THE CONDITIONAL GET
R. Yehudah Nesi'ah: Last night, we permitted oil of Nochrim.
R. Simla'i: You will permit even their bread!
R. Yehudah Nesi'ah: No, for then we would be called a permissive Beis Din.
(Mishnah): Yosi ben R. Yo'ezer testified that Ayil Kamtza (a species of grasshopper) is permitted, that liquids (blood and water) in the Azarah (courtyard of the Mikdash) are Tahor, and that one who touches a Mes (corpse) is Tamei (later, this will be explained differently), and they called him 'permissive Yosi.'
R. Simla'i: He permitted three things. Bread would be only your second!
R. Yehudah Nesi'ah: I also permitted a conditional Get;
(Mishnah): If Reuven gave a Get to his wife, and said 'this is your Get if I do not return within 12 months', and he died during the 12 months, (since he died before the Get takes effect,) the Get does not take effect;
(Beraisa): Raboseinu permitted her to marry (even if she would have fallen to Yibum without the Get).
(Rav Yehudah): 'Raboseinu' is the Beis Din that permitted oil. They hold like R. Yosi, who says that the date on a document (on condition) proves that it was intended to take effect from that day (therefore, the Get took effect before he died).
(R. Aba brei d'R. Chiya bar Aba): R. Yehudah Nesi'ah's colleagues did not agree with him.
Question (R. Elazar, of a Chacham who was on that Beis Din): Did you permit her to marry immediately after her husband died (since the condition will surely be fulfilled);
Or, must she wait until 12 months (Ramban - then, the condition is properly fulfilled; Tosfos - this is a decree, lest other women remarry within the year even though their husbands did not die)?
The Chacham: Why didn't you ask me about the Mishnah?
(Mishnah): If one said 'this is your Get from now if I do not return within 12 months', and he died during the 12 months, the Get takes effect.
You could ask, may she remarry immediately (since he will not come), or must she wait 12 months?
R. Elazar: I asked about the Beraisa, because you were part of the Beis Din that permitted that case.
(Abaye): All agree that if he said '(this is your Get) when the sun comes out', it does not take effect until morning. If he died before morning, the Get is void (since it did not take effect in his lifetime);
All agree that if he said 'on condition that the sun will come out', it takes effect from now (but she may not marry until morning). If he died before morning, the Get is valid;
(Rav Huna): 'On condition that' is like saying 'from now.'
They argue in a case that he said 'Im (if) the sun will come out.' R. Yehudah Nesi'ah holds like R. Yosi, that the date on the Get proves that he wants it to take effect from now, this is like saying 'from today if I die' (a valid Get);
Chachamim argue with R. Yosi's law (or say that it does not apply here, for the stipulation is not written in the Get - Tosfos). It is as if he said 'this is your Get if I die' (which is invalid).
THE LENIENCIES OF YOSI BEN YO'EZER
(Mishnah): Yosi ben R. Yo'ezer testified that Ayil Kamtza is permitted, that liquids in the Azarah are Tahor, and that one who touches a Mes is Tamei, and they called him 'permissive Yosi.'
Question: What is Ayil Kamtza?
Answer #1 (Rav Papa): It is Shushiva (a long-headed grasshopper).
Answer #2 (Rav Chiya bar Ami): It is Susbil (a species of grasshopper).
Rav Papa says that (Yosi and Chachamim) argue about long-headed grasshoppers. Yosi permits them, Chachamim forbid them.
Rav Chiya bar Ami says that all agree that long-headed grasshoppers are forbidden (Tosfos - permitted);
They argue about species whose wings cover a bare majority of the grasshopper: Yosi permits them, and Chachamim require that the wings cover a clear majority of the grasshopper.
(Mishnah): Liquids in the Azarah are Tahor.
Question: What does this mean?
Answer #1 (Rav): They do not receive Tum'ah at all.
Answer #2 (Shmuel): They do not impart Tum'ah, but they themselves receive Tum'ah.
Rav says that they do not receive Tum'ah at all. He holds that liquids do not receive Tum'ah mid'Oraisa, only mid'Rabanan;
Chachamim decreed Tum'ah on other liquids, but not in the Azarah.
Shmuel says that liquids in the Azarah do not impart Tum'ah. He holds that liquids receive Tum'ah mid'Oraisa, but they impart Tum'ah only mid'Rabanan;
Chachamim decreed that other liquids impart Tum'ah, but not liquids in the Azarah.
(Mishnah): ... and that one who touches a Mes is Tamei, and they called him 'permissive Yosi.'
Question #1: This last ruling is a stringency. It is not a leniency!
Question #2: This law is explicit in the Torah (why did he have to testify about it) - "v'Chol Asher Yiga... Oh v'Mes"!
Answer #1 (to both questions): Mid'Oraisa, Noge'a (one who touches a Mes) is Tamei. Chachamim decreed that Noge'a b'Noge'a (one who touches one who touches a Mes is also Tamei. Yosi annulled the decree, and ruled according to Torah law.
Objection: Mid'Oraisa, Noge'a b'Noge'a is Tamei - "v'Chol Asher Yiga Bo ha'Tamei Yitma"!
Answer (Rabanan citing Rav Nachman): Mid'Oraisa, one who touches one who is touching a Mes is Tamei seven days. One who touches one who touched a Mes is Tamei until nightfall;
Chachamim decreed that also in this latter case, he is Tamei for seven days. Yosi annulled the decree, and ruled according to Torah law.
Question: What is the source that mid'Oraisa he is Tamei until nightfall?
Answer - Contradiction: It says "ha'Noge'a b'Mes... v'Tamei Shivas Yamim", and "v'Chol Asher Yiga Bo ha'Tamei Yitma (implying, also seven days), and "veha'Nefesh ha'Noga'as Titma Ad ha'Arev"!
Answer: The second verse discusses one who touches one who is touching a Mes. The last verse discusses one who touches one who touched a Mes.
Objection (Rava): Rav Nachman did not explain this way!
Answer #2 (Rava citing Rav Nachman): Yosi ruled that Safek Tum'ah in a Reshus ha'Rabim is Tahor.
Question: All agree to this. We learn from Sotah!
Safek Tum'ah of a Sotah is Tamei, but this is only to a Reshus ha'Yachid. In a Reshus ha'Rabim, Safek Tum'ah is Tahor!
Answer: R. Yochanan taught that the Halachah is, it is Tahor, but we do not publicize this;
Yosi taught that we publicize it.
Support (Beraisa - R. Yehudah): Yosi put beams to show people where is considered the Reshus ha'Rabim (regarding Tum'ah);
R. Yanai would tell people (who became Safek Tamei in a Reshus ha'Rabim) to immerse.
(Mishnah): Bishul Akum (a food that a Nochri cooked) is forbidden.
Question: What is the source of this?
Answer #1 (R. Chiya bar Aba): "Ochel ba'Kesef Tashbireni v'Achalti u'Mayim..." - just like we may drink water of Nochrim, which has not changed, also we may eat their food only if it has not changed.
Objection: If so, it should be forbidden to eat Kelayos (wheat that was dried in an oven) of a Nochri!
Suggestion: Perhaps that is true!
Rejection (Beraisa): If a Nochri made Kelayos out of wheat, it is permitted.
Answer #2: Rather, just like we may drink their water, which is in its natural form, also we may eat their food only if it is in its natural form.
Objection: If so, if a Nochri ground wheat, the flour should be forbidden!
Suggestion: Perhaps that is true!
Rejection (Beraisa): Kelayos that a Nochri made out of wheat, and flour or fine flour of a Nochri, are permitted.
Answer #3: Just like we may drink water of Nochrim, which has not changed through fire, also we may eat their food only if it has not changed through fire.
Objection: The Torah does not say that it depends on whether or not it changed through fire!
Answer #4: Chachamim decreed against Bishul Akum. The verse is only an Asmachta.