DAF DISCUSSIONS - BAVA BASRA 136

Mordechai Schwimmer asked:

The Gemara states that if the expression "From today and after death" is used in connection to a Get, the validity of the Get is in doubt. We are uncertain whether the phrase "after death" is a stipulation or a retraction.

The question arises: Why are we taking altogether into consideration the possibility of a retraction? According to the ruling of the Gemara in Nedarim 87a, a retraction concerning a Get is invalid, even if uttered immediately 'Toch Kedei Dibur'.

The difficulty cannot be deflected by answering that here the expression is written in the document, whereas as the Gemara in Nedarim is dealing with speech . Because an identical statement, considering the possibility of retraction, appears in Kidushin 59b, and over there the Gemara clearly deals in the case of speech and not writing.

The other possibility, namely, that only a retraction of the entire divorce act is invalid, whereas a retraction that only modifies the act is possibly valid, does not seem too convincing.

Sincerely,

Mordechai Schwimmer, Brooklyn, USA

The Kollel replies:

The idea of Chazarah here is not comparable to the Chazarah on the entire Get. In this case he is not retracting the Get, but the stipulation of "Hayom."

D. Zupnik