1,794. Retroactive Divorce Effected After Death

Hilchos Geirushin 9:13

Pursuant to the previous halacha, if a man tells his wife, “This is your get, effective retroactive to now if I die,” or “retroactive to today if I die,” then the get is valid and his wife is retroactively divorced upon his death.

Hilchos Geirushin 9:14

If a man says, “This is your get; if I die, it is effective retroactive to now – or to today – after my death,” and he subsequently dies, the divorce is in doubt. We’re concerned that after saying “retroactive to now” he may have changed his mind and instead desired that divorce be effected after his death. As we have stated, divorce cannot be effected after one dies.