Gittin - Daf 76
- If the husband makes a condition before two witnesses, then makes another before other witnesses
It was taught in a Baraisa: If the husband said before two witnesses, הרי זה גיטך על מנת שתשמשי את אבא ב' שנים – “This is your get on condition you serve my father for two years,” and he later said before two other witnesses (prior to giving the get), הרי זה גיטך על מנת שתתני לי מאתים זוז – “This is your get on condition that you give me two hundred zuz,” לא ביטל דברי האחרון את הראשון – the last words did not void the first words, and both conditions are valid. Thus, she may fulfill either. Rashi explains that since he did not say that his wife must pay in addition to serving his father, he could not mean that both conditions must be fulfilled. However, if he first said, “on condition that you give me two hundred zuz,” and before other witnesses said, “on condition that you give me three hundred zuz,” the second condition voids the first, and she must pay three hundred zuz to effect the get. The Baraisa concludes: ואין אחד מן הראשונים ואחד מן האחרונים מצטרפין – And one witness from the first pair cannot combine with one witness from the second pair to testify to a condition. This refers to the first case, and although they witnessed different conditions, since either one can effect the divorce, one might think they can jointly testify that there was a condition in the get.
- כל זמן שאעבור מכנגד פניך שלשים יום, the concern of שמא פייס
The next Mishnah states: הרי זה גיטך כל זמן שאעבור מכנגד פניך שלשים יום – If one says, “This is your get any time I pass from your presence for thirty days,” היה הולך ובא הולך ובא – and he was constantly going and coming, הואיל ולא נתיחד עמה הרי זה גט – since he was not alone with her, it is a valid get. The Gemara wonders why the get is valid, since he did not leave her presence for thirty days. Two explanations are offered. (1) Rav Huna explains that the husband was using a euphemism for תשמיש – relations, and since he did not have relations for thirty days, the get is valid. (2) Rebbe Yochanan says the expression is intended literally, and she is not yet divorced. The Mishnah teaches the get is still valid to later fulfill the condition, and it is not a גט ישן – old get (i.e., where the husband was alone with his wife after the written date, which disqualifies a get). The Gemara asks: וליחוש שמא פייס – Let us be concerned that he appeased her and secluded himself with her and will later claim he rendered the get a גט ישן!? It answers that the Mishnah is where the husband explicitly says: נאמנת עלי לומר שלא באתי – “[My wife] is believed by me to say I did not come back and appease her.”
- A condition of not returning for twelve months, and the husband died in the interim
The next Mishnah states: ה"ז גיטך אם לא באתי מכאן ועד י"ב חדש – If one says, “This is your get if I have not returned in twelve months,” ומת בתוך י"ב חדש – and he died within twelve months, אינו גט – it is not a valid get, since it takes effect after his death. But if he said it should take effect “from now” if he does not return, it is effective even if he dies during the twelve months. The Gemara reports that Rebbe Yehudah Nesiah, grandson of Rebbe, permitted her to remarry on the basis of such a get even in the first case, because he holds like Rebbe Yose that זמנו של שטר מוכיח עליו – the date of a document proves its intent to take effect from that date. Rebbe Elazar asked an elderly man, who was present at the above lenient ruling, if she may remarry immediately, or if she must wait until the twelve months end. לאלתר שריתוה דהא לא אתי – Did you permit her immediately, because [the husband] will not return, או דלמא לאחר י"ב חדש שריתוה – or did you only permit her after twelve months, דהא איקיים ליה תנאו – because the condition is fulfilled only at that time? The same question may be asked about the second case of our Mishnah. The questions remain unresolved.
