Bkvod Haraav
Since the gemara's conclusion on amud beis is that a tenai that is forever renders a get pasul, how does the gemara reconcile the shakla vetarya on amud alef in the case of al minas? Wouldn't those cases of al minas render the get invalid since the husband didn't stipulate that the tenai is for a specific time period?
Thank you.
Daniel Sheinfil, Pomona, NY USA
The Rambam Hilchot Gerushin 8:12 seems to learn that the Halacha does not follow the sugya on 83a. This appears from what the Rambam writes that if he says "this is your Get on condition that you do not marry such and such" it is invalid because it is similar to saying "on condition that forever you will not drink wine". Rambam adds that if he says "on condition that you do not marry such and such within the next 50 years" it is valid (because it is not forever).
KOL TUV
Dovid Bloom
Follow-up reply:-
We saw above that the Rambam maintains that one cannot reconcile the conclusion on amud beis with the gemara on amud alef so we have to say that the halacha does not follow the sugya on amud alef. However the Ramban gives a different solution. If he says "on condition that you do not marry such and such" that is not considered a tenai that is forever because it is possible that "such and such" might die in her lifetime and if that happens she is totally cut off from her former husband since she will never be able to marry such and such. According to the Ramban, it is sufficent that it is possible that it will come to Kerisus; a cut off; and we do not require that it will certainly come to Kerisus.
Best wishes
Dovid Bloom
The difference between "if you do not drink wine during the lifetime of such and such" and "if you do not marry such and such":-
The Ran, on the Rif, writes that the words of the Rambam are amazing! What is the difference between "on condition that you do not marry Ploni"; which the Rambam paskens is not a Get because it does not cut them off; and between "on condition that you do not drink wine in the lifetime of Ploni" which the Gemara 83b states is a good cut-off?!
The Ran answers that "you will not marry Ploni" means that she can never marry him when he is alive, and she can also not marry him after he dies for the simple reason that a woman cannot marry a dead man. So this means that the husband has placed a tenai on the Get that she can never ever marry a particular individual. Therefore this is not Kerisus since the husband and wife are not cut off, since there is something that still unites them; namely that if she marries Ploni this means the original husband and wife were never totally separated since marrying Ploni means that the original couple reurn to each other.
This is not the same as "that you do not drink wine as long as Ploni is alive". In this case, if Ploni dies before her this means that the ex-husband and wife are totally cut off from each other. Since it is possible that it may come to a total Kerisus, the Rambam agrees that it is a valid Get.
Yasher Koach
Dovid Bloom