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GITIN 84

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SUMMARY

If someone gives a Get to his wife on condition that she marries Ploni, she may not marry Ploni because we don't want people to say that a wife may be given as a gift but if she marries him she may stay with him. (1)
 
If someone says that I will not sleep today if I sleep tomorrow, R. Yehudah says that he may not sleep today lest he sleeps tomorrow.
 
R. Nachman says that he may sleep today and we are not concerned that he will sleep tomorrow.
 
If someone gives a Get to his wife on condition that she ascend to the sky, descend to the depth, swallow a 4 Amah reed, bring him a 100 Amah reed, or cross the great sea by foot, it is not a Get according to the Tana Kama.
 
R. Yehudah Ben Teima says that it is a Get because a condition that is impossible to keep is void.
 
Abaye says that if someone gives a Get to his wife on condition that she eats pig meat it is regarded as a condition that is impossible to keep is and the condition is void according to R. Yehudah Ben Teima.
 
Rava holds that it is regarded as a condition that is possible to be fulfilled because she can eat it and receive Malkus.
 
If a husband says that this is your Get if you have relations with Ploni if the condition is fulfilled it is a Get.
 
If he says this is your Get if you don't have relations with my father or your father we are not concerned that she will have relations with him.
 
A condition that certainly breaches the Torah is void, such as a Kidushin on condition that the husband is not obligated in She'er Ksus and Onah.
 
According to the Rabanan if a husband gives a Get and he says that you are permitted to everyone except for Ploni he must take the Get back and give it to her again and say this is your Get. (2)
 
If the husband writes a clause in the Get that she is permitted to everyone except for Ploni the Get is Pasul even if the clause is subsequently erased.
 
It is a Machlokes Amora'im R. Safra holds that even if the husband instructs witnesses prior to the writing of the Toref that it shall be written on condition that his wife doesn't marry Ploni the Get is Kosher
 
Rava holds that if the witnesses are instructed prior to the writing of the Toref the Get is Pasul.
 
Rebbe holds that all conditions that are written in the Get invalidate the Get. (3)
 
The Chachamim hold that only a condition when he permits her to everyone except for Ploni invalidates the Get.

A BIT MORE

1. She may not marry anyone else because she must fulfill the condition before remarrying and if she marries someone else she must go out.
 
2. Chizkiyah says that is in accordance with the opinion of R. Shimon Ben Elazar who holds that if the wife was unaware that she was given a Get it must be given to her again. R. Yochanan says that even according to Rebbe who holds that it is sufficient to say this is your Get, however in this case he agrees that it must be given again since she was Koneh the Get with that it made her Pesulah to Kehunah.
 
3. Rebbe holds that the Chachamim decreed that all conditions invalidate a Get, it is a Gezeirah because of the condition that invalidates a Get when he says that he she may marry everyone except for Ploni.

BRIEF INSIGHT

TENAI BNEI GAD AND REUVEN
 
If someone gives a Get to his wife on condition that she ascends to the sky, or descends to the depth, or swallows a reed that is four Amos, or brings a Kanah of 100 Amos, it is not a Get according to the Tana Kama. Rabeinu Elchanan asks why this is regarded as a valid condition. Why don't we learn out from the Tenai of Bnei Gad and Reuven that only a condition that can be fulfilled is valid, but a condition that can't be fulfilled is not a condition? We learn out from the Tenai Bnei Gad and Reuven that a a Tenai that can't be fulfilled by means of a Shali'ach is not a valid condition, so why don't we also learn out that the Tenai must be possible to fulfill? Tosfos answers that we are only concerned that the act can be fulfilled by means of a Shali'ach but regarding the Tenai it is not relevant if it can be fulfilled by means of a Shali'ach, [therefore regarding a Tenai that is impossible to be fulfilled as long as the act can possibly be fulfilled the Tenai doesn't have to be possible to be fulfilled].

QUICK HALACHAH

AN IMPOSSIBLE TENAI
 
If someone says to a woman if you ascend to the sky or go down to the depth you shall be Mekudeshes to me with this Dinar and if you don't ascend to the sky or go down to the depth you are not Mekudeshes and than he gives her the Dinar the condition is void and she is Mekudeshes immediately because it is well known that it is impossible to fulfill the condition and it is regarded as if he is exaggerating and joking with her. (Rambam Hilchos Ishus 6:8)

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