1,793. No Divorce After Death

Hilchos Geirushin 9:11

If a man says, “This is your get, effective from now if I don’t return within 12 months,” we aren’t concerned that he might have returned secretly because this isn’t something that people normally do. Accordingly, if the designated period passes and he hasn’t returned, divorce is effected. If he dies within those 12 months, even though divorce will be effected because he obviously can no longer return, if the woman would have needed to perform yibum (levirate marriage), she may not marry until the 12 months have passed and the condition has been met.

Hilchos Geirushin 9:12

If a healthy person divorces his wife conditional that divorce be effected if he dies, or if a sick person divorces conditional on him dying from his current disease, their words are meaningless because “if I die” implies after his death. This is invalid because divorce cannot be effected after one dies.