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GITIN 75

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SUMMARY

According to the second Lashon of Rava if a husband divorced his wife on condition that she gives him 200 Zuz she may give him the money against his will.
 
Anytime R. Shimon Ben Gamliel is mentioned in the Mishnah the Halachah is like him except for three instances and one of the exceptions is a woman who is divorced on condition that she gives him his cloak. (1)
 
If a husband says this is your Get and the parchment is mine the Get is not valid. (2)
 
If a husband divorced his wife on condition that she returns the parchment to him it is a valid Get and if she returns the parchment she is divorced. (3)
 
If a wife is divorced on condition that she gives his cloak according to R. Shimon Ben Gamliel the wife may pay the value of the cloak if the cloak is lost, but if the cloak is not lost she must give the cloak itself.
 
R. Meir holds that both sides of a condition must be spoken out.
 
All conditions are learned out from the conditions of Bnei Gad and Reuven and therefore the Tenai must be prior to the act and the Tenai and the act must be on two different things and the positive must be prior to the negative.
 
Rebbi holds when a condition is made in a Get the woman is divorced immediately from the time that she received the Get.
 
A Get of a Shechiv Mera should state if I don't die it shall not be a Get, if I die it shall be a Get and if I don't die it shall not be a Get. (4)
 
If a husband gives a Get on condition that she serves his father or nurses his son she must nurse for two years; R. Yehudah says she only must nurse for 18 months. (5)
 
If condition is to serve the father or nurse the son for two years, if the son dies or if the father says that he doesn't want her to serve him, even though she is not at fault it is not a Get.
 
R. Shimon Ben Gamliel says that the father's refusal to be served by her is not her fault and it is a Get.
 
The Beraisa states that if the husband gave a Get on condition that she nurses his son or serves his father if she serves the father or nurses the son for one day it is a Get. (6)

A BIT MORE

1. R. Shimon Ben Gamliel holds that if the cloak is lost she may give the value of the cloak instead.
 
2. Because the husband must make a Nesinah and since he is keeping the parchment for himself there is no Nesinah being made.
 
3. This is in accordance with Rebbi who holds that when a condition is made in the Get the woman is divorced immediately as long as she fulfills the condition, therefore in this case she is divorced while the Get is still in her hands as long as she returns the parchment sometime later.
 
4. If I don't die it shall not be a Get because a person should not start first with something bad but the phrase must be repeated because the positive must precede the negative.
 
5. Although she only must nurse for 2 years or 18 months she must serve the father for his entire life; if the son or father dies the Get is valid.
 
6. Rava says that the Beraisa is discussing a case that he explicitly said that she only has to nurse or serve him for one day. R. Ashi says that both the Beraisa and the Mishnah are discussing a case when he did not specify a length of time (Stam) and even in a case of Stam she only has to nurse or serve him for one day. That which the Mishnah states that she must nurse him for two year means to say that she must nurse one day with the first two year's of his life.

BRIEF INSIGHT

TENAI KAFUL
 
R. Meir holds that every Tenai must be a Tenai Kaful. With regards to the Tenai that Avraham Avinu made with his servant Eliezer when he sent him to find a wife for Yitzchak Avinu he did not make a Tenai Kaful when he said that if the woman does not wish to follow after you than you are free from the Shevu'ah. Yet we find that when Eliezer recounted the Tenai with Lavan and Besuel he stated a Tenai Kaful. He recounted: you will be free from the Shevu'ah if you go to my family and if they don't give her to you than you are free from the Shevu'ah. The Chasam Sofer explains that since Eliezer swore on the Bris Milah of Avraham Avinu the Shevu'ah is very stringent and a Tenai Kaful was not necessary. However, when Eliezer recounted the Shevu'ah with Besu'El and Lavah he chose not to tell them that he swore on a Bris Milah and therefore since the Shevu'ah was less stringent he instead said that it was a Tenai Kaful. This is not a lie because a Tenai Kaful is equal in stringency to a Shevu'ah on a Bris Milah.

QUICK HALACHAH

A GET WITH A CONDITION
 
If a husband gives a Get on condition that she nurses her son or serves his father for two years she must serve the father or nurse the son for two years. If the son or father dies before the end of 2 years or the father does not want her to serve him it is not a Get. (Rambam Hilchos Gerushin 8:20)

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