Gittin - Daf 59
- Purchases and sales of פעוטות, young children
The next Mishnah states: חרש רומז ונרמז – A deaf-mute can signal with his hands or head, or he can be signaled to and indicate his agreement, and we rely on them to determine his intentions. Ben Beseirah says: קופץ ונקפץ במטלטלין – He may even mouth, or one may mouth to him, regarding transactions of movable items. הפעוטות – Regarding young children, במטלטלין מקחן מקח וממכרן ממכר – their purchases are valid purchases, and their sales are valid sales, with regard to movable items. The Gemara records three opinions about the minimum age for children’s transactions to be valid, between six and ten years old, and says there is no disagreement: כל חד וחד לפי חורפיה – every child according to his sharpness. Rebbe Yochanan explains that the Rabbis enacted that his transactions are valid, משום כדי חייו – because of his critical needs (to enable him to sell his property and purchase food and other essentials). Abaye asked if a child may give a gift (Rashi explains that although it is not a direct source of his needs, a gift is sometimes given in “exchange” for favors). Rav Yeimar says it is not valid, and Mar bar Rav Ashi says it is. Rav Mordechai testified that Rav Ashi also ruled that the gift is valid.
- The order of aliyos to promote דרכי שלום
The next Mishnah lists numerous laws enacted to promote harmony. The first is: כהן קורא ראשון – A Kohen reads first from the Torah, ואחריו לוי ואחריו ישראל – and after him, a Levi, and after him, a Yisroel, מפני דרכי שלום – to promote harmony. Several Amoraim offer sources for this order, and a Baraisa darshens referring to a Kohen: "וקדשתו" – and you shall sanctify him, לכל דבר שבקדושה – for every matter of kedushah, לפתוח ראשון – to open a gathering by speaking first, ולברך ראשון – to make a berachah first at a meal, וליטול מנה יפה ראשון – and to take a preferred portion of food first. Abaye asked Rav Yosef that the order appears to be d’Oraysa, and not for דרכי שלום!? Although Rav Yosef answered that it is indeed d’Oraysa, but for the purpose of דרכי שלום, Abaye countered that this is true for the entire Torah, as it says: דרכיה דרכי נועם וכל נתיבותיה שלום – Its ways are ways of pleasantness, and all its paths are peaceful. He therefore explains that the Mishnah is teaching that although generally, such as by a meal, one may relinquish various honors to prominent guests, a Kohen may not honor a non-Kohen by giving him his aliyah, because of דרכי שלום.
- Aliyah procedure when a Kohen or Levi is not present, and the concern of פגם
Abaye cited a tradition: אין שם כהן נתפרדה חבילה – If there is no Kohen present, the bundle is unraveled. Rashi explains this means that a Levi does not read from the Torah at all, or alternatively, that he does not have precedence over a Yisroel. He also said: אין שם לוי קורא כהן – If there is no Levi, a Kohen reads in his place. The Gemara asks, but Rebbe Yochanan said: כהן אחר כהן לא יקרא – A Kohen cannot read after another Kohen, משום פגמו של ראשון – because of the potential discrediting of the first Kohen’s lineage (because when the second Kohen reads, people will suspect the first was discovered not to be a legitimate Kohen). לוי אחר לוי לא יקרא – A Levi cannot read after a Levi, משום פגם שניהם – because of the potential discrediting of both of their lineages (people will suspect one was found not to be a Levi but will not know which). How, then, can Abaye allow a Kohen to read after the first Kohen? The Gemara explains that Abaye meant the original Kohen reads again, which is of no concern. The Gemara analyzes Rebbe Yochanan’s statement, explaining why regarding Leviim, the concern affects both of them, whereas by Kohanim, it only affects the first Kohen.
