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Week 86 - Shabbat - 21 July 2001

GITTIN: CHAPTER 7: MISHNAH 7

"This is your get, if I do not come within thirty days"; and he was going from Judea to Galilee, he reached Antipatris and returned - his condition is cancelled. "This is your get, if I do not come within thirty days"; and he was going from Galilee to Judea, and he reached Kefar Othnai and returned - his condition is cancelled. "This is your get, if I do not come within thirty days"; and he was going to a land beyond the sea, and he reached Akko and returned - his condition is cancelled. "This is your get so long as I remain away from your face thirty days"; he went and came, went and came, since he was not in her company - then it is a get.

Kehati

If a person gives a get to his wife and says to her, "This is your get, if I do not come - back within thirty days," and he was going from Judea to Galilee - the Gemara explains that he actually stipulated two conditions with his wife. (1) that if he reached the Galilee, the get would take effect immediately, and (2) that if he did not reach the Galilee, and did not return within thirty days, the get would be valid; and he reached Antipatris - a city in northern Judea, on the border of the Galilee, and returned - before the end of the thirty days, his condition is cancelled - and the get is invalid, since he did not reach the Galilee, and he returned within thirty days.

And similarly, if a person says to his wife, "This is your get, if I do not come within thirty days"; and he was going from Galilee to Judea - and he stipulated that if he reached Judea, the get would take effect immediately, but if he did not reach Judea, and did not return within thirty days, the get would be valid, and he reached Kefar Othnai - in southern Galilee, on the border of Judea, and returned - within thirty days, his condition is cancelled - as explained above.

And similarly, if he said, "This is your get, if I do not come within thirty days"; and he was going to a land beyond the sea - he stipulated that the get would be valid when he reached the land beyond the sea, and if he did not reach the land beyond the sea, the get would only be valid if he did not return within thirty days, and he reached Akko - which is on the border of Eretz Israel (see 1:2, above), and returned - within thirty days, his condition is cancelled - and the get is cancelled, for he did not reach the land beyond the sea, nor was he absent for thirty days The mishnah teaches that Antipatris is within the bounds of Judea, Kefar Othnai is within the bounds of the Galilee, and Akko is within Eretz Israel (though it was taught regarding the conveying of a get (1:2) that Akko is regarded as being outside the borders of Eretz Israel).

If a person says to his wife, "This is your get so long as I remain away from your face thirty days" - during which I do not see your face, this will be your get - then even though he - the husband, went and came, went and came - and it is possible that he became reconciled with her and cancelled the get, since he was not in her company - during the time he went and came, we do not suspect that they become reconciled, and if he fulfilled his condition and did not see her for thirty days, then it is a get - The Gemara explains that on handing the get to his wife the husband declared that she will be believed if she says that they did not become reconciled, for otherwise the husband may dispute the get, alleging that they became reconciled and that he cancelled the get (Tosafot, Gittin 18b).

GITTIN: CHAPTER 7: MISHNAH 8

"This is your get, if I do not come within twelve months"; and he dies within twelve months - it is not a get. "This is your get from now, if I do not come within twelve months", and he dies within twelve months - then it is a get.

Kehati

Our mishnah teaches that if one divorces his wife conditionally, and dies before the condition is fulfilled, there is a difference between a condition which stipulates that the get can only take effect after the condition is fulfilled and a condition which stipulates that after the condition is fulfilled the get takes effect retroactively, from the time it was given to the woman.

If a person gives a get to his wife and says to her, "This is your get, if I do not come within twelve months" - from the day on which he gave her the get and he dies within twelve months - since he did not say, "This is your get from now," the get only takes effect after twelve months, and if he dies within the twelve months, it is not a - valid - get - since a get cannot be given posthumously, and if he left no offspring, she is liable to yibum (levirate marriage).

But if he says to her, "This is your get from now, if I do not come within twelve months" - by saying "from now," he makes the get retroactive from the time he gave her the get - and he dies within twelve months - even though it was not in his mind that death would prevent him from coming, for death is not a common personal expectation, then it is a - valid - get - because it takes effect retroactively, from the time it was given. The Gemara discusses whether his wife may marry immediately after his death, since he will not come and the condition is fulfilled, or whether she must wait until after twelve months when the condition is entirely fulfilled, for it may be argued that he did have death in mind, and did not intend the divorce to take effect until after twelve months (Ran). This issue is not resolved, and the more stringent ruling was adopted (Tosefot Yom Tov).

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