ACTIONS OF A SHECHIV MERA [line 3]
Suggestion: This implies that if a Shechiv Mera who went from one illness to another (and died) gave a gift, it is valid!
Answer: Yes!
(R. Elazar): If a Shechiv Mera went from one illness to another (and died), if he gave a gift, it is valid.
(Rabah and Rava): If a Shechiv Mera gave a Get, he cannot retract if he recovers. This is a decree, lest people think that a Get can work after the husband dies.
Question: Can it be that (if he retracts, mid'Oraisa the retraction is valid, so) the Get is Pasul, and Chachamim decree that she is considered divorced?!
Answer: Yes! Everyone who is Mekadesh a woman intends that the Kidushin be like Chachamim say. Chachamim make such a Get to work by saying that the Kidushin was void retroactively.
EXCEPTIONAL ONSIM [line 14]
(Beraisa): If one said 'this is your Get from today if I die from this sickness', and the house caved in on him or he was bitten by a snake, the Get is Pasul;
If he said '...if I do not recover from this sickness' and the house caved in on him or he was bitten by a snake, the Get is valid.
Question: Why is the law different in the Seifa?
Answer (Chachamim of Eretz Yisrael): We did not learn (that the Get is valid) when a lion ate him. (The Seifa is mistaken.)
A case occurred in which Reuven sold land to Shimon, and accepted Acharayus (responsibility) to compensate him for any Ones (an unavoidable loss of the land). A river was rerouted through the land.
Ravina: He accepted Acharayus for any Ones!
Rav Acha bar Tachlifa and Rava: This is an exceptional Ones. (He did not accept Acharayus for such an Ones.)
Question (Ravina - Beraisa): If he said '...if I do not recover from this sickness' and the house caved in on him, or he was bitten by a snake, the Get is valid.
Counter-question (Rava): The Reisha of that Beraisa says that the Get is Pasul!
Question (Rav Acha mi'Difti): Granted, there is a contradiction within the Beraisa. Does this mean that one cannot ask from it?!
Answer (Ravina): Yes! Since there is a mistake in the Beraisa, we cannot rely on it. We rely on reasoning (he did not accept such an Ones).
Rav Papa and Rav Huna brei d'Rav Yehoshua hired sailors to transport some sesame. The workers accepted Acharayus for any Ones. The river was dammed up. They asked the sailors to pay for donkeys to take the sesame.
Rava: The sailors are exempt. This is an exceptional Ones.
ONE WHO WAS SECLUDED WITH HIS CONDITIONALLY DIVORCED WIFE [line 42]
(Mishnah): (If a Get was given 'from today if I die',) the husband and wife may not be secluded together;
It suffices to have anyone with them, even a slave, except for her Shifchah, for she feels no shame in front of her Shifchah.
Question: What is her status in the interim?
Answer #1 (R. Yehudah): She is fully married;
Answer #2 (R. Yosi): She has the stringencies of being divorced and not divorced.
(Gemara - Beraisa): If witnesses saw that they were together in the dark, or that she slept with him below the foot of the bed, we are not concerned for another matter (this will be explained). We are concerned for Zenus (extramarital relations). We are not concerned for (Bi'ah with intent for) Kidushin.
R. Yosi b'Rebbi Yehudah says, we are concerned even for Kidushin.
Question: What does the Beraisa mean?
Answer #1 (Rav Nachman): If witnesses saw that they had Bi'ah, we are concerned for Kidushin;
If he gave her money (after Bi'ah), we are concerned for harlotry. The money was her hire. We are not concerned for Kidushin;
R. Yosi b'Rebbi Yehudah says, even in this case we are concerned for Kidushin.
Question: According to Rav Nachman, like which Tana'im in our Beraisa is Rabah's teaching?
(Rabah bar bar Chanah): If witnesses did not see Bi'ah, Beis Hillel and Beis Shamai agree that another Get is not needed. Beis Hillel require another Get only when witnesses saw that they had Bi'ah.
Answer: His teaching is like Chachamim and like R. Yosi b'Rebbi Yehudah.
Objection (Abaye): The Beraisa does not mention money!
Answer #2 (Abaye): Rather, the Beraisa means that if witnesses saw that they had Bi'ah, we are concerned for Zenus. We are not concerned for Kidushin;
R. Yosi b'Rebbi Yehudah says, we are even concerned for Kidushin.
Question: According to Abaye, like whom is Rabah's teaching?
Answer: It is like R. Yosi b'Rebbi Yehudah.
Objection (Rava): If so, why does the Beraisa say that we are concerned even for Kidushin? (It is the only concern. Harlotry does not create any additional Isurim!)
Answer #3 (Rava): Rather, R. Yosi b'Rebbi Yehudah says, even if witnesses did not see Bi'ah, we are concerned for Kidushin.
Question: According to Rava, like whom is Rabah's teaching?
Answer: It is not like either Tana.
A CONDITIONAL GET [line 31]
(Mishnah) Question: What is her status in the interim?
Answer #1 (R. Yehudah): She is fully married;
Answer #2 (R. Yosi): She has the stringencies of being divorced and not divorced.
(Beraisa): This applies only if he dies (from the sickness).
Question: When he dies, why does the Get help? A Get cannot take effect after death!
Answer (Rabah): The case is, he said '(the Get should take effect) at the last moment I am in the world' (Rashi; Tosfos - it is as if he said this).
(Beraisa - R. Yehudah): In the interim, her husband has the following privileges: he receives Hefker objects that she finds and her earnings; he can annul her vows; (if she would die) he inherits her and (if he is a Kohen) becomes Tamei to engage in her burial.
The rule is, she is like his wife in every respect, just she does not need another Get.
R. Meir says, if she has Bi'ah with another man, liability for this is contingent (not yet determined).
R. Yosi says, if she has Bi'ah with another man, it is a Safek whether they are liable for this.
Chachamim say, she has the stringencies of being divorced and not divorced, provided that he (eventually) dies from the sickness.
Question: What do R. Meir and R. Yosi disagree about?
Answer (R. Yochanan): R. Meir holds that they bring a Korban Asham Taluy (for one who is unsure whether or not he sinned) for Bi'ah. R. Yosi exempts.
Question: Chachamim and R. Yosi do not disagree!
Answer: They disagree about R. Zeira's law.
(R. Zeira): Whenever Rabanan said 'she is divorced and not divorced', he is obligated to feed her. (Chachamim obligate him; R. Yosi does not.)