Gittin - Daf 74
- Machlokes when a get takes effect if it was given on condition the wife gives money
The next Mishnah states: If one says, הרי זה גיטך ע"מ שתתני לי מאתים זוז, - “This is your get, on condition that you give me two hundred zuz,” הרי זו מגורשת ותתן – she is divorced, and she must give the money. Amoraim disagree when the get takes effect. Rav Huna says: והיא תתן – And she gives it, meaning that she is divorced retroactively, provided she eventually pays. Rav Yehudah says: לכשתתן – She is divorced when she gives it, but not before. If the get is destroyed before she pays, it is invalid according to Rav Yehudah. They argue similarly by one who marries someone על מנת שאתן לך מאתים זוז – “on condition that I give you two hundred zuz,” if the kiddushin takes effect retroactively or only when he pays (which becomes relevant if she received kiddushin from another in the interim). The Gemara explains the novelty of each machlokes. Two Baraisos prove that the divorce takes effect retroactively, and Rav Yehudah answers that they reflect the minority opinion of Rebbe, who holds: כל האומר על מנת – Anyone who says a transaction is “on condition,” כאומר מעכשיו דמי – is like he says it should take effect from now.
- Machlokes if his condition to give a cloak may be fulfilled with money
In the Mishnah’s conclusion, Rabban Shimon ben Gamliel cited an incident in Tzidon to support a principle which the Mishnah did not appear to discuss. The Gemara explains: חסורי מיחסרא והכי קתני – [The Mishnah] seems to be deficient, and it teaches this: אם אמר לה ע"מ שתתני לי איצטליתי – If he said to her, “This is your get on condition you give me my cloak,” ואבדה איצטליתו – and she lost his cloak, the Tanna Kamma holds the cloak itself must be given, and she cannot fulfill the condition. Rabban Shimon ben Gamliel says: תתן לו את דמיה – she can give its equivalent value. He adduces support for this position from the incident in Tzidon, where such a condition was made and the cloak was lost, and the Rabbis allowed her to pay its value.
- What is the halachah if the husband forgives the condition of giving 200 zuz?
Rebbe Asi inquired of Rebbe Yochanan: If one gave a get on condition she gives him two hundred zuz, וחזר ואמר לה מחולים לך מהו – and he later said to her, “They are forgiven to you,” what is the halachah? He explains that even according to the Rabbonon above, who said the condition to give a cloak cannot be substituted with money, perhaps they would agree that where he completely forgave the payment, it is tantamount to receiving it. On the other hand, although Rabban Shimon ben Gamliel said the condition to give a cloak is fulfilled with money, that may be דקא מפייסה ליה בדמי – because she appeased him with money, but perhaps forgiving it entirely is ineffective because he did not receive anything from her. Rebbe Yochanan answered that she is not divorced since the condition was not fulfilled. Rebbe Yochanan is challenged from a Mishnah which teaches that if someone says, “Konam your benefiting from me until you give my son one kor of wheat and two barrels of wine,” Rebbe Meir says the benefit is forbidden until they are given, but the Chachomim hold he can say: "הריני כאילו התקבלתי" – I consider it like I received it!? The Gemara differentiates between the cases: regarding the get, לצעורה קא מכוין ולא ציערה – he intended to make her suffer with his condition, and he did not make her suffer yet if she did not pay, whereas regarding the neder, משום הרווחה הוא – the condition was for his son’s gain, and he decided he no longer needs it, so he is able to waive his claim.
