate.  Were there any rabbis between Moses and Yehuda HaNasi who were equal to those two men in political and in religious leadership.  They name many famous leaders, changing the ramifications of the question to suit their answers (we meant to say that this leader would be in that position of power for all of his life). 

A new Mishna teaches that a person who is deaf and cannot speak can make valid business transactions through gestures or even lip movements.  Children can also participate in valid business transactions.  Both of these guidelines apply to movable property.

The Gemara discusses a number of questions that arise from the Mishna.  For example, how old must a child be to be trusted with such transactions?  The rabbis argue that while older would be better, children from the age of six should be permitted because this might be their only source of income.  They recognize that some children develop these skills quickly and some slowly.  Abba bar Ya'akov was the rabbi who made this ruling, and the Gemara relates another of his rulings.  This time the ruling concerns fabric or other items that stretch and contract significantly.

Before moving on to another Mishna, we learn about how children are compensated in business transactions gone wrong. We also learn that children's gifts are valid in all circumstances.

Our next Mishna teaches more practices that are done mipnei darchei shalom, on account of the ways of peace:

• Priest read first, Levites second and Israelites third from the Torah
• Courtyards of an old house should be joined
• Pits nearest the irrigation channels are filled first
• Animals, birds and fish that are caught in traps can be found and used by others, but they should be left for their owners (Rabbi Yosei says that this is robbery)
• Objects found by children, deaf-mutes and "imbeciles" cannot be kept
• Olives that fall from a tree that one is gleaning from up at the top can be kept by others but they should be left (Rabbi Yosei says that this is robbery)
• Pe'a is left for poor Jews, but poor Gentiles should be allowed to take from this

The rabbis try to determine which Torah verses can serve as proof-texts for the ordering of Torah readers.  They extend this argument to other potential causes of tension.  Many of the examples have to do with people slighting each other within the context of Jewish practice.  The rabbis also walk through what should be done if there is no priest at the Torah reading.  They are concerned about how to understand who is a priest and who is a Levite.  What if a person says that he is the son of a priest but his mother is a Gibeonite?  What if the congregant was a mamzer?  Or a Levite?  Or even an Israelite?

The rabbis are eager to manage any potential conflict through their rulings.  However, as we all know, conflict arises whether or not we plan for it.  Minimizing conflict is important, though.