- When does a get על תנאי take effect if the husband died, guaranteeing the תנאי’s fulfillment?
Rebbe Yehudah Nesiah declined to permit bread of idolators, so they would not be called בית דינא שריא – “a permissive Beis Din,” having already permitted their oil, and having ruled leniently regarding a get given “on condition that I do not return within twelve months,” and the husband died in the interim. A Mishnah disqualifies the get (since he died before the get’s effectiveness, after the תנאי’s fulfillment), and subjects her to יבום. Rebbe Yehudah Nesiah permitted her to remarry, ruling like Rebbe Yose that זמנו של שטר מוכיח עליו – the date in the document proves its intent to be effective retroactively.
Rebbe Elazar asked an elder about Rebbe Yehudah’s lenient ruling: כי שריתוה – when you permitted her, לאלתר שריתוה – did you permit her to remarry immediately when the husband died, דלא אתי – since he would definitely not return, or only after the twelve months, דהא איקיים ליה תנאיה – because the condition is then fulfilled? This question is equally relevant where one explicitly stipulated that the get should take effect “from now if I do not return,” etc., and he died in the interim. Still, Rebbe Elazar asked this elder, who was present at Rebbe Yehudah’s ruling.
- משקה בי מטבחיא "דכן"
Yose ben Yoezer ruled that משקה בי מטבחיא דכן – the “beverages” of the shechitah place in the Mikdash are tahor. This refers to the seven liquids normally subject to contracting and transmitting tumah and teaches that these liquids in the Mikdash’s shechitah area are not subject to the Rabbinic decree of tumah. Rav and Shmuel debate its meaning. Rav says: דכן ממש – they are literally tahor and cannot contract tumah. He holds טומאת משקין דרבנן – tumah of liquids altogether is Rabbinical, and was only enacted for ordinary liquids, but not for those of the בי מטבחיא in the Mikdash, which are entirely tahor. Shmuel says: דכן מלטמא אחרים – they are “tahor” insofar as they cannot be metamei other things, אבל טומאת עצמן יש בהן – but they themselves are subject to contracting tumah. This is because Shmuel holds טומאת משקין דאורייתא – tumah contraction of liquids is mid’Oraysa (and therefore applies universally), לטמא אחרים דרבנן – but their ability to be metamei others is only Rabbinical, and this decree was not enacted for the liquids of בי מטבחיא.
- Yose ben Yoezer’s leniency for טומאת מת: ספק טומאה ברשות הרבים
Yose ben Yoezer’s third lenient ruling was ועל דיקרב למיתא מסאב – and one who touches a dead body is tamei. The Gemara objects that this implies a stringency, not a leniency, and furthermore, one who touches a מת is tamei מדאורייתא!? It first answers that although even one who touches a person who touched a מת is tamei מדאורייתא, the Biblical law is: בחיבורין טומאת שבעה – if he touches the person while he is touching the מת, he contracts seven-day tumah, but שלא בחיבורין טומאת ערב – if he touched him when he is not touching the מת, he only contracts tumah until nightfall. The Sages decreed even this case tamei for seven days, but Yose reinstated the Biblical law of tumah only until nightfall. Rava rejected this interpretation and instead explains that Yose ruled leniently regarding ספק טומאה ברשות הרבים – doubtful tumah which occurred in a public domain. Biblically, this is ruled tahor, but Rebbe Yochanan said "אין מורין כן" – we do not rule this way publicly, and Yose publicly ruled like this leniency. When such cases came before Rebbe Yannai, he said: הא מיא בשיקעתא דבנהרא – There is water in the depths of the river; זילו טבולו – go immerse yourselves!” [he would not rely on the leniency when it could easily be resolved].