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GITIN 74

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SUMMARY

If a husband gives a Get to his wife on condition that it will go into effect his last moment in the world she is regarded as an Eishes Ish until he dies according to R. Yehudah.
 
R. Meir holds that if someone has relations with her he is Patur from a Korban Chatas, if the husband eventually dies from his illness. (1)
 
R. Yosi holds that that if someone has relations with her it is a Safek and he must bring an Asham Taluy. (2)
 
The Chachamim agree with R. Yosi that it is a Safek if she is an Eishes Ish however they hold that the husband must provide her with Mezonos until his death.
 
If the husband gives a Get to his wife on condition that she gives him 200 Zuz, she is divorced and she must give the 200 Zuz..
 
If he gives her the Get on condition that she gives 200 Zuz within 30 days if she gives the 200 Zuz within 30 days she is divorced and if not she is not divorced.
 
If the Get gets lost before the wife gives the 200 Zuz R. Huna holds that it is a Get and R. Yehudah argues. (3)
 
If a person is Mekadesh a woman on condition that he gives her 200 Zuz and she accepts Kidushin from another person before he gives the 200 Zuz, R. Huna holds that she is Mekudash to the first person.
 
R. Yehudah holds that she is Mekudash to the second person. (4)
 
The Tana Kama holds that if a husband gives a Get on condition that his wife gives him 200 Zuz, if he dies before she gives the money she is not divorced.
 
R. Shimon Ben Gamliel says that she may give the 200 Zuz to one of his relatives even after his death and she will be divorced retroactively. (5)
 
Rebbi says that when a condition is made with the Nesinah of the Get it goes into effect from the day it was given.
 
Rebbi says that if a Get is given from today and after death it is regarded as a condition and it is a Get, while the Chachamim hold it is a Safek Get.
 
The Tana Kama holds that if a husband gives a Get to his wife on condition that she gives him his cloak if the cloak is lost it is not a Get.
 
R. Shimon Ben Gamliel says that if the cloak is lost she may give him instead the value of the cloak.
 
If a person is Mekadesh a woman on condition that he gives her 200 Zuz and the husband says that he is Mochel the money she is not divorced.
 
R. Meir says that if someone makes a Neder that his friend may not benefit from him if he doesn't give his son a Kor of wheat and two jugs of wine, he is forbidden to benefit from him until he gives it to the son.
 
The Chachamim say that if the person who made the Neder says that I regard it as if my son received Yehoshua bin Nun wheat and the wine the Neder is permitted.
 
If someone tells his sharecropper that I will give you a third of the produce if you water my field four times if it rains when it was due to water for the fourth watering it is a Machlokes if the sharecropper receives a third or a fourth of the produce. (6)
 
Hillel ha'Zaken decreed that the seller of a house in a walled city may throw the purchase money into a Lishkah on the last day of the year and break into the house. (7)
 
Rava says that if a husband divorced his wife on condition that she gives him 200 Zuz if he accepts the money willingly she is divorced but if she gives him the money forcibly she is not divorced.

A BIT MORE

1. R. Meir holds that if a husband gives a Get to his wife on condition that it will go into effect his last moment in the world if he dies from his illness the Get goes into effect retroactively from the time that it was given and therefore if he dies from his illness the person who had relations with her is Patur. If he doesn't die from his illness however, the person who had relations with her is Chayav a Chatas.
 
2. R. Yosi agrees with R. Yehudah that the Get only goes into effect the moment before he dies, however each second that passes is a Safek because maybe the husband will die the next second and therefore a person who has relations with her is not Chayav a Chatas and instead he brings an Asham Taluy.
 
3. R. Huna holds that the Get goes into effect retroactively from the time that it was given and R. Yehudah holds that the Get only goes into effect from the time that the money is given.
 
4. R. Huna holds that the Kidushin goes into effect retroactively and therefore the first Kidushin is in effect, while R. Yehudah holds that the Kidushin goes into effect only when the money is given and therefore the second Kidushin is the one that is in effect.
 
5. Both the Tana Kama and R. Shimon Ben Gamliel agree that the Get goes into effect retroactively from the time that it was given, however the Tana Kama holds that the 200 Zuz must be given to the husband and not to his relatives, while R. Shimon Ben Gamliel holds that it may also be given to his relatives.
 
6. Typically a sharecropper waters the field three times and receives a quarter of the produce and in this case the owner offered the sharecropper a third of the produce if he will water the field a fourth time, but it turned out to be unnecessary because it rained when he was due to water the field the fourth time.
 
7. A person who sells a house in a walled city may redeem it within a year. If the buyer hides on the last day of the year so that it can't be redeemed the seller may throw the redemption money into the Lishkah and forcibly take the house back.

BRIEF INSIGHT

MARRYING PRIOR TO THE FULFILLMET OF THE CONDITION
 
The Gemara says that if a husband gives a get to his wife on condition that she gives him 200 Zuz, she may not remarry until she gives the money. The Ran says that although the Gemara states that she may not remarry until she gives the money, there are certain conditions that do not have to be fulfilled before she gets remarried. Anytime a condition is made that is in her hands to fulfill and it is a passive condition which doesn't require anything proactive on her part, she may remarry even before the condition is fulfilled and we are not concerned that it will not be fulfilled. However, conditions that are proactive and require some action on her part must be fulfilled before she gets remarried because we are concerned that it will not be fulfilled.

QUICK HALACHAH

A CONDITIONAL GET
 
When the husband gives a Get conditionally during the time between the acceptance of the Get and the fulfillment of the condition the wife is regarded as a divorcee for all purposes except that it is forbidden for her [former husband] to go into Yichud with her. (Rambam Hilchos Gerushin 9:19)

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