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Gittin 7:3-4

Gittin 7:3

If a man gives his wife a get saying, “this is your get if I die,” “if I die from this disease” or “after my death,” he has said nothing. If he says, “effective today if I die” or “effective immediately if I die,” it is a valid get. If he says, “effective today and after I die,” it is a quasi-get (i.e., we are unsure as to whether or not it is effective). If he dies, his wife may only perform the chalitzah ceremony, she may not undergo yibum. If the husband says, “This is your get effective today if I die from this disease,” then he recovered and went out in public, only to fall ill again and die, then they must evaluate his medical situation. If he was not truly recovered from his original illness, the get is effective. If he recovered and this was a separate disease, the get is invalid.

Gittin 7:4

A woman who has received a conditional get may not be alone with her husband without a chaperone. Even a servant or a maidservant can fulfill this function but not her own maidservant because their relationship is too intimate. The legal status of a woman with a conditional get is a married woman in every way according to Rabbi Yehuda. Rabbi Yosi says that she is quasi-divorced (i.e., it is a case of doubt).

Author: Rabbi Jack Abramowitz