(Beraisa): If a Cheresh tithed, his Terumah is not Terumah;

R. Shimon ben Gamliel says, when is this? It is when he was a Cheresh from the beginning, but if he was a Pike'ach and became deaf, he writes [that he separated these Peros to be Terumah], and others fulfill what he wrote. (The same applies to Gitin.)

(R. Yakov bar Acha citing R. Chiyah citing R. Yochanan): Chachamim argue with this Tana (R. Shimon ben Gamliel; the Halachah does not follow him).

Implied question: A [Stam] Mishnah argues! If a husband became Cheresh, or his wife became a lunatic, he can never divorce her. [According to R. Shimon ben Gamliel, since initially he was a Pike'ach,] he can write [to divorce her] and others will fulfill what he wrote! (R. Yochanan should have cited the Mishnah to prove that Chachamim argue!)

Answer: The Mishnah discusses one who does not know how to write.

Question (R. Ba bar Mamal): A Beraisa argues! If one wrote in his handwriting (to command a Get, and based on this) one told a scribe and he wrote, and [he told] witnesses and they signed, even if they wrote and signed and gave it to him, and he went and gave it to her, it is not a Get.

Answer #1 (R. Yosi): The Seifa shows that it does not argue. It says that it is not a Get until they hear his voice!

(Beraisa): He told the scribe 'write' and the witnesses 'sign'... the Seifa says, [it is Kosher] only if they hear his voice.

Objection: Is it not [enough] even if he nodded his head?! Rather, you must say that [the correct text] does not say [only if they hear his voice, rather, until he tells them]. Also here (the Reisha), it does not say [that he wrote, to teach unlike R. Shimon ben Gamliel. Rather, it says that he told a Shali'ach to tell the scribe and witnesses. It is like R. Yosi, who disqualifies a Shelichus to tell others.]

Rebuttal (R. Mana): [Indeed, the Seifa] says so (it is not a Get until they hear his voice). Hearing the voice is the same as nodding his head. (It shows consent. Also the Reisha is precise. It says that he wrote, to teach unlike R. Shimon ben Gamliel. We explained this like MAHARA FULDA, Terumos 1:1.)

Question (R. Ze'ira, to R. Mana): Just like you say, [it is not Kosher] until he nods his head three times, similarly [you should require] until he hears his voice three times!

Answer (R. Mana): Hearing his voice once suffices. For nodding his head, three times are needed.

Answer #2 (to R. Ba bar Mamal's question - R. Yudan): There (in the Beraisa), he says (wrote) 'I did so and so' (I told a scribe to write...). Here (R. Shimon ben Gamliel discusses when) he says (writes) 'do so and so' (tell a scribe...)

Question (R. Binyamin bar Levi): What is the case? If [R. Shimon ben Gamliel holds that a Pike'ach who became deaf] has Da'as for the future, he should have Da'as for the past (we should act upon what he wrote that he commanded a scribe). If he has no Da'as for the past, he should have no Da'as for the future!

Answer #1 (R. Aba Mari): We discuss a Cheresh. There is no Shelichus to a Cheresh.

Answer #2 (R. Yosi bei R. Bun): We discuss a Bari (healthy person).

Question: [If so,] why is it not a Get?

Answer: I say that he was merely engaged in his documents (he wrote without intent for Shelichus. If a Bari wanted to make a Shali'ach, he would command him orally!)

Support (Beraisa): What is the case [that if one became mute, we check him three times]? It is when he became mute amidst health (perhaps his mind is not sound), but if he became mute amidst illness, once suffices (he is merely weak. This shows that there is more concern for a befuddled mind when he was healthy.)

[We check] alternating (he must know when to nod affirmatively, and when negatively, e.g.) 'should we write a Get to your wife?', and he says (nods) yes. 'To your mother?', and he says 'no'. 'To your wife?', and he says yes. 'To your daughter?', and he says 'no'. 'To your wife?', and he says yes. 'To your sister?', and he says 'no'.

Question: Does the same apply to testimony?

Answer: R. Avahu came and cited R. Yochanan to say that the same applies to testimony.

One can give his testimony while sitting.

The same applies to [one who asks to permit] vows (he may sit - PNEI MOSHE).

(Rav Sheshes - Beraisa): Just like we check for Gitin three times, so we check him for inheritance, buying and selling, and gifts.

(Mishnah): If they asked a man 'should we should write a Get to your wife?' and he said 'write', and they told a scribe and he wrote it, and witnesses to sign it, even if they wrote it and signed it and gave it to him and he gave it to her, it is Batel, until he tells the scribe 'write' and the witnesses 'sign.'

(Gemara): If one told two people 'tell Ploni to write, and Ploni and Ploni to sign' - R. Ze'ira said in the name of R. Yirmeyah that a case occurred in the days of Rav, and he said 'so will not be done in Yisrael.'

(Shmuel): It may be done [l'Chatchilah]!

Question (R. Yirmeyah, to Shmuel): If one told two 'write and give a Get to my wife', and they told a scribe and he wrote, and they signed, what is the law?

Answer (Shmuel): [If she remarried based on the Get] she must leave, but this requires investigation.

Question: Shmuel contradicts himself! There, he said 'it may be done' (one may make a Shali'ach to command others), and here he says so?!

Answer: Here is different, for they deviated in their testimony. (The husband told the witnesses themselves to write it.)

Question: Granted, [had they deviated and told other] witnesses and they signed [this would be a reason to disqualify. However, what is wrong if they told] a scribe, and he wrote? Is this not unlike R. Yochanan, for R. Yochanan said that if the Toref ('you are permitted to every man') was written in the Tofes (Lo Lishmah, it is Kosher, for it need not be written according to the husband's command!)

Answer: [Shmuel] holds like R. Yehudah, for R. Yehudah disqualifies a Tofes [written Lo Lishmah].