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GITIN 73

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SUMMARY

If a husband gives a Get to his wife and he says this is a Get from today if I die from this illness, if he recovers from his illness and immediately falls ill from another illness, if he went to the Shuk with his cane before he died we must make an assessment. (1)
 
If he did not go to the Shuk no assessment is necessary and it is certain that his first illness caused his death.
 
If a Shechiv Mera recovers from one illness and immediately falls ill from another illness and then he dies any gift that he gave is valid. (2)
 
Abaye and Rava agree that if a Shechiv Mera gives a Get to his wife unconditionally the Get is valid even if he recovers. (3)
 
When a person is Mekadesh a woman he does so in accordance with the Da'as of the Rabanan and the Rabanan may uproot the Kidushin from him.
 
If a husband says that this is my Get from today if I die or he says that this is my Get from today if I don't recover from my illness, if a house collapses on him or if he is bitten by a snake it is not a Get. (4)
 
If someone sells a field and accepts upon himself any Ones that will occur he is not responsible for an Ones that is unforeseen.
 
If a Beraisa is contradictory from the Reisha to the Seifa it is considered unreliable and one may not ask a question from it.
 
If someone gives a Get and he says that this shall be a Get from today if I die he may not have Yichud with her without at least a servant present, but her own maidservant's presence is not sufficient. (5)
 
If someone gives a Get to his wife and he says it shall go into effect the second before I die his wife is regarded as a married woman until she dies according to R. Yehudah.
 
R. Yosi says that she is regarded as Safek Megureshes until he dies.
 
The Tana Kama says that if someone says that this shall be a Get from today if I die and he went into Yichud with her in the dark or slept at the foot of her bed we do not suspect that he had relations with her.
 
Rabah Bar Avuha says that according to the Tana Kama if we saw them have Bi'ah we suspect that he was Mekadesh her but if he gave her money afterwards we are not concerned for Kidushin.
 
R. Yosi Bar Yehudah holds that even if he gave her money afterwards we are concerned for Kidushin.
 
Abaye says that according to the Tana Kama even if we saw them have Bi'ah we are not concerned that he was Mekadesh her.
 
R. Yosi Bar Yehudah holds that if we saw them have Bi'ah we are concerned for the possibility that he was Mekadesh her.
 
Rava says that R. Yosi Bar Yehudah holds that even if we did not see them have Bi'ah if he was in Yichud with her we are concerned for the possibility that he was Mekadesh her.

A BIT MORE

1. We must asses if his first illness caused his death.
 
2. Even though a Shechiv Mera may retract his gift if he recovers, however in this case it is not considered a recovery since he immediately fell ill from a second illness.
 
3. Even though m'Ikar ha'Din once the Shechiv Mera recovers the Get is invalid, but because of a Gezeirah that people may think that a Get may be given after death the Get is valid and the Rabanan uproot the Kidushin.
 
4. Even though the condition was fulfilled because he died before he recovered from his illness, however since he died in a manner that he could not have foreseen he did not have such a death in mind when he made the condition and thus the Get is not valid.
 
5. We are afraid that if he has Yichud with her he will have relations with her l'Shem Kidushin and a new Get will be required.

BRIEF INSIGHT

K'DAS MOSHE V'YISRAEL
 
When a person is Mekadesh a wife he does so in accordance with the Da'as of the Rabanan. Tosfos explains for that reason we say at the time of Kidushin k'Das Moshe v'Yisrael. The Pnei Yehoshua asks that in a Get it is also written k'Das Moshe v'Yisrael so why don't we say that anyone who divorces his wife does so in accordance with the Da'as of the Rabanan and the Rabanan said that a Shechiv Mera who gives a Get may not retract if he recovers. The Pnei Yehoshua answers that the Rabanan do not have the authority to validate a Get that is Batel. Although they have the power to uproot a Kidushin by means of turning the Kesef into a gift or by making the Bi'ah into a Bi'as Znus, it is impossible to validate a non-Kosher Get.

QUICK HALACHAH

GET OF A SHECHIV MERA
 
A Shechiv Mera who wrote a Get for his wife and he divorced her and then he recovers he may not retract the Get because a Get is not the same as a gift; if he would be permitted to retract a Get people may think that a person may give a Get after death just as his gift is only Koneh after death. If someone says that this shall be a Get from today if I die from this illness and a house collapsed on him or he was bitten by a snake or killed by a lion it is not a Get. If he says that this shall be a Get if I don't recover from this illness and a house collapsed on him or he was bitten by a snake or killed by a lion it is a Safek Get. (Rambam Hilchos Gerushin 9:16,17,18)

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