More Discussions for this daf
1. Marry, don't divorce! 2. Second Wife 3. Kohen Gadol gives a get to the second wife on t'nai
4. Marrying a Ketanah on Yom Kipur 5. A Marriage on Yom Kipur 6. Tenai Kaful
7. The last Tenai of the Gemara 8. A retroactive Get after the woman's death 9. Wife Died in "mid-Avodah"
10. Conditions by which the High Priest takes a Second Wife. 11. Marital status of Kohen Gadol 12. כהן גדול מקריב אונן ואינו אוכל

Yakov Bodner asks:

We learned that the Cohen Gadol gives a get to the second wife on t'nai that the first wife survives Yom Kippur.

What happens (as we learned, happened quite often in Bayis Sheini) that the Cohen Gadol died while doing the avoda. Does the second wife become an almana when he dies, or does she become a gerusha l'mafrea when the first wife survives Yom Kippur? The obvious nafka mina being whether or not she can marry a cohen hedyot after.

Yakov Bodner (cousin of Rabbi Kornfeld), Cedarhurst, NY

The Kollel replies:

1) We can compare this to the Gemara Avoda Zara 37a where Abaye said that if the husband said to his wife, during the night, that this is your Get on condition that the sun will emerge from its sheath, this means that he is giving her the Get "MaiAchshav"; from now; and if he dies during the night the condition takes effect (at sunrise; see Rambam Hiclhos Gerushin 9:15) because he made it "now"; when he was still alive; which means that he gave her the Get when he was still alive, so it is valid.

This works according to the rule of Rav Huna (Gitin 84a etc.) that anyone who says "Al Menas"; on condition; is considered as though he said it applies "from now".

2) Therefore, in our Gemara 13b, when he says to the second wife "'Al Menas' that your colleague will not die on Yom Kippur", the fact that he said "Al Menas" is equivalent to saying "from now". Therefore the Get was given before he died and if he died later on, during Yom Kippur, the Get takes effect. It follows that the second wife is a gerusha as soon as the condition that the first wife survives to the end of Yom Kippur is fulfilled. She can no longer marry a Cohen Hedyot.


Dovid Bloom