Book contents
- Frontmatter
- Contents
- Preface
- Note on transliteration
- Note on Biblical translations
- Note on the Babylonian Talmud
- List of Abbreviations
- 1 The Talmudic argument
- 2 The literary form of the Babylonian Talmud
- 3 Berērah: retrospective specification
- 4 Yeúsh she-lo mi-da‘at: unconscious abandonment of property
- 5 Rubba: probability
- 6 Davar she-lo ba le-'olam: conveyance of a thing not yet in existence
- 7 Kol she-eyno be-zeh aḥar zeh afilu be-vat aḥat eyno: whatever cannot be established in a consecutive sequence cannot be established even in a simultaneous sequence
- 8 Yesh ḥoresh telem eḥad: a single act of ploughing can result in a number of penalties
- 9 Simanin de-oraita o de-rabbanan: whether reliance on distinguishing marks for the purpose of identification is Biblical or Rabbinic
- 10 Devarim she-be-lev eynam devarim: mental reservations in contracts are disregarded
- 11 Ḥazakah: presumptive state
- 12 Gadol kevod ha-beriot: the law and regard for human dignity
- 13 Hazmanah milta: whether the designation of an object for a particular use is effective
- 14 Mitzvat ‘aseh she-ha-zeman geramah: positive precepts dependent on time from which women are exempt
- 15 Heyzek she-eyno nikar: indiscernible damage to property
- 16 Kinyan ḥatzer: acquisition by means of a domain
- 17 Palginan be-dibbura: admission of part of a testimony even though another part of the same testimony is rejected
- 18 Tadir u-mekuddash: which takes precedence: the more constant or the more sacred?
- 19 Palga nizka: the nature of the payment of half-damages to which the owner of a goring ox is liable
- 20 Patur mi-diney adam ve-ḥayyav be-diney shamayim: cases where there is liability in the eyes of God even though the human courts cannot enforce payment
- 21 Maḥal ‘al kevodo kevodo maḥul: renunciation of honour by one to whom it is due
- 22 Conclusions
- Glossary
- Bibliography
9 - Simanin de-oraita o de-rabbanan: whether reliance on distinguishing marks for the purpose of identification is Biblical or Rabbinic
Published online by Cambridge University Press: 06 January 2010
- Frontmatter
- Contents
- Preface
- Note on transliteration
- Note on Biblical translations
- Note on the Babylonian Talmud
- List of Abbreviations
- 1 The Talmudic argument
- 2 The literary form of the Babylonian Talmud
- 3 Berērah: retrospective specification
- 4 Yeúsh she-lo mi-da‘at: unconscious abandonment of property
- 5 Rubba: probability
- 6 Davar she-lo ba le-'olam: conveyance of a thing not yet in existence
- 7 Kol she-eyno be-zeh aḥar zeh afilu be-vat aḥat eyno: whatever cannot be established in a consecutive sequence cannot be established even in a simultaneous sequence
- 8 Yesh ḥoresh telem eḥad: a single act of ploughing can result in a number of penalties
- 9 Simanin de-oraita o de-rabbanan: whether reliance on distinguishing marks for the purpose of identification is Biblical or Rabbinic
- 10 Devarim she-be-lev eynam devarim: mental reservations in contracts are disregarded
- 11 Ḥazakah: presumptive state
- 12 Gadol kevod ha-beriot: the law and regard for human dignity
- 13 Hazmanah milta: whether the designation of an object for a particular use is effective
- 14 Mitzvat ‘aseh she-ha-zeman geramah: positive precepts dependent on time from which women are exempt
- 15 Heyzek she-eyno nikar: indiscernible damage to property
- 16 Kinyan ḥatzer: acquisition by means of a domain
- 17 Palginan be-dibbura: admission of part of a testimony even though another part of the same testimony is rejected
- 18 Tadir u-mekuddash: which takes precedence: the more constant or the more sacred?
- 19 Palga nizka: the nature of the payment of half-damages to which the owner of a goring ox is liable
- 20 Patur mi-diney adam ve-ḥayyav be-diney shamayim: cases where there is liability in the eyes of God even though the human courts cannot enforce payment
- 21 Maḥal ‘al kevodo kevodo maḥul: renunciation of honour by one to whom it is due
- 22 Conclusions
- Glossary
- Bibliography
Summary
The main sugya is Bava Metzi'a 27a (last line on page)–28a, though there is a cross reference to it earlier, on page 27a.
In the whole of the second chapter of Bava Metzi'a (cf. supra, p. 34) it is accepted as the rule that a lost article must be returned by the finder to the one who claims that he lost it, if the latter substantiates his claim either by producing two witnesses that it is his or by declaring the distinguishing marks of the article. These are known as simanin (or, in the Hebrew form, simanim, sing, siman). Simanin are thus treated as a reliable means of identification. But it is not clear whether reliance on simanin has Biblical warrant – simanin de-oraita – or whether such reliance is by Rabbinic enactment only – simanin de-rabbanan.
The sugya begins with the stock formula when a problem is set: ibbaye le-hu, ‘they [the anonymous scholars] set a problem’. The problem is: ‘Are simanin de-oraita or de-rabbanan?’ The practical difference, the Talmud continues, is whether or not a bill of divorce (get) can be returned when its simanin have been stated. A husband sends a get, which has to be written specifically for that husband and wife (see supra p. 24), through his agent, to deliver it to the wife and the agent loses the get but a get is later found. The agent describes the simanin of the get he has lost and these coincide with the simanin of the get that has been found. Can simanin be relied onsufficiently to enable the agent to take the get and deliver it to the wife?
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- Information
- The Talmudic ArgumentA Study in Talmudic Reasoning and Methodology, pp. 91 - 100Publisher: Cambridge University PressPrint publication year: 1984