12th CYCLE DEDICATION
GITIN 76 - Dedicated by L. Feinberg towards meriting a Refuah Sheleimah for her cousin, Tamar bas Feige.

1)

TANAYIM ON A GET

(a)

(Beraisa #1 - R. Meir): If one said 'this is your Get on condition that you serve my father or nurse my son for two years', the Get is valid even if she does not, since he did not double the Tanai (if you do not serve...);

(b)

Chachamim say, the Get is valid only if she fulfills the Tanai;

(c)

R. Shimon ben Gamliel says, every Tanai in the Torah and prophets is doubled!

1.

Some explain that he challenges R. Meir. Since we have multiple sources from which to learn the law, we do not learn in general.

2.

Others explain that he challenges Chachamim. We learn from these sources that Tanayim must be doubled.

(d)

Contradiction (Beraisa #2 - R. Meir): If one said 'this is your Get on condition that you serve my father for two years, or that you nurse my son for two years', if the son or father dies, the Get is Pasul;

1.

Chachamim say, even if the Tanai was not fulfilled, the Get is valid.

i.

She can say, I am ready to serve or nurse. Bring your father or son!

2.

Both R. Meir and Chachamim contradict their opinions in Beraisa #1!

(e)

Answer - part 1 (for R. Meir): In Beraisa #2 he doubled the Tanai, so it is binding.

(f)

Answer - part 2 (for Chachamim): In Beraisa #2, they hold like R. Shimon ben Gamliel, who says that if she did not cause that the Tanai is not fulfilled, the Get is valid.

(g)

(Beraisa): If Reuven told his wife in front of witnesses 'this is your Get on condition that you serve my father for two years', and later told her in front of witnesses 'it is your Get on condition that you give me 200 Zuz', the latter Tanai does not cancel the former;

1.

If she fulfills either, the Get is valid.

(h)

If he said 'this is your Get on condition that you give me 200 Zuz', and later said 'this is your Get on condition that you give me 300 Zuz' (both times were in front of witnesses), the latter Tanai cancels the former. We cannot join one witness who saw the first Tanai with one who saw the second.

(i)

Question: To which clause does this refer?

1.

It cannot refer to the Seifa. The first Tanai was cancelled, so surely the witnesses who saw it cannot be used!

(j)

Answer: Rather, it refers to the Reisha.

(k)

Question: This is obvious!

(l)

Answer: One might have thought that since she can make her Get valid by fulfilling either Tanai, it is as if they are one Tanai, and witnesses can join. The Beraisa teaches that this is not so.

2)

A GET CONDITIONAL ON NOT RETURNING

(a)

(Mishnah): If Reuven was going from Yehudah to Galil, and he told his wife 'this is your Get on condition that I do not return within 30 days', if he reached Antiferas and returned, the Tanai is Batel (i.e. she is not divorced);

(b)

If he was going from Galil to Yehudah, and he said 'this is your Get on condition that I do not return within 30 days', if he reached Kefar Osna'i and returned, the Tanai is Batel.

(c)

If he was going abroad and made this Tanai, reached Ako and returned, the Tanai is Batel.

(d)

If he said 'this is your Get if I will go 30 days without seeing your face', if he was constantly leaving and returning, since he was not secluded with her, it is a (proper) Get.

(e)

(Gemara) Inference: The Mishnah implies that Antiferas is in Galil (the Tanai is void because he reached his destination and did not tarry);

(f)

Contradiction (Beraisa): Antiferas is in Yehudah. Kefar Osna'i is in Galil. In between we are in doubt. (If he returned after he passed Antiferas, but before he reached Kefar Osna'i, she has the stringencies of being divorced and not divorced.)

76b----------------------------------------76b

(g)

Answer (Abaye): The Mishnah agrees that Antiferas is in Yehudah. The case is, he made two Tanayim;

1.

He said 'if I reach Galil, the Get should take effect immediately. Or, if I delay 30 days before returning, the Get should be valid';

2.

Therefore, if he reached Antiferas, which is still part of Yehudah, and returned within 30 days, the Tanai is Batel.

(h)

(Mishnah): If he was going abroad... (and reached Ako, the Tanai is Batel)

(i)

Inference: This implies that Ako is in Chutz La'aretz.

(j)

Question: Rav Safra taught that when Chachamim of Bavel would return to Bavel, Chachamim of Eretz Yisrael would accompany them until Ako, for it is forbidden to leave Eretz Yisrael!

(k)

Answer (Abaye): The Mishnah agrees that Ako is in Eretz Yisrael. The case is, he made two Tanayim;

1.

He said 'if I reach Chutz La'aretz, the Get should take effect immediately. Or, if I delay 30 days before returning, the Get should be valid';

2.

Therefore, if he reached Ako, which is still part of Eretz Yisrael, and returned within 30 days, the Tanai is Batel.

3)

HOW SECLUSION CAN INVALIDATE A GET

(a)

(Mishnah): If he said 'this is your Get if I will go 30 days without seeing your face' (since they were not secluded, it is a (proper) Get).

(b)

Question: He did see her within 30 days (just they were not secluded)!

(c)

Answer #1 (Rav Huna): 'Seeing your face' is a euphemism for (the lower 'face', i.e.) Bi'ah.

(d)

Answer #2 (R. Yochanan): He literally meant seeing her face. The Mishnah does not say that she is divorced, rather that the Get is proper, i.e. it is not an old Get (in which they had Bi'ah between the writing and the giving);

1.

If he later fulfills the Tanai, the Get will take effect.

(e)

Support (Beraisa): If one said 'this is your Get if I will go 30 days without seeing your face', if he was constantly leaving and returning, since he was not secluded with her, it is a Get. We are not concerned for an old Get.

(f)

Version #1 - Question: We should be concerned lest he appeased her (Rashi - and was secluded with her; Tosfos - and cancelled the Get)!

(g)

Answer: (Rabah bar Rav Huna): The case is, he trusted her to say that he did not appease her.

(h)

Version #2 (Mishnah): If one said 'this is your Get from now if I don't come within 12 months', and he died within this time, the Get is valid.

(i)

Question: We should be concerned lest he appeased her!

(j)

Answer (Rabah bar Rav Huna): The case is, he trusted her to say that he did not come.

(k)

According to Version #2, in the Mishnah, when we do not know that he returned, Rabah bar Rav Huna would be concerned for appeasement had he not trusted her, all the more so in the Beraisa, when we know that he returned!

(l)

According to Version #1, in the Beraisa, when we know that he returned, had he not trusted her, we would be concerned for appeasement. In the Mishnah, when we do not know that he returned, even if he didn't trust her, we are not concerned.

4)

DOES A DATE PROVE WHEN A GET SHOULD TAKE EFFECT?

(a)

Mishnah: If one said 'this is your Get if I don't come within 12 months', and he died within this time' the Get is void;

(b)

If he said 'this is your Get from now if I don't come within 12 months', and he died within this time, the Get is valid;

(c)

If one said 'write and give a Get to my wife if I don't come within 12 months'; the Sheluchim wrote the Get within 12 months and gave it after 12 months, the Get is void;

(d)

R. Yosi says, it is a valid Get;

(e)

If they wrote and gave the Get after 12 months, and the husband died, if the Get was given before he died, it is valid. If not, it is Pasul. If we do not know, this is the case of (having the stringencies of) being divorced and not divorced.

(f)

(Gemara - Beraisa): (In the Reisha, when he did not say 'from now') our Rebbeyim permitted her to remarry.

(g)

Question: Who are these Rebbeyim?

(h)

Answer (Rav Yehudah): They are the Beis Din that permitted oil of Nochrim. They hold like R. Yosi, that the date on a document proves that that is the day it should take effect.

1.

(R. Aba): R. Yehudah Nesi'ah ruled this way. His colleagues never consented.

(i)

Question (R. Elazar): Did they permit her to remarry immediately, or after 12 months.

1.

She should be permitted immediately. Since he died, he cannot come, so the Tanai will definitely be fulfilled!

2.

Or, perhaps she must wait 12 months, until the Tanai was actually fulfilled.

3.

Question: Why didn't R. Elazar ask regarding the Seifa of our Mishnah ('this is your Get from now if I don't come within 12 months', and he died), from when she may remarry?

4.

Answer: He could have asked about the Mishnah. Since he asked an elder who was part of the Beis Din that permitted in the case of the Beraisa, he asked about the Beraisa.

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