1,786. If the Husband Dies Before the Condition is Met

Hilchos Geirushin 8:21

Let’s say that a man divorces his wife on condition that she pay him 200 zuz within 30 days. If she pays him within 30 days with his consent, then divorce is effected; after 30 days, divorce is not effected. If she gives him the money against his will and he refuses it, the divorce is invalid until he accepts payment willingly. If he tells her within the 30 days that he is willing to forego the money, divorce is not effected because the condition wasn’t met. If he dies within the 30 days, divorce is not effected because the 30 days went by without her giving him the money.

Hilchos Geirushin 8:22

Let’s say that a man divorces his wife on condition that she pay him 200 zuz without specifying a time frame. If he dies before she pays him, she cannot pay his heirs because the condition was that it be given to him. However, the get is not voided by his death because it didn’t specify a time frame. Therefore, even if the get was lost or torn before he died, she shouldn’t remarry without performing chalitzah (to dissolve the bonds of levirate marriage to her late husband’s brother).