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GITIN 76

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

SUMMARY

If a husband gives a Get on condition that she serves his father or nurses his son for 2 years even if she doesn't fulfill the condition it is a Get according to R. Meir. (1)
 
The Chachamim hold that if she fulfils the Tenai it is a Get but otherwise it is not a Get.
 
If the husband makes a Tenai Kaful and he says that it is only a Get if she serves his father or nurses his son for two years if the father or son die is not a Get.
 
The Chachamim hold that even if the father or son dies it is a Get. (2)
 
If the husband says in front of two witnesses that the Get is conditional on her serving his father for two years and than he says in front of two other witnesses that it is conditional on her giving him 200 Zuz she may choose which one of the conditions to fulfill. (3)
 
If the husband says in front of two witnesses that the Get is conditional on her giving him 200 Zuz and than he says in front of two other witnesses that it is conditional on her giving him 300 Zuz the second Tenai voids the first Tenai.
 
If the husband gives a Get to his wife and he says that if I don't return within thirty days it shall be a Get and he was going from Yehudah to Galil if he reaches Antipras and returned within thirty days the Get is void. (4)
 
If the husband gives a Get to his wife and he says that if I don't return within thirty days it shall be a Get and he was going from Galil to Yehudah if he reaches Kfar Asinai and returned within thirty days the Get is void. (5)
 
If the husband gives a Get to his wife and he says that if I don't return within thirty days it shall be a Get and he was going from Eretz Yisrael to Chutz la'Aretz if he reaches Ako and returned within thirty days the Get is void. (6)
 
If the husband says if I don't return within thirty days it shall be a Get and he was going from Yehudah to Galil and he reached a point between Antipras and Kfar Asinai it is a Safek if the Get is void.
 
When the Rabanan accompanied the Talmidim back to Chutz la'Aretz they only accompanied them as far as Ako because it is forbidden to go from Eretz Yisrael to Chutz la'Aretz.
 
If the husband gives a Get and he says that this Get shall go into effect when I go away for thirty days and he traveled back and forth, since there was no Yichud (seclusion) it is a Get. (7)
 
If the husband says that this shall be a Get if I don't return within 12 months of he dies within 12 months it is not a Get. (8)
 
If the husband says that this shall be a Get from now if I don't return within 12 months of he dies within 12 months it is a Get.
 
If the husband says if I don't come back within 12 months write and give a Get to my wife if the Get is written within 12 months it is not a Get.
 
If the husband says write and give a Get to my wife if I don't come back within 12 months if the Get is written within 12 months it is not a Get but R. Yosi holds that it a Get.
 
If the Get was written and given after 12 months and the husband died, if the Get preceded his death it is a Get but if not it is not a Get.
 
If we are in doubt if the Get preceded his death or not it is a Safek if she is divorced.

A BIT MORE

R. Meir holds that a Tenai that is not Kaful is not a Tenai and therefore since he didn't speak out both sides of the Tenai it doesn't have to be fulfilled.
 
2. The Chachamim are of the same opinion of R. Shimon Ben Gamliel who holds that if it isn't her fault that she can't fulfill the Tenai it is a Get.
 
3. One witness from the first Tenai may not combine with one witness from the second Tenai when testifying that the Get was give conditionally.
 
4. Antipras is at the far border of Yehudah. The husband was making two conditions in the Get. The first condition was that if I don't come back with thirty days it shall be a Get. The second condition is that if I reach Galil it shall be a Get immediately even if I come back within thirty days, if he reaches Antipras and returned within thirty days the Get is void because he did not reach Galil and he also returned within thirty days.
 
5. Kfar Asinai is at the far border of Galil and also in this case he made two conditions and since he did not reach Yehudah and he also came back within thirty days the Get is void.
 
6. Ako is at the far border of Eretz Yisrael; in this case also he made two conditions.
 
7. When he eventually stays away for thirty days it is a Get as long as since there was no Yichud anytime after the writing of the Get because if there was Yichud it is a Get Yashan and it is Pasul mid'Rabanan because of the concern that people will see the date on the Get and they will think that the Get preceded the conception of their child and that the child was conceived out of wedlock
 
8. Because he died before the Get went into effect and a Get can't go into effect after death. However according to R. Yosi it is a Get because he holds that the date on the Shtar makes it as if he said 'from now' and the Get went into effect retroactively from the time that it was given.

BRIEF INSIGHT

AKO
 
The Gemara says that Ako was in Eretz Yisrael. The Ramban explains that although the Pasuk states that at the time of Yehoshua Klal Yisrael did not capture Ako since it was captured by Ezra it is regarded as part of Eretz Yisrael. The Chasam Sofer says that although the Ramban implies that cities that were captured by Ezra are considered part of Eretz Yisrael this only applies to the cities that are inside the borders of the land that was given to Avraham Avinu. Since Ako was inside the borders of the land that was given to Avraham it is part of Eretz Yisrael even though it was never captured by Yehoshua.

QUICK HALACHAH

A GET AL TENAI
 
If the husband gives a Get with the Tenai that she must give 200 Zuz and than he than he makes another condition in front of two witnesses that she must care for his father for two years, the second Tenai doesn't supplant the first Tenai and it is as if he said to her that she must fulfill one of the two conditions, she may choose to care for his father or to give the 200 Zuz. One witness from the first Tenai may not combine with one witness from the second Tenai. However, if the first Tenai was to give 200 Zuz and the second Tenai was to give 300 Zuz the second Tenai supplants the first Tenai and she must give 300 Zuz. (Rambam Hilchos Gerushin 8:18)

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