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GITIN 82

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BRIEF INSIGHT

MARRIAGE PRIOR TO FULFILLING A CONDITION
 
The Machlokes between Rebbi Eliezer and the Chachamim is in a case that the husband gives the Get on condition that she does not marry Ploni. Rebbi Eliezer holds that she is permitted to marry anyone with the exception of Ploni. The implication is that even while Ploni is alive she may remarry. The Rashbam asks why is she permitted to remarry. Why aren't we concerned that she won't fulfill the condition, just like the Gemara stated earlier that if the wife received a Get on condition that she must give her husband 200 Zuz that she may not get remarried until she gives him the money. Rabeinu Elchanan answers that the condition of 200 Zuz is not always in her hands to fulfill, maybe she will lose all of her money and will not have the means to give him the money. But in our case we are not concerned that she will fail to fulfill the condition because she can't be forced to marry Ploni against her will.

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EXCEPT FOR PLONI
 
If a husband gives a Get to his wife and he says that you are permitted to everyone except for Ploni if he takes it from her and gives it back to her and he says that you are permitted to everyone or he says this is your Get she is divorced. (Rambam Hilchos Gerushin 8:17)

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