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Gittin 7:5-6

Gittin 7:5

If a man divorces his wife saying, “Here is your get on the condition that you give me 200 zuz,” she is divorced and has to pay. If he says, “on the condition that you pay me within 30 days of now,” then if she pays him within the 30 days, she is divorced; if not, then she is not divorced. Rabban Shimon ben Gamliel related an incident that happened in a place called Tzaidan in which a man divorced his wife conditional upon her giving him his cloak. The cloak was lost (rendering her unable to fulfill the condition), so the Sages advised her to pay the husband the value of the cloak.

Gittin 7:6

If a man divorces his wife saying, “Here is your get on the condition that you serve my father” or “on the condition that you nurse my son,” she must nurse for two years; Rabbi Yehuda says 18 months. If the son or the father dies before she could fulfill the condition, the get is nevertheless valid. If the husband says “Here is your get on the condition that you serve my father for two years” or “on the condition that you nurse my son for two years,” if the son or the father dies, or if the father declines her services through no flaw on her part, then the get is not valid. In such a case, Rabban Shimon ben Gamliel says that the get is valid. His general rule is that if the reason a condition cannot be fulfilled is not the wife’s fault, then a get is valid.

Author: Rabbi Jack Abramowitz