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GITIN 83

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12th CYCLE DEDICATION
GITIN 83 - Ari Kornfeld has generously sponsored the Dafyomi publications for thIs Daf for the benefit of Klal Yisrael.

SUMMARY

It is a question to Abaye if a person gives a Get with the exception of Reuven and Shimon and he subsequently says to Reuven if he means that both Reuven and Shimon shall be permitted or only Reuven is permitted.
 
If the answer to the previous question is that only Reuven is permitted if he instead says Shimon it is a question if he means Shimon and also Reuven or only Shimon.
 
It is a question to R. Ashi if the answer to the previous question is that only Shimon is permitted if he says also Shimon if both Reuven and Shimon are permitted or only Reuven. (2)
 
R. Tarfon asked on R. Eliezer if a husband is permitted to make a condition in a Get that she may not marry Ploni it can cause the Mitzvah of Yibum to be uprooted. (3)
 
Rava asked on R. Tarfon that according to his logic a person may not marry the daughter of his brother because the Mitzvah of Yibum may be uprooted.
 
R. Yosi ha'Glili asked on R. Eliezer that we never find that a woman is permitted to one person and forbidden to another. (4)
 
Rava asked on R. Yosi ha'Glili that an Eishes Ish is permitted to her husband and forbidden to everyone else.
 
R. Eliezer Ben Azaryah asked on R. Eliezer that when someone is excluded from the Get it is not a Kerisus.
 
R. Akiva asked on R. Eliezer that if the husband makes a condition that she may not marry Ploni, if the wife remarries and after her husband's death she marries Ploni her children will be Mamzerim retroactively.
 
Rava asked on R. Akiva that according to this logic any time there is a condition in the Get it should be forbidden for her to remarry because of the concern that she will not fulfill the condition
 
R. Akiva also asked if the husband said that you are permitted to everyone except for Ploni she is an Eishes Ish to Ploni and since she is a partial Eishes Ish she should be forbidden to everyone. (5)
 
R. Yehoshua asked on R. Eliezer that we should compare the period prior to her second marriage to the period prior to her first marriage. (6)
 
R. Eliezer admits that if the husband says that you are permitted to everyone except for Ploni that once she remarries she is permitted to Ploni if her husband dies or she is divorced.
 
R. Shimon Ben Elazar asked on R. Eliezer we never find that one person prohibits and the other permits it.
 
A Chacham may only release a person from Neder if he expresses regret.
 
A husband may annul his wife's Neder even if she doesn't express regret because when a woman makes a Neder she has in mind that it is contingent on the consent of her husband.
 
If a husband divorces his wife on condition that she doesn't drink wine or go to her father's house forever, it is not a Kerisus and she is not divorced.
 
If he divorces her on condition that she doesn't drink wine or go to her father's house for thirty days it is a Kerisus and she is divorced.
 
If he divorces her on condition that she doesn't drink wine for her entire life it is not a Kerisus but if he says for my entire life or Ploni's entire life it is a Kerisus.
 
If someone gives a Get to his wife and he says that today you are not my wife but tomorrow you are my wife she is divorced forever.

A BIT MORE

1. This question is based on the previous question of Abaye, if a person gives a Get with the exception of Reuven and Shimon and he subsequently says to Reuven and Shimon, if the answer to that question is that that she is also permitted to Reuven and Shimon than this question will apply
 
2. Maybe he is saying also to the rest of the world or maybe he is saying also to Reuven.
 
3. If she marries the brother of Ploni and he dies without children she can't do Yibum with Ploni. However if he says except from Ploni it is permitted for her to do Yibum because once she remarries the restriction to marry Ploni no longer applies.
 
4. This is only a question if the husband said that she is permitted to everyone except for Ploni, however if he says on condition that she doesn't marry Ploni he is not prohibiting her from marrying Ploni.
 
5. Just as a woman who is divorcee to one person is forbidden to a Kohen so too someone who is an Eishes Ish, even if it is only to one person, she should be forbidden to everyone. Rava asked on R. Akiva that Isurei Kehunah is different and we can't learn out from there.
 

 
6. Just like prior to her first marriage she wasn't forbidden to anyone so too prior to her second marriage she may not be forbidden to anyone

BRIEF INSIGHT

BITUL HA'GET
 
R. Akiva asked on R. Eliezer that if the husband makes a condition that she may not marry Ploni if the wife remarries and after her husband's death she marries Ploni her children will be Mamzerim retroactively. Tosfos asks that it is impossible for her to marry Ploni because she is an Eishes Ish to Ploni and the Kidushin and Nisu'in will not be valid. Tosfos answers that she may marry Ploni after the death of her first husband and since she is no longer an Eishes Ish the Kidushin will be valid. The Ramban answers that even though the Kidushin in not valid it is nevertheless regarded as a transgression of the condition because the condition was not meant to prohibit only marriage but rather any type of relationship with Ploni. The Ran says that according to this logic, if someone gives a gift to his friend on condition that he doesn't give the object to Ploni if he gives the object to Ploni the gift is retroactively annulled even though Ploni doesn't have a Kinyan on the object.

QUICK HALACHAH

A KERISUS
 
This is your Get on condition that you do not go to your father's house for thirty days it is a Get, that you don't go to your father's house forever it is not a Get because it is not a Kerisus. Therefore someone who says to a woman this is your Get on condition that you will not eat flesh forever, or on condition that you will not drink wine forever it is not a Get because it is not a Kerisus, until thirty days it is a Kerisus. (Rambam Hilchos Gerushin 8:11)

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