GITIN 76 - Dedicated by L. Feinberg towards meriting a Refuah Sheleimah for her cousin, Tamar bas Feige.

[a - 45 lines; b - 44 lines]

1)[line 2]מאי שנא רישא ומאי שנא סיפא?MAI SHENA REISHA U'MAI SHENA SEIFA?- a) Since according to Rav Ashi it is as if he specified a time period of one day even in the first case of the Mishnah, the case in which the father or son died must be one in which they did so before she had either served the father or nursed the son whatsoever. In that case, why does the Get take effect if she has not fulfilled the condition (RASHI)?; b) When the condition specified that she must serve or nurse for two years, the Mishnah teaches that the Get is invalid when the father or son dies. This is because his intention clearly was to cause her work, as opposed to gaining benefit when and only when it was necessary. If so, then according to Rav Ashi the first case of the Mishnah should also require her to fulfill the condition for at least one day, since it is as if he specified a time period and therefore is primarily concerned with making her work! (TOSFOS DH Bishlama).

2)[line 6]לפי שלא אמר לה, "אם תשמשי... אם לא תשמשי..."L'FI SHE'LO AMAR LAH, "IM TESHAMSHI... IM LO TESHAMSHI..." - he did not make a doubled condition (TENAI KAFUL)

(a)Much of the time, a Chalos (legally binding effect) or Kinyan (act of acquisition or an act that results in a change in status) may be made Al Tenai (conditionally).

(b)There are certain rules that govern the proper formulation and application of a Tenai. All regulations of conditions are derived from the Tenai that Moshe Rabeinu stipulated with the tribes of Gad and Reuven. They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes during the conquest of Eretz Yisrael (see Gitin 75a, Kesuvos 74a).

(c)If a Tenai is not similar to that of Bnei Gad u'Vnei Reuven, it is as if no Tenai was stipulated and the resulting effect will occur whether or not the Tenai was fulfilled. Requirements derived from Tenai Bnei Gad u'Vnei Reuven include:

1.TENAI KODEM L'MA'ASEH - In a conditional statement, the condition must precede the subject ("If you..., then...) (Gitin 75b);

2.HEN KODEM L'LAV - The positive must be stated before the negative ("If you..., then..., but if you do not..., then...) (ibid.);

3.SHE'LO YIHEYEH TENAI U'MA'ASEH B'DAVAR ECHAD - a) The condition may not affect the subject of the action (i.e., "This is your Get but the paper upon which it is written remains mine") (RASHI to Gitin 75b DH b'Davar Echad); b) The condition may not preclude the action from happening (i.e., "This is your Get but the paper upon which it is written remains mine," in which case the Get does not take effect until it has already been returned) (TOSFOS ibid., DH d'Tenai);

4.EFSHAR L'KAYMO - It must be physically possible to fulfill the condition (Gitin 84a);

5.EFSHAR L'KAYMO AL YEDEI SHALI'ACH - A Tenai may only modify actions which one is able to perform through an agent (Shali'ach), such as purchases, sales, marriage, or divorce. Chalitzah, for example (see Background to 74:19), may not be done conditionally, since it cannot be accomplished through a Shali'ach (Kesuvos 74a).

(d)Moshe Rabeinu told the tribes of Reuven and Gad that if they would fight alongside their brethren in Eretz Yisrael then they would inherit Ever ha'Yarden, and that if they did not fight then they would not. That which he spelled out the ramifications of both their fulfillment of the stipulation as well as their inaction made it into a double-sided condition. This is termed a "Tenai Kaful." Rebbi Meir maintains that in this respect as well, all conditions must mimic Tenai Bnei Gad u'Vnei Reuven. If the Tenai was not doubled, it is as if no Tenai was stipulated. Rebbi Chanina ben Gamliel disagrees. He rules that "mi'Chlal Hen Atah Shome'a Lav" - from the positive (in this case, that which the stipulation was made to begin with) one may deduce the negative (that the desired effect will not take result if the condition is not fulfilled) (Mishnah, Kidushin 61a). RASHI (ibid. DH Rebbi Chanina) stresses that Rebbi Chanina ben Gamliel and Rebbi Meir disagree over the necessity of Tenai Kaful only. TOSFOS (ibid. DH Kol) maintain that this Machlokes extends to all of the requirements delineated in (c) above. Rebbi Meir requires them in order for the Tenai to affect the result, while Rebbi Chanina ben Gamliel maintains that the Tenai will affect the result even if these requirements are not met.

(e)There are opinions among the Rishonim which maintain that even Rebbi Meir does not require a Tenai Kaful under all circumstances.

1.The RAMBAM (Hilchos Ishus 6:17) rules that if one clearly states that he is making a condition by uttering the words "Al Menas..." ("on condition that..."), the Tenai need not be Kaful.

2.There are those who are of the opinion that the rules governing the validity of a Tenai apply only to Gitin and Kidushin, and not to sales, gifts, and the like (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).

3)[line 10]בכתוביםBI'CHESUVIM- in the twenty-four books of Tanach

4)[line 14]כל שני כתובים הבאין כאחד אין מלמדיןKOL SHNEI KESUVIM HA'BA'IN K'ECHAD EIN MELAMDIN - We may Not Derive Halachos from Two Verses that Teach the Same Halachah

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of them is "Binyan Av." A Binyan Av - literally "building through a father" - refers to the establishment of a certain law in one area of the Torah, and then applying it to other comparable circumstances.

(b)If the Torah goes out of its way to establish an identical law in two different area of Halachah, however, then this law may not be applied in other areas. If we were meant to do so, then the Torah would have established the law once, leaving us to apply it as applicable through a Binyan Av. That which the Torah specified the law twice implies that it is meant to apply only in the instances where the Torah specifies it.

(c)Some Tana'im maintain that the same Halachah expressed twice does not imply that we should not learn from them that it should not apply elsewhere. Such reasoning is appropriate only when the same Halachah is stated in a minimum of three places (Sheloshah Kesuvin ha'Ba'in k'Echad Ein Melamdin).

5)[line 17]גמרינן מינייהוGAMRINAN MINAIHU- we learn from them [that all conditions must be doubled (see Kidushin 61b)

6)[line 29]כל עכבה שאינה הימנה, הרי זה גטKOL AKAVAH SHE'EINAH HEIMENA, HAREI ZEH GET- [if a condition of a Get remains unfulfilled due to] any impediment that is not her fault, the Get is effective

7)[line 31]חזר ואמר להCHAZAR V'AMAR LAH- he then returns and tells her [before giving her the Get]

8)[line 32]לא ביטל דברי האחרון את הראשוןLO BITEL DIVREI HA'ACHARON ES HA'RISHON- his last words do not nullify his first [words nor do they add to them; rather, they give her another option in terms of how to render the Get effective]

9)[line 36]אין אחד מן הראשונים ואחד מן האחרונים מצטרפיןEIN ECHAD MIN HA'RISHONIM V'ECHAD MIN HA'ACHARONIM MITZTARFIN- one of the [two witnesses to the] first [condition] may not combine with one of the [two witnesses to the] second [condition to testify that the Get was given on condition]

10)[line 36]אהייא?A'HAYA?- which of [the two cases discussed in the Beraisa does the final Halachah qualify]?

11)[line 38]מכאן עד שלשים יוםMI'KAN V'AD SHELOSHIM YOM- lit. from now until thirty days; i.e., within thirty days' time

12a)[line 39]יהודהYEHUDAH- the section of Eretz Yisrael consisting of area south of the ancient city of Antipatris, near modern-day Rosh ha'Ayin

b)[line 39]גלילGALIL- the section of Eretz Yisrael north of Megido

13)[line 39]אנטיפרסANTIPRAS- Antipatris, the ancient strategic city built by King Herod and named for his father, Antipater. It was situated at the mouth of the Yarkon River (near the modern city of Kfar Saba). At this point, the Gemara assumes that Antipras is the first city in the Galil across the border from Yehudah.

14)[line 39]בטל תנאוBITEL TENA'O- his condition is null and void [and he is no longer able to use that Get to divorce his wife]

15)[line 40]כפר עותנאיKFAR OSNAI- a town located at the foot of the mountains of the Shomron, at the edge of the Yizre'el Valley close to Tel Megido. This is near the abandoned modern village of Lejjun. At this point, the Gemara assumes that Kfar Osnai is the first city in Yehudah across the border from the Galil.

16)[line 42]מדינת היםMEDINAS HA'YAM- lit. a land overseas; a distant place

17)[line 42]עכוAKO- the port city of Acco (ancient Ptolemais)

18)[line 42]כל זמן שאעבור מכנגד פניךKOL ZMAN SHE'E'EVOR KENEGED PANAYICH- as soon as I pass from before you

19)[line 43]לא נתיחד עמהLO NISYACHED IMAH- he did not seclude himself with her

20)[line 44]אנטיפרס ביהודה וכפר עותנאי בגלילANTIPRAS BI'YEHUDAH, U'CHEFAR OSNA'I B'GALIL- Antipras is in Yehudah [at its very edge closest to the Galil, and therefore one who divorced his wife on condition that he not go to the Galil who then turned around at Antipras has not fulfilled that condition], and Kfar Osnai is in the Galil [at its very edge closest to Yehudah, and therefore one who divorced his wife on condition that he not go to Yehudah who then turned around at Kfar Osnai has not fulfilled that condition]

21)[last line]בינתיםBEINTAYIM- [if he reached the area] in between [Antipras and Kfar Osnai and then turned around]

22)[last line]מטילין אותו לחומראMATILIN OSO L'CHUMRA- we treat his [marriage] stringently [and she may neither marry another yet nor marry a Kohen should he die before giving her another Get]


23)[line 1]תרי תנאי קאמר להTREI TENA'EI KA'AMAR- he made two stipulations

24)[line 2]מטינאMATINA- I arrive

25)[line 2]לאלתר ליהוי גיטאL'ALTAR LEIHAVEI GITA- the Get should be effective immediately

26)[line 3]משתהינא באורחאMISHTAHINA B'ORCHA- I dawdle upon the way

27)[line 3]לא אתינאLO ASINA- I do not come [back]

28)[line 8]כי הוו מיפטרי רבנן מהדדיKI HAVU MIFTEREI RABANAN ME'HADADEI- when the sages would take leave of each other [at the point that those who were visiting from outside of Eretz Yisrael were returning home]

29)[line 16]תשמישTASHMISH- marital relations

30)[line 17]לישנא מעליא נקטLISHNA MA'ALYA NAKAT- [the Tana of our Mishnah] chose to use a euphemism [when referring to the female genital area, which Chazal refer to elsewhere as her "lower face"]

31)[line 18]לא הוי גט ישןLO HAVEI GET YASHAN it is not deemed an old bill of divorce (GET YASHAN)

(a)Beis Shamai and Beis Hillel disagree in a case on which one writes a Get (divorce document), intending to give it to his wife, but secludes himself with her before doing so. Beis Hillel prohibit the use of such a Get. They are concerned that if a child is conceived after the date written on the Get, it will be assumed that he was conceived out of wedlock. Beis Shamai do not consider this possibility to be a cause for concern (Mishnah and Gemara, Gitin 79b).

(b)Rebbi Yochanan explains that our Mishnah did not say that she was divorced in such a case, but rather that the Get has not been rendered invalid as a Get Yashan. If he subsequently leaves his wife for thirty days, then she will be divorced with the Get that she is holding.

32)[line 18]לכי מלו תלתין יומיL'CHI MALU TELASIN YOMEI- lit. when thirty days are filled; i.e., when thirty days pass [that he is not in her presence]

33)[line 21]וליחוש שמא פייס?V'LEICHOSH SHEMA PIYES?- why are we not concerned that a) he appeased her [and secluded himself with her (RASHI)]; b) he appeased her [and decided to cancel the Get (RABEINU TAM, cited by TOSFOS to 18b DH Shema)]; c) [he will later claim that] he appeased her [and decided to cancel the Get (RI, cited by TOSFOS to 18b DH Shema)]? (See also Insights)

34)[line 22]באומר, "נאמנת עלי לומר שלא באתי"B'OMER, "NE'EMENES ALAI LOMAR SHE'LO BASI"- [the case is one in which] he [earlier] stated, "She is believed by me to say that I didn't come [a) and seclude myself with her" (RASHI); b) and cancel the Get" (RABEINU TAM, cited by TOSFOS to 18b DH Shema); c) in which case he will be embarrassed to later contradict her (RI, cited by TOSFOS to 18b DH Shema)]

35)[line 26]כל שכן אברייתאKOL SHE'KEN A'BERAISA- all the more so [must he understand the case of] the Beraisa [to be one in which he stated that he believes her, since the case of the Beraisa is one in which he is in close proximity to her]

36)[line 32]כזהKA'ZEH- in a case such as this [that the instructions preceded the condition]

37)[line 35]התירוה לינשאHITIRUHA LI'NASEI- allowed her to marry [one other that the Yavam in the first case of our Mishnah

38)[line 35]בי דינא דשרו מישחאBEI DINA D'SHARU MISHCHA- the Beis Din that lifted the prohibition against using oil of a Nochri. This refers to the Beis Din of Rebbi Yehudah Nesi'ah, the grandson of Rebbi.

39)[line 36]זמנו של שטר מוכיח עליוZEMANO SHEL SHTAR MOCHI'ACH ALAV - The Date of a Document Proves when it was Intended to Take Effect

(a)Every document, monetary or otherwise, must be dated to the current monarchy in order to be valid.

(b)Rebbi Yosi maintains that unless otherwise specified, the date implies the time at which that which is described in the document is intended to take effect, even if this involves a retroactive trigger. For example, if one bequeaths specific objects to one of his sons, this will not take effect unless he specifies within the document that this should take effect before his death. Otherwise, the Torah-mandated order of inheritance takes precedence at the time of death. Rebbi Yosi maintains that the date on the document proves that the deceased wished his orders to have retroactively taken effect then, and no further condition is necessary.

(c)In our case, Rebbi Yosi rules that the date on the Get implies that the husband wished for his wife to have been retroactively divorced from that date if he failed to return within the year (see Insights to 72a).

40a)[line 38]כל סיעתוKOL SIYATO- all in his Beis ha'Midrash

b)[line 38]כל שעתוKOL SHAITO- a) for his entire life (RASHI); b) [all in his Beis ha'Midrash] at the time (ARUCH Erech Sa)

41)[line 38]סבאSABA- an elderly man

42)[line 39]לאלתר שריתוה?L'ALTAR SHERISUHA?- did they permit her to remarry immediately [upon hearing that her husband died]?

43)[line 40]הא לא אתיHA LO ASI- he will [certainly] not come [and therefore the condition is as good as fulfilled]

44)[line 40]הא איקיים ליה תנאוHA IKAYEM LEI TENA'O- at that point his condition has been fulfilled (see Insights)

45)[line 41]ותיבעי ליה מתניתין?V'TIBA'I LEI MASNISIN?- and why not ask this same question on our Mishnah [instead of according to one opinion in a Machlokes among Amora'im]?

46)[line 43]משום דהוה בההוא מעשהMISHUM D'HAVAH BEHA'HU MA'ASEH- [he asked the elderly man regarding the opinion of the Beis Din of Rebbi Yehudah Nesi'ah] since he was there when [the actual ruling] occurred

47)[last line]היכא דאמר לכשתצא חמה מנרתיקהHEICHA D'AMAR, "LECHESHE'TETZEI CHAMAH MI'NARTIKAH"- [in a case] wherein one said [at night], "[This Get that I am giving you will be effective] when the sun comes out of its sheath (i.e. when it rises)"