1,791. A Condition "If I Don't Return"

Hilchos Geirushin 9:7

If a man wants to grant a conditional divorce, the condition being that divorce will not be effected until a particular time, he should make a conditional statement dependent on his leaving or returning at a designated time. For example he says, “If I don’t return between now and 30 days, this get is valid; if I do return within 30 days, then the get is invalid,” after which he gives her the get. He could also say, “This is your get on the condition that I don’t come back to this country within 30 days.” This is true in all comparable cases.

Hilchos Geirushin 9:8

Let’s say that a man divorces his wife conditional on his not returning to the country within 30 days. He tries to return within 30 days but he got sick or was impeded by a river with the result that he only returned after 30 days. In such a case, the get is valid even if he objects that he was prevented by circumstances beyond his control. Being prevented by circumstances beyond one’s control is not a valid excuse in divorce even if the husband makes it clear that he doesn’t want divorce to be effected.